DISTRICT COURT, CITY AND COUNTY OF DENVER,

STATE OF COLORADO

DATE FILED: August 19, 2015 4:00 PM

FILING ID: 209C71D13C06B
CASE NUMBER: 2015CV32969

City and County Building

1437 Bannock Street
Denver, CO 80202
720-865-8301
_________________________________________________
Plaintiffs:
CURTIS BEAN, LARISA BOLIVAR, STEPHEN OTERO,
MATTHEW KAHL, and ZACH PHILLIPS
v.
Defendants:
COLORADO DEPARTMENT OF PUBLIC HEALTH AND
THE ENVIRONMENT, and COLORADO BOARD OF
HEALTH
Attorneys for Plaintiffs:
Robert T. Hoban, #33151
C. Adam Foster, #35969
Jean E. S. Gonnell, #44623
Hoban & Feola, LLC
730 17th Street, Suite 405
Denver, Colorado 80202
Telephone: 303-674-7000

COURT USE ONLY

Case Number:

COMPLAINT FOR JUDICIAL REVIEW PURSUANT TO C.R.S. 24-4-106 AND

DESIGNATION OF RECORD
Plaintiffs, Curtis Bean, Larisa Bolivar, Stephen Otero, Matthew Kahl and Zach
Phillips, by and through their attorneys, Hoban & Feola, LLC, hereby commence an action
for judicial review of a final determination by the Colorado Department of Public Health
and Environment (CDPHE) and the Colorado Board of Health (the Board), respectfully
stating and alleging as follows:

I.

SUMMARY1

1. Each of the individual Plaintiffs suffers from Post Traumatic Stress Disorder (PTSD)
and uses medical marijuana2 to control the symptoms of PTSD. Plaintiffs respectfully
ask this Court to reverse the July 15, 2015 decision of the Board denying a petition to
add PTSD as an acceptable condition for medical marijuana recommendations (the
Petition).
2. The individual Plaintiffs access to appropriate medicinal strains of marijuana has been
severely impeded by the Boards refusal to recognize PTSD as an appropriate condition
for medical marijuana recommendations. This is because many of the most effective
strains of medical marijuana for treating PTSD are only available to registered medical
marijuana patients, and the majority of the most knowledgeable medical marijuana
caregivers will only treat registered patients. Additionally, to the limited extent that the
most effective strains of medical marijuana for treating PTSD are available through the
recreational marijuana market, such strains are significantly more expensive, which
imposes severe financial hardship on Plaintiffs and similarly situated individuals
suffering from PTSD. All of these factors present significant obstacles to Plaintiffs and
other individuals suffering from PTSD who wish to obtain a medical marijuana
recommendatios from a licensed healthcare provider to treat their PTSD symptoms.
3. The Defendants arbitrary and capricious decision to deny the Petition based upon the
purported lack of medical evidence creates a vicious Catch-22 by impeding research
to further quantify the benefits and side-effects of using medical marijuana to treat
PTSD and hampering efforts to identify and refine the most effective strains of medical
marijuana for treating PTSD. Moreover, the Defendants have arbitrarily denied
physicians the opportunity to use their clinical judgment to prescribe the medicine that
will most effectively treat their patients PTSD symptoms.
II.

JURISDICTION AND VENUE

4. This Court has jurisdiction to hear this case under C.R.S. 24-4-106.
5. Venue is proper in this Court pursuant to C.R.S. 24-4-106(4), which provides that, the
residence of a state agency for the purposes of [judicial review of agency rulemaking
The section headings and footnotes in this Complaint are for the sake of convenience only,
and require no answer beyond the answer to the allegations set forth in the numbered
paragraphs.
2 Many people prefer the word cannabis to marijuana because it is the scientifically
correct name of the plant, they believe that marijuana has been unfairly stigmatized and
that cannabis better reflects the medical, industrial and scientific potential of the plant.
This Complaint uses the phrase medical marijuana because it is used in the Colorado
Constitution, the Colorado Revised Statutes, and the rules of various state agencies.
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action] shall be the City and County of Denver. See also C.R.C.P. 98(c) (venue is proper
in the county where the Defendant resides).
III.

