"One concern I have two years ago, and it appears that the board did the exact same thing they promised not to do. One of the reasons they violated the rules is that they seem to forget the plaintiffs in this cae. In the transcript there isn't any mention of the plaintiffs in the case... These people have, without dispute, serious problems for which they have prescriptions for medical marijuana... there was no mention of the impact of this change on these people... There is no consideration of how plaintiffs and others who need medical marijuana would obtain it...

"So, again, I find that the Board in their November 3rd meeting violated the law. Therefore the rule change they enacted is invalid and void....

The defendants are enjoined from enforcing that modification until a meeting in compliance with the court order and open meeting act can be held."

Joel Warner at Westword is doing an excellent job of live-blogging the hearing underway before Judge Larry Naves in Denver District Court, challenging the State Board of Health's "emergency" hearing last week at which it amended the definition of "primary caregiver" to provide new restrictions.

Judge Naves preceded over the 2007 District Court decision that overturned the Board of Health's attempt to limited caregivers to five patients. He's saying he has the same concerns today he had then -- that the Board of Health did not seek needed public input before making these rules.

After 75 minutes of argument, Judge Naves is taking a 10 minute recess and will return to rule on the motion. Stay tuned.