Pubdate: Sat, 29 May 2010
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2010 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Barry Noreen

POT LAW OUT OF JOINT, COURTS WILL CLEAR THE AIR

In the wake of the Colorado Legislature's action on  medicinal
marijuana, everything remains as hazy as a  frat house circa 1978.

Gov. Bill Ritter has not yet signed HB1284, which  codifies sharp
limits on the constitutional right  created in 2000. No one thinks
Ritter will veto the  bill.

Whether the law will ever be allowed to take effect is  another matter
entirely.

A coalition of about a dozen attorneys has been meeting  regularly to
plot strategy. While the coalition hasn't  settled on when it will
act, "we definitely will file  for an injunction," Denver attorney
Jessica Corry said.

Although various members of the group have differing  objections to
the soon-to-be state law, there is  general agreement about
challenging the measure's  constitutionality based upon provisions
that would:

* require owners of medicinal marijuana dispensaries to  be Colorado
residents.

* limit caregivers to five patients each.

* allow local governments to hold opt-out elections so  medicinal
marijuana dispensaries can be banned.

If you think there's no way a court would block HB1284  from becoming
law, consider that it's exactly what  happened in 1992, when Colorado
voters approved a  measure allowing discrimination against gays. A
state  district court granted a motion for an injunction  preventing
the measure from going into effect. The  Colorado Supreme Court and
the U.S. Supreme Court later  agreed.

In 2003, the Legislature passed a bill requiring  students to recite
the Pledge of Allegiance. The  American Civil Liberties Union was
granted an  injunction in federal court and that law never took
effect, either.

The lesson, and city councils everywhere should heed  it, is that just
because the Legislature says it's  legal doesn't mean it is.

Rep. Mike Merrifield, D-Colorado Springs, said he voted  against
HB1284 largely because of the provision for the  local opt-out
elections. A cancer survivor who knows  first-hand about the drug's
benefits, Merrifield says  it would be wrong to force patients to go
to another  city for a medication sanctioned by the state
constitution.

Fourth Judicial District Attorney Dan May said the  opt-out election
provision "is constitutional." Beyond  that, he said, there are
marijuana dealers posing as  medicinal dispensaries and "I enforce the
laws of  Colorado."

Regardless of whether a court rules against HB1284,  criminal laws
will still apply.

Colorado Springs City Councilman Sean Paige who has led  the city's
move toward establishing rules for  dispensaries, said "There will be
cases where people  are going to be abusing the law, but that argues
for  getting rules in place."

That's wise - especially if a court throws out HB1284. 
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