PARTIES

6. The Defendant CDPHE is an agency of the State of Colorado, and is responsible for
reviewing petitions to add specific medical conditions to the list of conditions that may
be properly treated with medical marijuana.
7. The Defendant Board is a branch of the CDPHE and is responsible for conducting
hearings regarding proposed CDPHE rules, including hearings to add specific medical
conditions to the list of conditions for which physicians may recommend medical
marijuana.
8. Plaintiff Curtis Bean is an individual resident of Lakewood, Colorado. Mr. Bean served
as a U.S. Army sniper during two tours of duty in Iraq. Mr. Bean experienced many
traumatic events while serving in Iraq, including witnessing the aftermath of a roadside
bomb that destroyed a Humvee, killing four of his friends.
9. When Mr. Bean returned to the U.S. after active duty he suffered from undiagnosed
PTSD, and attempted to self-medicate using alcohol. After receiving an appropriate
PTSD diagnosis, Mr. Bean completed the Denver Veterans Administration (VA)
Medical Centers seven-week inpatient PTSD program in January 2013. Mr. Bean is now
extremely active in the veterans community, giving art classes to veterans through the
VA and Denver Vet Center. Mr. Bean also established a non-profit organization called
Art of War to promote art therapy for veterans.
10. Mr. Bean uses marijuana to alleviate symptoms of PTSD and believes that other
veterans suffering from PTSD will also benefit from using medical marijuana. But as
explained above, the Board has harmed Mr. Bean by denying him the opportunity to
obtain a medical prescription to treat his PTSD symptoms using marijuana.
11. Plaintiff Larisa Bolivar is an individual resident of Denver, Colorado. Ms. Bolivar was
sexually molested at the age of five and suffered horrific physical, sexual and emotional
abuse both as a child and as a young adult. In the early 2000s Ms. Bolivar sought
professional help and was diagnosed with PTSD, generalized anxiety disorder and
agoraphobia and bulimia.
12. Ms. Bolivars psychiatrist prescribed her a series of selective serotonin reuptake
inhibitors (SSRIs)a class of psychotropic pharmaceutical drugs frequently
prescribed to treat PTSD symptoms--through 2008. None of the SSRIs was sufficiently
effective in treating her symptoms, and each had significant side effects. Ms. Bolivar
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also obtained a prescription for Xanax, an anti-anxiety medication that is sometimes

