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Old 08-12-2010, 10:51 AM #1
SGMeds
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Colorado-First 1284 Challenge!

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FOR IMMEDIATE RELEASE- AUGUST 10, 2010


Dispensary Sues to Overturn Westminster Medical Marijuana Dispensary Ban – First Post HB1284 Challenge;
Press Conference Wednesday 8/11/10 at 12:00pm
Contacts: Sean McAllister, Esq. (970) 393-3164, mclawoffice@comcast.net; or Tae Darnell, Esq. (303) 226-6252, tae@thedgfirm.com

Westminster – On August 5, 2010, the Denver law firm of McAllister, Darnell & Gottlieb, P.C, also known as the Cannabis Law Center, filed suit on behalf of medical marijuana dispensary owner Carl Wehmoff and 5 of his patients after the City of Westminster filed criminal charges against Wemhoff aimed at shutting down his dispensary, Herbal Remedies.

Herbal Remedies has operated legally for over a year and serves thousands of patients with debilitating medical conditions. The City recently banned all dispensaries and has filed criminal charges against both Wemhoff and his 84-year old landlord in an effort to shut down the business. The landlord, Gene Lehman, does not want to evict Herbal Remedies. The City’s sole rationale for the ban is that such businesses may violate federal law, even though they are specifically allowed under Colorado law.

Wemhoff’s attorneys Sean McAllister and Tae Darnell explain, “This is a blatant violation of the state Constitution. Westminster wants to create medical marijuana apartheid - where medical marijuana dispensaries are allowed in some communities and banned in others. Patients in every community in Colorado deserve access to their medicine, not just in Denver or Boulder. This ban is particularly outrageous given that a majority of Adams County voters approved of the state medical marijuana initiative in 2000. Westminster’s ban is contrary to the will of its residents and illegal under state law. This case is a simple matter of enforcing our Constitution. Medical marijuana is a patient’s right, not a local option.”

The commencement of this action marks the first challenge to H.B. 1284, which went into effect August 1, 2010, and authorizes locals to ban dispensaries.

A press conference will be held Wednesday August 11, 2010 at 12:00 p.m at Herbal Remedies, located at 3200 W 72nd Avenue, #E, Westminster CO 80030.
McAllister, Darnell & Gottlieb, PC
36 Steele Street, Suite 200 Denver, Colorado, 80206
(303) CANNALAW - (303) 226-6252 – fax (720) 542-8391– info@cannabislawcenter.com

__________________


CO Constitution A18/S14:
https://www.cdphe.state.co.us/hs/medi...amendment.html

Formerly HB1284:
https://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/0C6B6577EC6DB1E8872576A80029D7 E2?Open&file=1284_enr.pdf
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Old 08-12-2010, 04:59 PM #2
Dorje113
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I don't think they have a chance. "Dispensary" is not mentioned in amendment 20.... from what I know they were never intended. However, I'm not sure Westminster can make a case for banning them, so this should be interesting...
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Old 08-12-2010, 10:35 PM #3
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