The CDPHE meeting and adoption of Clendenin is obvious and inevitable. CDPHE is merely charged with administering the constitutional amendment, which necessarily includes incorporation of any rulings by the Court of Appeals and/or Colorado Supreme Court. It is those two entities who define that which is constitutional (or not) and CDPHE is required to follow such rulings in carrying out its administrative function. Rather than “tilt at windmills” and complain about how unfair the ruling is, it would behoove everyone to immediately comply with the strict requirements of Clendenin while law enforcement is still gathering its forces.
Perhaps by complying with Clendenin, we can present a different (i.e., winnable) case to help modify this decision going forward. Failure to comply is likely to result in prosecution without the benefit of a MMJ affirmative defense for caregivers. In such a case, the trial would only consist of a presentation by the DA of how much MJ was produced or sold, without any reference to MMJ or caregiving. All of our time is better spent finding new and creative ways to comply with Clendenin, rather than listening to the inevitable adoption of the case by CDPHE.