prescribed to treat PTSD on an off-label basis.
13. Ms. Bolivars overriding anxiety and side-effects related to the SSRIs started
snowballing to the point where she could not eat, and by 2006 she weighed a mere 89
pounds. Ms. Bolivar discovered that using medical marijuana enabled her to eat and
that certain strains alleviated her anxiety, depression, agoraphobia and susceptibility to
triggerscircumstances that activated her PTSD symptoms. Ms. Bolivar has been
able to discontinue her use of SSRIs and Xanax, and now controls her PTSD and related
medical conditions much more effectively using a combination of talk therapy and
medical marijuana than she was ever able to do using pharmaceutical drugs, all of
which caused far worse side effects than medical marijuana.
14. Ms. Bolivar recently finished coursework for her Master of Arts degree in public policy
with a 4.0 grade point average. She is currently working on her masters thesis, has
launched a nonprofit organization, works on public policy issues and as a consultant to
multi-million dollar businesses, and speaks publically in support of medical marijuana
and to help other PTSD survivors. Due to her agoraphobia, she does not believe that
she would have ever been to speak in front of crowds if she did not have access to
medical marijuana.
15. Ms. Bolivar testified before the Board in favor of the Petition on July 15, 2015. The
Boards decision to deny the Petition has significantly hindered Ms. Bolivars ability to
obtain PTSD-specific treatment using medical marijuana.
16. Plaintiff Stephen Otero is U.S. Air Force veteran and a resident of Loveland, Colorado.
He spent just over 11 years on active duty, with two combat deployments--one to Iraq
and one to Afghanistan.
17. During his first deployment to Iraq, Mr. Otero worked as an investigative member of an
explosive ordinance disposal unit. He deployed in an "in-lieu-of" tasking via the U.S.
Army and operated for six months primarily in and around southeast Baghdad, but as
far east as the Iranian border. Mr. Otero and his team were responsible for disrupting
enemy improvised explosive device (IED) supply lines, dismantling explosive devices
and conducting post-IED strike assessments.
18. His second deployment was to Afghanistan, where he served as a combat cameraman,
embedded in multiple ground combat units while supporting the Khost Provincial
Reconstruction Team out of Forward Operating Base Chapman. As the lone combat
photographer working the area of operations, Mr. Otero stayed on the move from unit
to unit, documenting operations and gathering intelligence imagery. While at FOB
Chapman he witnessed a suicide bomb attack that took the lives of seven American
government civilian employees.
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19. Mr. Oteros PTSD began to bother him severely after returning from Afghanistan, and
the pain of overwhelming symptoms led him to self medicate with marijuana during the
summer of 2010. Approximately one month after discovering the plant, he was selected
for random urinalysis and it was discovered that he was using marijuana. After almost
two years of fighting the U.S. Air Force, Mr. Otero won his honorable discharge and left
the service in March of 2012. He is the first veteran in American history to be honorably
discharged after the use of marijuana as a PTSD treatment.
20. Mr. Otero testified at the Boards July 15, 2015 hearing.
21. Plaintiff Matthew Kahl is a veteran of the U.S. Army 101st Airborne 506th Infantry and a
resident of Colorado. He served in two deployments, both to Afghanistan. His first
deployment was slated for 15 months of heavy combat as an infantryman in an elite
unit. Mr. Kahl received a number of undocumented traumatic brain injuries (TBIs)
during this deployment through close detonations of IEDs and other munitions.
22. Within months of returning home from his first tour of duty he found himself falling
apart emotionally and attempted to take his own life just two days before Christmas of
2009. Mr. Kahl survived, but felt even guiltier afterwards than he had beforehand for
living when so many other good men had died.
23. Mr. Kahl nonetheless went back to work, pulling himself together largely for the sake of
the new men coming into the unit who needed experienced hands to carry them
through the next deployment. Eight months after attempting to commit suicide, Mr.
Kahl deployed again. This time he left Afghanistan in a stretcher with a severe traumatic
brain injury, fractured maxilla and multiple spinal injuries. Mr. Kahl received an official
diagnosis of PTSD while convalescing in the Wounded Warrior Battalion at Fort
Campbell, Kentucky around January of 2011. He was involuntarily hospitalized for his
PTSD before being discharged in December of 2011.
24. Life for Mr. Kahl and his family was a living hell for years afterwards, and the common
practice of psychiatry made a complete mess of his care. Almost every pharmaceutical
psychiatric medication he was on was prescribed off-label because the FDA had not
specifically approved it to treat PTSD, and the pharmaceutical drugs rotated on a
monthly basis as Mr. Kahls psychiatrists tinkered with the mixture of prescription
drugs and dosages. Mr. Kahl suffered liver and kidney dysfunction as side effects from
pharmaceutical drugs, without any appreciable reduction in his PTSD symptoms.
25. He finally emigrated to Colorado in June 2013 and has used marijuana to titrate off of all
prescription pharmaceutical medications used to treat PTSD. Mr. Kahl is now happier,
more stable, more involved, and more productive than he has been since before his first

