Colorado Politics

Advocate sues Gov. Jared Polis to stop implementation of marijuana concentrates bill

A family Gov. Jared Polis earlier this year touted as a model of civic engagement is now suing his administration in an effort to stop the implementation of a bill that seeks to regulate marijuana concentrates.

Nineteen-year-old high school student Ben Wann, along with his parents Brad and Amber, served as the champions and driving force behind Senate Bill 56, approved this session. The bipartisan bill led by Senate Minority Leader Chris Holbert, R-Douglas County, included provisions to expand students’ access to medical marijuana while at school.

It’s a fight the elder Wanns took on to help their son, an epileptic who uses hemp oil to prevent seizures and relies on a nasal spray with THC to stop them if they occur but was banned from keeping the nasal spray on campus.

The bill, signed into law in May, drew an emotional reaction and profanity from the usually mild-mannered Douglas County Republican and praise from Polis.

“Brad and Amber went above and beyond the call of duty, contacted everyone they could: their school district, the Douglas County School Board, the superintendent, they contacted me, they contacted their state legislators, exactly what citizens should do when they need a change,” Polis said at the bill signing ceremony.

The Wann family are set to return to the political spotlight, but this time they’ll be on the opposite side of an issue from Polis and Holbert, who along with every member of the Senate voted in support of House Bill 1317.

The family alleges in a lawsuit filed Wednesday in Denver district court that the newly signed law will limit Ben’s hard-fought progress to access the THC products he needs.

“HB21-1317 has the potential to remove Ben’s access to his regimen entirely, with potentially life-threatening consequences for Ben, and patients statewide,” the firm representing the Wanns in the suit said in a statement.

The bill from House Speaker Alec Garnett, Rep. Yadira Caraveo, D-Thornton, and Sens. Chris Hansen, D-Denver, and Paul Lundeen, R-Monument, is an effort to boost research on the effects of THC on the developing brain and keep high-potency marijuana concentrates out of the hands of teenagers.

The suit alleges nearly two dozen ways in which it is illegal, including challenges to the process by which it cleared the General Assembly and specific provisions within the bill.

One such provision that the Wann family testified strongly against as the bill was heard by the House Public and Behavioral Health and Human Services Committee centered on new requirements for physician’s recommendations for medical marijuana.

“Plaintiff will be immediately and irreparably injured if HB 1317 is allowed to go into effect as physicians will no longer be able to generally recommend medical marijuana in Colorado, and many have already stated publicly that they will not certify or authorize marijuana as required by HB 1317 for fear of loss of DEA license privileges,” the complaint alleges.

That closely matches Amber Wann’s testimony in May.

“My son wouldn’t be updating his medical card and unable to use his bill at school to save his life,” she told the House panel.

Spokesmen for Polis and the House Democratic caucus declined to comment, citing the ongoing nature of the litigation.

With advocates including the Wann family watching on, Senate Minority Leader Chris Holbert, R-Douglas County, speaks to the benefits of SB 56 as Gov. Jared Polis prepares to sign it into law.
By PAT POBLETE
pat.poblete@coloradopolitics.com
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