Colorado - The possession and consumption of medical marijuana is permitted by Centennial's Land Development Code in almost every circumstance, except for retail settings, the city's attorney testified Wednesday in Arapahoe County District Court.
In the second day of a preliminary- injunction hearing about whether Centennial violated the state constitution when it shut down CannaMart on Oct. 19, city attorney Andrew Nathan read the judicial admissions, or exceptions, to the land-use rule he cited in a cease-and-desist letter sent to CannaMart a few days before.
CannaMart, which was operating in an office park at 8006 E. Arapahoe Road, was told it would be fined $1,000 per day if it did not shut down immediately, which it did. The letter cited federal law that prohibits the sale, use and possession of any amount of marijuana. It also said medicinal-marijuana dispensaries are not permitted in the city.
But on Wednesday, Nathan noted that under the same set of rules cited in the letter — the land-development code — medical marijuana may be consumed or possessed in certain circumstances. They include personal consumption of medical pot in a private home or vehicle; commercial retail delivery of medical marijuana within Centennial's boundaries; and production or growing of medical pot in a private residence within city limits by a licensed patient.
Attorney Rob Corry, who represents CannaMart and three of its customers with state medical-marijuana licenses, said he was surprised by the judicial admissions, which he said directly contradicted the cease- and-desist letter. Still, he said, the exceptions didn't get to the core of the issue being considered in the hearing: banning dispensaries within Centennial city limits.
Arapahoe County District Judge Christopher Cross said he will spend the Christmas weekend mulling the case law, testimony and arguments presented during the two-day hearing, then issue an oral ruling Dec. 30 about whether the city of Centennial's shut-down order was legal. If an injunction is granted, it will have only a temporary effect, until the case goes to trial, which could take two years, Corry said. Corry is attempting to keep the dispensary open during the trial.
Medical marijuana is permitted under Amendment 20 to the state's constitution but is banned under federal law.
Nathan tried arguing a second point, that the dispensary also violated the city's zoning laws that restrict retail sales in that particular office park. But Cross said neither the cease-and-desist letter nor the submitted exhibits made any mention of zoning-law violations. Cross said he will have to decide if that issue was relevant to the hearing.
Nathan also said the city was not enforcing federal law by including it in the cease-and-desist letter but was merely referring to federal law that bans the use of marijuana for any reason.
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Denver Post
Author: Mike McPhee
Contact: Home - The Denver Post
Copyright: 2009 The Denver Post
Website:Centennial's attorney says medical pot is allowed in most cases, except for retail settings
In the second day of a preliminary- injunction hearing about whether Centennial violated the state constitution when it shut down CannaMart on Oct. 19, city attorney Andrew Nathan read the judicial admissions, or exceptions, to the land-use rule he cited in a cease-and-desist letter sent to CannaMart a few days before.
CannaMart, which was operating in an office park at 8006 E. Arapahoe Road, was told it would be fined $1,000 per day if it did not shut down immediately, which it did. The letter cited federal law that prohibits the sale, use and possession of any amount of marijuana. It also said medicinal-marijuana dispensaries are not permitted in the city.
But on Wednesday, Nathan noted that under the same set of rules cited in the letter — the land-development code — medical marijuana may be consumed or possessed in certain circumstances. They include personal consumption of medical pot in a private home or vehicle; commercial retail delivery of medical marijuana within Centennial's boundaries; and production or growing of medical pot in a private residence within city limits by a licensed patient.
Attorney Rob Corry, who represents CannaMart and three of its customers with state medical-marijuana licenses, said he was surprised by the judicial admissions, which he said directly contradicted the cease- and-desist letter. Still, he said, the exceptions didn't get to the core of the issue being considered in the hearing: banning dispensaries within Centennial city limits.
Arapahoe County District Judge Christopher Cross said he will spend the Christmas weekend mulling the case law, testimony and arguments presented during the two-day hearing, then issue an oral ruling Dec. 30 about whether the city of Centennial's shut-down order was legal. If an injunction is granted, it will have only a temporary effect, until the case goes to trial, which could take two years, Corry said. Corry is attempting to keep the dispensary open during the trial.
Medical marijuana is permitted under Amendment 20 to the state's constitution but is banned under federal law.
Nathan tried arguing a second point, that the dispensary also violated the city's zoning laws that restrict retail sales in that particular office park. But Cross said neither the cease-and-desist letter nor the submitted exhibits made any mention of zoning-law violations. Cross said he will have to decide if that issue was relevant to the hearing.
Nathan also said the city was not enforcing federal law by including it in the cease-and-desist letter but was merely referring to federal law that bans the use of marijuana for any reason.
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Denver Post
Author: Mike McPhee
Contact: Home - The Denver Post
Copyright: 2009 The Denver Post
Website:Centennial's attorney says medical pot is allowed in most cases, except for retail settings