deployment. Nonetheless, his treatment is hampered by the fact that his physician
cannot recommend medical marijuana for him under existing Colorado law.
26. Plaintiff Zach Phillips served in the Navy for six months in the Iwo Jima Amphibious
Strike Group. He currently resides in Colorado Springs, Colorado.
27. He was injured while responding to a fire onboard the USS Nashville off the coast of
Iran during a missile operation. Mr. Phillips helped to save Marines who were in danger
from the fire but fell down a ladder-well and injured his spine in the process. Mr.
Phillips experience during this incident and other traumatic incidents in the service
caused him to develop PTSD. He also suffered permanent spinal injuries.
28. His physicians prescribed Ambien for sleeplessness and Xanax for anxietyneither of
which is FDA-approved to treat PTSD. Both drugs had significant side effects and
neither drug worked very well to treat PTSD. He also attempted to self-medicate with
alcohol to treat his insomnia, but that was not very effective either.
29. Mr. Phillips uses marijuana to combat the flashbacks and anxiety. Marijuana helps him
feel more mentally clear than benzodiazepines like Xanax. He does not believe that
existing pharmaceutical drugs are effective to treat most veterans with PTSD, and the
side effects of such drugs usually outweigh the benefits.
30. Mr. Phillips receives VA compensation and social security disability payments. He lives
on a fixed income and lives paycheck to paycheck. The Boards refusal to recognize
PTSD as a condition for which medical marijuana may be prescribed has harmed Mr.
Phillips by limiting his ability to discuss using medical marijuana to treat his PTSD
symptoms with his physician.
31. Recreational marijuana is generally at least one-third more expensive than medical
marijuana due to higher taxes and a lack of patient discounts. The inability to obtain
medical marijuana from a designated caregiver of their choice to treat their PTSD
causes substantial hardship to individuals like Mr. Phillips who are living on a fixed
income due to disability.
32. To summarize, Plaintiffs, and other similarly situated PTSD survivors, have been
harmed by the Defendants arbitrary and capricious decision to deny the Petition by
having their access to the most effective strains of medical marijuanaand the
assistance of the most knowledgeable medical marijuana caregivers--denied or severely
limited. They have been harmed financially by having to obtain the limited strains
available to them from the significantly more expensive recreational market. And they
have been harmed by the fact that their physicians clinical judgment to prescribe the
most effective medicine available has been usurped by the Board.

