Pubdate: Tue, 25 May 2010
Source: Denver Daily News (CO)
Copyright: 2010 Denver Daily News
Contact:  http://www.thedenverdailynews.com
Details: http://www.mapinc.org/media/4274
Author: Gene Davis

MED POT DISPENSARY BANS

Aurora City Council To Ask Voters, Denver City Council  In No
Rush

While some Colorado municipalities are wasting no time  in trying to
ban medical marijuana dispensaries from  operating within city limits,
Denver is in no hurry to  follow suit, according to several Denver
City Council  members interviewed yesterday.

The Aurora City Council announced over the weekend that  it would let
voters decide whether they want to allow  medical marijuana
dispensaries to operate within city  limits. Giving local
municipalities the power to ban  medical marijuana dispensaries was
one of the most  controversial parts of House Bill 1284, the
comprehensive medical marijuana regulatory bill that  was approved by
lawmakers and has been sent to Gov.  Bill Ritter for a signature.

Meanwhile, a group of 10 medical marijuana attorneys  met yesterday at
an event sponsored by the Cannabis  Therapy Institute to in part
discuss possible ways that  they could block local municipalities from
banning  dispensaries.

"These dispensaries areEalmost always the most cost  effective, safest
and most transparent vehicle for  patients to be able to obtain their
constitutionally  protected medicine," said Jessica Corry, an attorney
  who was a member on yesterday's panel and is part of a  group of
lawyers looking to challenge HB 1284 in court.

Denver City Councilwoman Jeanne Faatz said she wants to  wait until
any possible lawsuits against the local  medical marijuana ban are out
of the way until city  council even considers bringing a measure to
the ballot  that would let voters weigh in on banning medical
marijuana dispensaries from Denver.

"I know that there are strong objections about being  able to ban it,
and I'm not anxious for us to have us  spend our dollars litigating it
at this point," she  said. "But once it has been clear whether we can,
I've  never minded reaffirming things with the voters."

But Denver City Councilman Doug Linkhart doesn't  support taking the
issue to the voters because he  believes Denverites have been pretty
clear that they  not only support medical marijuana, but also are in
favor of legalizing marijuana for all adults. In 2006,  Denverites
voted 55.5 percent in favor of legalizing  marijuana. The statewide
measure, however, was killed  after Coloradans overall rejected the
initiative on a  60-40-percent vote.

Mason Tvert of SAFER said support for legalizing,  taxing and
regulating marijuana has only increased in  Denver and Colorado since
his group got the measure on  the 2006 ballot. A Rasmussen poll issued
this month  found that 49 percent of the state's voters now favor
legalizing marijuana for adults, and Tvert said his  polls show that
68 percent of Denverites now want to  legalize, tax and regulate the
drug.

However, Denver City Council President Jeanne Robb said  she has
started to hear from constituents who are  concerned about the
proliferation of medical marijuana  dispensaries. Robb yesterday was
undecided on whether  she supports letting voters decide on allowing
dispensaries in Denver.

Potential lawsuit

HB 1284 would create a medical marijuana licensing  authority within
the Department of Revenue. Along with  allowing local municipalities
to ban dispensaries, the  bill would require people opening a medical
marijuana  center to be a Colorado resident for two years and only
allow caregivers to provide marijuana to five patients  or less.

Corry's law firm, her husband, Robert's, law firm and  several
activist groups like Sensible Colorado are  currently figuring out how
to challenge the bill in the  court of law. Possible approaches would
be to file  multiple lawsuits, filing a lawsuit in federal court or
state court, she said.

HB 1284 co-sponsor Sen. Chris Romer, D-Denver, said  earlier this
month that he was confident the measure  was constitutional and would
survive a challenge in  court. Ritter is expected to sign the measure
into law  by next month. 
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