Colorado Lawyers to Sue Town Which Banned Dispensaries

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A group of Colorado lawyers are planning to sue the City of Centennial for banning medical marijuana dispensaries. The suit is being brought on behalf of CannaMart, a dispensary that was shutdown after the law was passed.

According to the lawyers:

Colorado law is clear: the city lacks the legal authority to restrict the rights of caregivers and patients in such a way.

http://www.huffingtonpost.com/2009/11/30/centennial-marijuana-law_n_373817.html

 

[fishinnutt]

Get 'em, they need to know or community is here to stay and has needs to be met.

 

[MacGyver420]

was waiting for this to happen

 

[Hash Zeppelin]

good luck to them.

 

[HappyDog]

It will be years before all the dust clears.
If people would register to vote as readily as they register for MMJ the elected officials would be 'on notice' when there is another changing of the guard in Washington.

 

[COhomegrown]

about damn time. any ideas on who the lawyers are?

 

[cobcoop]

Rob and Jessica Corry/.

 

[RAGGA MON]

hope they clean that city out! they need to learn that they are not higher and mightier than the state.

 

[COhomegrown]

Rob and Jessica Corry/.

word. hopefully he wont screw this one up... cmon robbie!

 

[Surrender]

The Corrys + Bob Hoban, a good land-use attorney it sounds like.
http://blogs.westword.com/latestword/2009/11/medical-marijuana-dispensary_c.php

"This isn't something we're looking at as a test case, something to throw against the wall to see if it sticks," he says. "It's something where we believe the court is almost compelled to come down on our side because of the constitutional issues at stake."

Although the CannaMart matter is unique to Colorado, Hoban notes that similar issues have cropped up in California. However, he continues, "those cases haven't been decided on the grounds of zoning or land use" -- areas in which he specializes.

Another difference: "Colorado's medical-marijuana law is constitutional, and those constitutional rights extend to property interests -- not just the actual property these people leased for a number of years, but there's a vested property right from the amendment in the possession of marijuana and anything that's tangentially related to the supply of medical marijuana."

These are hardly the only topics of contention.

"To me, there are four particularly important points," Hoban says. "Number one, you've got the city trying to enforce federal law. That was the basis for this ban, and local governments and even state courts cannot enforce federal law. So that cannot be the basis for putting this dispensary out of Centennial altogether."

Secondly, "the closure order was issued without any due process whatsoever. A cease-and-decist order was sent four to six weeks after the dispensary opened that said, 'Shut down,' despite the fact that the business had been issued a business license/sales-tax license by the City of Centennial."

Moreover, Hoban continues, "the city is expected to rely on home-rule power -- but they've waived that power by making this a matter of state or federal concern by relying on federal law."

And finally, "You can't ban an otherwise lawful use in a city entirely. This goes back to a number of strip-club cases and head-shop-type cases, where you do have to provide a place for those types of businesses to exist. You can't jut ban them entirely -- especially in this case, where you're talking about a constitutional right. That's going to be looked on by the court with pretty high scrutiny."

In Hoban's view, "It doesn't matter whether the politics in a city lean to the left or to the right. This is a constitutional right, and you're talking about patients. So if you're thinking this is about something other than supplying medical marijuana to patients, you're missing the boat. And I think that's what the city is doing."

 

[Surrender]

update: Victory for medical pot?

Advocates hail Centennial position change on med marijuana
Gene Davis, DDN Staff Writer
Thursday, December 24, 2009





In what medical marijuana advocates have called a landmark case for Colorado, the City of Centennial yesterday said that medical marijuana would be legal within the municipality in certain circumstances.

Lawyers for the city said that medical marijuana can be transported in a vehicle through Centennial, patients and caregivers can grow it in limited capabilities, and medical marijuana can be delivered to legal patients. According to medical marijuana lawyer Jessica Peck-Corry, the City of Centennial had previously said that medical marijuana was prohibited in any form or use because it violated federal law.

“At minimum, we know that patients in Centennial can rest easy tonight knowing that the city is saying they will not go after them for lawful uses in their own home,” she said. “It’s definitely a step in the right direction.”