33. The Boards decision has also harmed PTSD patients generally by impeding necessary
medical research and forcing PTSD sufferers to turn to pharmaceutical drugs that are
less effective than medical marijuana and have far more serious side effects for many
PTSD patients.
IV. GENERAL ALLEGATIONS
34. In November of 2000, the voters approved Amendment 20 to the Constitution of the
State of Colorado, which is now codified as Article XVIII 14. Article XVIII 14
provides that medical use of marijuana is legal for those suffering from debilitating
medical conditions and provides legal protection for caregivers, individuals that
provide medical marijuana to authorized patients.
35. Article XVIII 14(1)(a) defines debilitating medical condition as:
(I) Cancer, glaucoma, positive status for human immunodeficiency
virus, or acquired immune deficiency syndrome, or treatment for
such conditions;
(II) A chronic or debilitating disease or medical condition, or
treatment for such conditions, which produces, for a specific
patient, one or more of the following, and for which, in the
professional opinion of the patients physician, such condition or
conditions reasonably may be alleviated by the medical use of
marijuana: cachexia; severe pain; severe nausea; seizures,
including those that are characteristic of epilepsy; or persistent
muscle spasms, including those that are characteristic of multiple
sclerosis; or
(III) Any other medical condition, or treatment for such condition,
approved by the state health agency, pursuant to its rule making
authority or its approval of any petition submitted by a patient or
physician as provided in this section.
36. Thus, the state Constitution expressly contemplates the addition of further debilitating
conditions that qualify under the medical marijuana program.
37. The governor has designated the Colorado Department of Public Health and the
Environment (CDPHE) as the state agency responsible for administering the medical
marijuana program. C.R.S. 18-18-406.3(d).
38. C.R.S. 25-1.5-106 sets forth the powers and duties of the CDPHE to administer this
constitutionally authorized medical marijuana program, including the duty, to ensure
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that patients suffering from legitimate debilitating medical conditions are able to safely
gain access to medical marijuana C.R.S. 25-1.5-106(1)(a). Defendants have failed in
their duty to ensure that PTSD patients have reasonable access to medical marijuana.
39. The CDPHEs rules governing medical marijuana are set forth at 5 CCR 1006-2. Per 5
CCR 1006-2, Regulation 6(A), [d]ebilitating medical conditions are defined as cancer,
glaucoma, and infection with or positive status for human immunodeficiency virus.
Patients undergoing treatment for such conditions are defined as having a debilitating
medical condition.
40. In addition, [d]ebilitating medical condition(s) alsoincludea chronic or debilitating
disease or medical condition other than HIV infection, cancer or glaucoma; or treatment
for such conditions, which produces for a specific patient one or more of the following,
and for which, in the professional opinion of the patients physician, such condition or
conditions may reasonably be alleviated by the medical use of marijuana: cachexia;
severe pain; severe nausea; seizures, including those that are characteristic of epilepsy;
or persistent muscle spasms, including those that are characteristic of multiple
sclerosis. 5 CCR 1006-2, Regulation 6(B).
41. 5 CCR 1006-2, Regulation 6(D) provides a procedural mechanism for patients or
physicians to petition the Board to add debilitating medical conditions to the approved
list. Upon receipt of such a petition for addition, the CDPHE Executive Director shall
review the information submitted, and, shall also conduct a search of the medical
literature for peer-reviewed published literature of randomized controlled trials or
well-designed observational studies in humans concerning the use of marijuana for the
condition that is the subject of the petition Regulation 6(D)(1).
42. Such a petition may be denied without hearing in a set of circumstances where,
effectively, there is no scientific support for the addition of the proposed debilitating
condition. 5 CCR 1006-2, Regulation 6(D)(2).
43. The Regulations included3 preliminary review of the proposed additional debilitating
condition by the medical marijuana scientific advisory council, which shall review the
petition information presented to the department and any further medical research
related to the condition requested, and make recommendations to the executive
director, or his or her designee, regarding the petition. 5 CCR 1006-2, Regulation
6(D)(3)(c).

Regulation 6(D)(3) expired on May 15, 2015 per Senate Bill 15-100, but the Board
proceeded under that regulation in this case because the Petition was filed prior to May 15,
2015.
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44. Pursuant to C.R.S. 24-4-103, the Board conducted a public rule making hearing on July
15, 2015 to consider modifying 5 CCR 1006-2 to add PTSD as a recognized debilitating
condition.
45. This proposed rule was developed by the Center for Health and Environmental Data,
and the Disease Control and Environmental Epidemiology Division of the CDPHE
pursuant to Colorado Constitution, Article XVIII, Section 14, and C.R.S. 25-1.5-106
and 106.5. In scheduling the July 15, 2015 hearing, the Board expressly solicited public
input including written and live testimony and comments.
46. The proposed measure came with strong support and an express recommendation for
approval of the Petition from the state's Medical Marijuana Scientific Advisory Council
(MMSAC) pursuant to 5 CCR 1006-2, Regulation 6(D)(3), which included the approval
and recommendation of CDPHE Executive Director and Chief Medical Officer Dr. Larry
Wolk.
47. C.R.S. 25-1.5-106.5 establishes a CDPHE-governed research grant program to facilitate
objective scientific research regarding the efficacy of marijuana and its component
parts as part of medical treatment. 5 CCR 1006-2, Regulation 14 further details the
CDPHEs medical research grant program.
48. The CDPHE has agreed to provide $2,156,000.00 in funding for a Placebo-controlled,
Triple-Blind, Randomized Crossover Pilot Study of the Safety and Efficacy of Four
Potencies of Smoked Marijuana in 76 Veterans with Chronic, Treatment- Resistant Post
Traumatic Stress Disorder.
49. But sadly, this grant money has not been utilized yet despite being awarded in
December 2014. Due to delays from layers of federal government red tape, it is unclear
when the PTSD/marijuana randomized controlled trial will commence. And in fact,
published data from this study will not be available to the public for four years.
50. The data from the study reaches the level of rigor that the Board was demanding, but
The study was submitted to the FDA in 2010 and will not have published data until
2019. This is evidence of the way marijuana efficacy research has been systematically
impeded in the U.S. Demanding randomized controlled trials before medical marijuana
can be recommended to treat PTSD under Colorado law is an unreasonable standard
because it cannot be attained in a reasonably timely manner, and does not address the
immediate needs of PTSD patients. While the government delays, thousands of
individuals suffer needlessly.
51. Suzanne Sisley, M.D., is a groundbreaking researcher, recently with the University of
Arizona, who has been working since 2010 with the nonprofit Multidisciplinary

