Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
A lawsuit filed last week against the city of Centennial for shutting down a medical marijuana dispensary there could have lasting effects on cities like Aurora that have barred dispensaries, the lawyer representing the Centennial marijuana patients said this week.
The suit, filed last week in Arapahoe County District Court, argues that Centennial erred when the city forced a medical marijuana dispensary, Cannamart, to close its doors in October.
There is a stark difference between the Centennial case and Aurora's handling of dispensaries. Centennial allowed a dispensary to open and even collected sales tax from the dispensary before ordering it closed. In Aurora, officials have simply denied business licenses for all dispensaries and last month city council passed a moratorium on any future dispensary applications.
Robert Hoban, who is representing Cannamart and some of the patients who bought marijuana there in the Centennial suit, said while the two cities differ in the way they have dealt with medicinal marijuana, the suit could impact Aurora.
Both sides of the medical marijuana debate have said in recent months that the issue will likely be worked out in the courts and legislatures in the coming months and years.
State Sen. Chris Romer, D-Denver, said this week he planned to introduce legislation next year to regulate marijuana dispensaries, according to various media reports.
Hoban said he expects legislation to address some aspects of the issue, but when it comes to what cities can do in terms of zoning regulations they place on dispensaries, the Centennial lawsuit could provide important direction for cities.
"I'm not so sure that piece of legislation is going to address the specific issue and that is the land use or the zoning portion of it," he said. "I think ultimately the land use or the regulation side of this is going to have to be addressed city by city or through the outcome of this particular lawsuit."
Aurora City Attorney Charlie Richardson is out of town this week and a lawyer at his office declined to comment on the issue. But, in recent months, city officials have said they plan to monitor medical marijuana court cases and legislation closely, looking for some direction on the issue.
Aurora, like a handful of Colorado municipalities including Greenwood Village, Greeley and Broomfield, has refused to license dispensaries because medical marijuana is still illegal under federal law - even though it has been legal under state law since voters approved Amendment 20 in 2000.
City officials have said any licensed business in the city must be lawful. Because the sale and possession of marijuana is illegal under federal law, city officials say the dispensaries aren't legal and they will continue to bar them from Aurora.
Amendment 20 doesn't address the sale of marijuana and is silent on the topic of dispensaries. The measure only addresses patients and their "caregivers." Under Amendment 20, a patient can pick somebody to be their caregiver. The state's dispensaries generally operate as the caregivers for their customers, which allows them to possess and provide the drug to people with a medical marijuana card.
According to the Colorado Municipal League, cities and towns around the state have approved business licenses for more than 50 dispensaries, though it isn't clear from CML's research how many of those businesses are operating. CML's research did not include Denver, which some people estimate has dozens of dispensaries.
Aurora received its first application for a dispensary in September 2008 from a business called Mile High Compassionate Network. About six weeks later, the city denied the application. Later, the city denied another application from a company called Colorado Cannabis Services and later denied a third application from another business.
According to the CML study, the vast majority of municipalities in the state with dispensaries are collecting sales tax revenue from them.
Hoban said that he has no problem with cities regulating dispensaries, but he doesn't believe it's constitutional for them to ban them outright.
"The bottom line is, cities can regulate it. There is no question that cities can regulate location, they can regulate hours of operation - anything that is reasonable within their boundaries. But what cities cant do is ban the type of biz entirely," he said.
He said he hopes the Centennial lawsuit will prompt cities to regulate the businesses, rather than barring them.
"This will have lasting effects," he said. "Hopefully, it prompts cities to be proactive and impose these regulations themselves."
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Aurora Sentinel (CO)
Copyright: 2009 Aurora Sentinel
Contact: editor@aurorasentinel.com
Website: Aurora Sentinel | News in Aurora, Colorado
Author: Brandon Johansson
The suit, filed last week in Arapahoe County District Court, argues that Centennial erred when the city forced a medical marijuana dispensary, Cannamart, to close its doors in October.
There is a stark difference between the Centennial case and Aurora's handling of dispensaries. Centennial allowed a dispensary to open and even collected sales tax from the dispensary before ordering it closed. In Aurora, officials have simply denied business licenses for all dispensaries and last month city council passed a moratorium on any future dispensary applications.
Robert Hoban, who is representing Cannamart and some of the patients who bought marijuana there in the Centennial suit, said while the two cities differ in the way they have dealt with medicinal marijuana, the suit could impact Aurora.
Both sides of the medical marijuana debate have said in recent months that the issue will likely be worked out in the courts and legislatures in the coming months and years.
State Sen. Chris Romer, D-Denver, said this week he planned to introduce legislation next year to regulate marijuana dispensaries, according to various media reports.
Hoban said he expects legislation to address some aspects of the issue, but when it comes to what cities can do in terms of zoning regulations they place on dispensaries, the Centennial lawsuit could provide important direction for cities.
"I'm not so sure that piece of legislation is going to address the specific issue and that is the land use or the zoning portion of it," he said. "I think ultimately the land use or the regulation side of this is going to have to be addressed city by city or through the outcome of this particular lawsuit."
Aurora City Attorney Charlie Richardson is out of town this week and a lawyer at his office declined to comment on the issue. But, in recent months, city officials have said they plan to monitor medical marijuana court cases and legislation closely, looking for some direction on the issue.
Aurora, like a handful of Colorado municipalities including Greenwood Village, Greeley and Broomfield, has refused to license dispensaries because medical marijuana is still illegal under federal law - even though it has been legal under state law since voters approved Amendment 20 in 2000.
City officials have said any licensed business in the city must be lawful. Because the sale and possession of marijuana is illegal under federal law, city officials say the dispensaries aren't legal and they will continue to bar them from Aurora.
Amendment 20 doesn't address the sale of marijuana and is silent on the topic of dispensaries. The measure only addresses patients and their "caregivers." Under Amendment 20, a patient can pick somebody to be their caregiver. The state's dispensaries generally operate as the caregivers for their customers, which allows them to possess and provide the drug to people with a medical marijuana card.
According to the Colorado Municipal League, cities and towns around the state have approved business licenses for more than 50 dispensaries, though it isn't clear from CML's research how many of those businesses are operating. CML's research did not include Denver, which some people estimate has dozens of dispensaries.
Aurora received its first application for a dispensary in September 2008 from a business called Mile High Compassionate Network. About six weeks later, the city denied the application. Later, the city denied another application from a company called Colorado Cannabis Services and later denied a third application from another business.
According to the CML study, the vast majority of municipalities in the state with dispensaries are collecting sales tax revenue from them.
Hoban said that he has no problem with cities regulating dispensaries, but he doesn't believe it's constitutional for them to ban them outright.
"The bottom line is, cities can regulate it. There is no question that cities can regulate location, they can regulate hours of operation - anything that is reasonable within their boundaries. But what cities cant do is ban the type of biz entirely," he said.
He said he hopes the Centennial lawsuit will prompt cities to regulate the businesses, rather than barring them.
"This will have lasting effects," he said. "Hopefully, it prompts cities to be proactive and impose these regulations themselves."
NewsHawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Aurora Sentinel (CO)
Copyright: 2009 Aurora Sentinel
Contact: editor@aurorasentinel.com
Website: Aurora Sentinel | News in Aurora, Colorado
Author: Brandon Johansson