In October the City of Centennial revoked the business license of CannaMart after learning that the business was a medical marijuana dispensary. In turn, two caregivers and three patients from the dispensary sued the city in hopes of having the decision overturned. Experts believe that the case could prove a landmark decision on whether cities can use home rule authority to ban dispensaries from operating within city limits, even though voters approved the use of medical marijuana by seriously ill patients in 2000.

Although a judge was supposed to issue a final oral ruling on the case yesterday, a large amount of evidence and arguments caused the ruling to be postponed until Dec. 30.

Robert Widner, the attorney representing the City of Centennial in the case, said he is not able to discuss the specifics of the case until it’s completed. However, in Friday’s initial hearing, lawyers for the City of Centennial said that cities could ban dispensaries because they violate federal law. Additionally, the city lawyers said that CannaMart lied on its application for a business license.

Peck-Corry said that the City of Centennial lawyers changed their case yesterday to focus more on zoning issues, arguing that CannaMart was located on land specifically reserved for general business use. Restaurants and pharmacies are not allowed within that zoning classification.

Peck-Corry believes the city’s argument was invalid because Colorado Attorney General John Suthers has previously said that a medical marijuana dispensary shouldn’t be classified as a pharmacy.

“In essence, I think they are saying they wont allow dispensaries with a store front, but they will allow dispensaries to deliver within municipal limits,” she said.

Medical marijuana user and CannaMart patient Shannon Mosher said he was happy with yesterday’s court proceedings. Although CannaMart was only open several weeks, Mosher, who suffers from ankylosing spondylitis, said he had already started feeling at home at the location.

He uses medical marijuana to treat the chronic pain that derives from a genetic disease that breaks down tissue and infuses it with bone. He said that the CannaMart owners went out of their way to discount the marijuana for him, picked him up when he needed a ride, and kept track of his symptoms.

“These guys were very compassionate and took extra time to learn about my disease,” he said.

Mosher was less impressed when he went to check out other dispensaries after CannaMart was shut down on Oct. 19. The other dispensaries made him feel uncomfortable because they were more impersonal, had more patients and didn’t have visible security measures, he said. Additionally, they are further away from him than CannaMart, which provides a problem since he is handicapped and doesn’t have a car.

Mosher and Peck-Corry are both hopeful that the judge will rule in their favor next week.

“We feel very strongly that the city can not prohibit constitutionally protected uses,” said Peck-Corry. “We are very optimistic going into next week. That being said, you never know with litigation.”

 

[Surrender]

some good news finally!

Judge orders city to allow medical marijuana dispensary

CENTENNIAL - A marijuana dispensary in Centennial is allowed to reopen its doors and resume serving medicinal cannabis to its patients while it fights a city ban, a judge ruled on Wednesday.

"The court cannot shut down CannaMart by using federal law as a basis," Arapahoe County District Judge Christopher Cross said Wednesday.

Cross' ruling settled a dispute between the city and the medical pot shop after the city shut down the dispensary last fall after only a few weeks in business. CannaMart sued, saying it was a legal business and that cities cannot ban all marijuana dispensaries.

Cross granted a temporary injunction to allow the dispensary to continue to operate while it fights Centennial's ban against medical pot dispensaries.

"No one knows what the law is until the Supreme Court gives such a ruling," Cross said. "All I'm doing is giving my interpretation."

The lawsuit dragged on for two weeks, and the judge said last week he would need more time to consider the case. Several cities across Colorado were watching to see whether it is permissible for them to ban all marijuana shops, or whether the state constitution means cities have to allow at least some dispensaries.

"There was no easy answer in this case," Cross said. "There were a lot of contradictions in this case."

Cross was referring to a federal law making it illegal and State Amendment 20 that legalizes marijuana for medical purposes in Colorado.

Zoning laws, however, may play a role in the case, since the current site where CannaMart operates is not zoned for a pharmacy. A city lawyer says he plans to consult with the city council regarding the matter.

The owner of CannaMart says he's not sure yet when he'll reopen his dispensary - or where.

Both sides are due to meet with a judge on Jan. 28 at 1:30 p.m. to decide on when to hold a trial.

Centennial had best offer to settle now before it gets really expensive.