Association for Psychedelic Studies (MAPS) to initiate the aforementioned study of the
safety and effectiveness of whole-plant marijuana for symptoms of PTSD in veterans.
52. Dr. Sisley's research proposal received the approval of the U.S Food and Drug
Administrationa high hurdle, since marijuana is still categorized as a Schedule 1 drug
by the federal governmentand the University of Arizona Institutional Review Board;
in March of 2015. Her study became the first whole-plant medical marijuana drug
development research project to obtain approval from the U.S. Department of Health
and Human Services to purchase marijuana from the National Institute on Drug Abuse,
which has a monopoly on marijuana used for federally-approved research in this
country.
53. Dr. Sisley testified at the July 15, 2015 hearing, but she was limited to two minutes of
testimony despite being among the nations leading PTSD researchers and a CDPHE
grant recipient. The Board abused its discretion by limiting Dr. Sisleys testimony to
two minutes, thus denying proponents of the Petition to present the most pertinent
scientific testimony in favor of the Petition.
54. The evidence presented at the July 15, 2015 hearing included research conducted
between 2009 and 2011 in New Mexico--the first state to authorize treating PTSD with
medical marijuana--which reported a 75 percent decrease in three major PTSD
symptoms in patients. This research used the VA-approved Clinically Administered
PTSD Scale (CAPS) method, which studies the presences of PTSD experiences and the
patients responses to them, and supports a conclusion that using medical marijuana is
associated with PTSD symptom reduction in some patients. This peer-reviewed study
was published in the newest special issue of the Journal of Psychoactive Drugs. See
George R. Greer, Charles S. Grob, Adam L. Halberstadt. PTSD Symptom Reports of
Patients Evaluated for the New Mexico Medical Cannabis Program, Journal of
Psychoactive Drugs, 2014; 46 (1): 73 DOI: 10.1080/02791072.2013.873843.
55. A second study discussed at the July 15, 2015 hearing concluded that, [w]hile further
research into cannabinoid treatment effects on PTSD symptoms is required, the
evaluated evidence indicates that substantial numbers of military veterans with PTSD
use cannabis or derivative products to control PTSD symptoms, with some patients
reporting benefits in terms of reduced anxiety and insomnia and improved coping
ability. Use and effects of cannabinoids in military veterans with posttraumatic stress
disorder Betthauser K, et al. Am J Health Syst Pharm. 2015.
56. Both of these studies are consistent with the testimony presented at the July 15, 2015
hearingmedical marijuana is effective for treating PTSD for many patients suffering
from the condition.

