Pubdate: Fri, 28 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

DISCRIMINATION GONE TO POT?

MMJ Community, Supporters Rally Against Alleged Unfair
Treatment

Although it is the fastest growing industry in  Colorado, many in the
medical marijuana community  believe they are being unfairly
discriminated against.

Last Saturday, a medical-marijuana cardholder's "Yes We  Cannabis"
T-shirt featuring a marijuana leaf led to him  being detained and
given a one-year ban from the Town  Center at Aurora. Meanwhile, Rep.
Jared Polis, D-Colo.,  was one of 15 lawmakers who sent a letter to
Timothy  Geithner, Secretary of the Department of Treasury, this  week
urging him to assure banks that his department is  not looking to go
after financial institutions involved  with a medical marijuana
business that's in compliance  with the law.

Jessica Corry, a medical-marijuana attorney who is  representing John
Gailey, who received the 12-month  "ban" from the Town Center at
Aurora, believes medical  marijuana has been a benefit for Colorado
and shouldn't  be discriminated against.

"Colorado's medical-marijuana boom has resulted in  thousands of jobs
not just for caregivers, but also for  accountants, marketing
specialists, electricians,  plumbers, and a multitude of other
industries," she  said. "During these tough economic times, medical
marijuana has brought in $3 million to the state's  coffers. People
don't have to believe in medical  marijuana to realize its larger
positive impact on our  state."

Corry finds it outrageous that Gailey was detained and  banned from
the mall for wearing a shirt that contained  no "profanity, nudity, or
references to more-dangerous  drugs, such as Coors." She pointed out
that during the  same week Aurora Police was fighting 5-percent pay
cuts, three officers "had enough time on their hands to  arrest a
law-abiding customer."

"This is another example of how out of touch the elite  are with the
views of ordinary Coloradans," she said.  "With the state's medical
marijuana patient count now  estimated at nearly 130,000, the people
are speaking.  And for those who don't support medical marijuana, they
  are still saying they support saving billions of  dollars each year
by bringing our government's  continued war against marijuana to an
end."

Aurora Police Department Spokesman Bob Friel said  police officers
arrested Gailey after they got a call  from mall security that he was
causing a disturbance at  the mall. Friel said they arrested Gailey
because of  the commotion he was causing at the mall, not because  of
his shirt.

Town Center at Aurora General Manager Aj Coffee added  that Gailey was
asked to leave because he became  "excessively loud and belligerent
and repeatedly  shouted obscenities at our staff" after being
"politely  asked" to turn his shirt inside out in an "effort to
uniformly apply to our code of conduct that states  appropriate and
non-offensive attire must be worn at  all times."

Corry says litigation will be avoided if the Aurora  Police and Mall
Security by today apologize in writing  to Gailey, completely rescind
any "ban" on Gailey's  presence at the mall, and confirm that
marijuana-themed  T-shirts are always acceptable at the mall.

Friel could not comment on whether the police  department would comply
with Corry's requests.

Banks

At the same time Corry is trying to take on Aurora  police and a mall,
Polis is helping lead the fight  against possible financial
discrimination against  medical marijuana businesses. Polis helped
spearhead  the letter to Geithner asking his office to issue  formal
written guidance for financial institutions that  it's not a priority
to target banks that are involved  with legally operating medical
marijuana businesses.

"In attempts to comply with the policy articulated by  Attorney
General Suthers, many medical marijuana  dispensaries have opened or
maintained accounts with  major national banking institutions or local
banks,"  says the letter to Geithner signed by Polis and other
lawmakers. "However, dispensary operators are finding  it increasingly
difficult to maintain accounts with  financial institutions, due to
what a spokesman for  Chase bank called, 'financial operational and
compliance risk.'"

For her part, Corry said that banks have been getting  better at
working with people in the medical marijuana  industry.

"Six months ago, we saw a lot of banks denying our  clients access to
checking accounts or loans," she  said. "This is changing as banks
gain a better  understanding of the emerging legal framework
surrounding this industry." 
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