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57. More than 50 members of the public presented testimony at the July 15, 2015 hearing,
and only two individuals, without scientific data, testified against the addition of PTSD
to the qualifying list.
58. Despite the MMSAC and Dr. Wolks recommendation and support, the Board denied the
Petition following the July 15, 2015 hearing by a vote of six to two against, citing a lack
of sufficient scientific evidence.
59. The CDPHE and the Board have never granted a petition to add a debilitating condition,
and have denied at least 13 such petitions since 2001.
60. The Board denied the Petition in part because the addition of PTSD was not supported
by a randomized controlled study. But this establishes an arbitrary and unattainable
standard because the federal government has refused to allow the grant-approved
work of Dr. Sisley and Marcel O. Bonn-Miller to move forward. Thus, the Board made a
decision based upon a standard that cannot currently be attained, leaving PTSD patients
to suffer in the meantime.
61. The following states have approved PTSD as a qualifying condition for their medical
marijuana programs: Arizona, California, Connecticut, Delaware, Maine, Maryland,
Massachusetts, Michigan, Nevada, New Mexico, and Oregon. The territory of Guam and
Washington D.C. also permit use of medical marijuana to treat PTSD symptoms. Many
of these states relied on the very same information provided by Dr. Sisley at the July 15,
2015 hearing in doing so.
62. Arizona recognized medical marijuana as a legitimate treatment for PTSD following the
decision in In re Arizona Cannabis Nurses Assn., 2014A-MMR-0254-DHS (AZ Office of
Admin. Hearings, June 4, 2014). In that case, Administrative Law Judge Thomas
Sheddon held that testimony demonstrating that patients suffering from PTSD received
a palliative effect from medical marijuanacoupled with the New Mexico study
referenced above and testimony that prescribing medical marijuana was consistent
with clinicians use of other off-label drugs to treat PTSD--was sufficient to meet the
Appellants burden of proof to list PTSD as a qualifying condition.
FIRST CLAIM FOR RELIEF
(Judicial Review Pursuant to C.R.S. 24-4-106)
63. Plaintiffs incorporate the preceding allegations as if fully set forth herein.
64. The Boards action in denying the Petition was arbitrary and capricious, contrary to
Plaintiffs constitutional right to use medical marijuana, in excess of the Boards
statutory jurisdiction, authority, purposes, and limitations, not in accord with the
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procedures or procedural limitations required by law, an abuse or clearly unwarranted

exercise of discretion, based upon findings of fact that are clearly erroneous on the
whole record, unsupported by substantial evidence when the record is considered as a
whole, and otherwise contrary to law.
65. Thus, this Court should hold unlawful and set aside the Boards action and order the
Board to recognize PTSD as a debilitating condition for which physicians may properly
prescribe medical marijuana.
WHEREFORE, Plaintiffs respectfully ask this Court to:
a) Enter an order directing the CDPHE and the Board to add PTSD as a recognized
debilitating condition for which a physician may prescribe medical marijuana.
b) Award Plaintiffs their reasonable costs of suit and such other relief as this Court
deems just and proper.
DESIGNATION OF RECORD
Plaintiffs designate the following documents as relevant parts of the record pursuant to
C.R.S. 24-4-106(6):
1. The original or certified copies of all pleadings, applications, evidence, exhibits,
complaints, studies, correspondence and other papers presented to and/or considered
by the CDPHE and/or the Board related to the Petition.
2. A complete transcript of the hearing held before the Board on July 15, 2015.
3. Any and all written orders or opinions issued by the Board pertinent to this suit.
4. An offer of proof in the form of an affidavit setting forth Dr. Sisleys anticipated
testimony if the Board had not abused its discretion and instead granted her a
reasonable amount of time to testify at the July 15, 2015 hearing.
Respectfully submitted this 19th day of August, 2015.
Respectfully submitted,
by: /s/C. Adam Foster
C. Adam Foster, Reg. #35969
(original signature on file)

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Plaintiffs Address:
C/O Hoban & Feola, LLC
730 17th Street, Suite 405
Denver, Colorado 80202

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