Pubdate: Wed, 23 Jun 2010
Source: News Press, The (CO)
Copyright: 2010 coloradocommunitynewspapers.com
Contact:  http://www.coloradocommunitynewspapers.com/news_press/front/
Details: http://www.mapinc.org/media/5007
Author: Jeremy Bangs

MARIJUANA DEBATE WON'T END SOON

Now that we're midway through the year of medical  marijuana, have we
gotten any closer to answering the  key question: Which law do we
follow concerning medical  marijuana? State? Local? Federal?

I don't think we have.

It was the question asked when the City of Centennial  cited federal
law in closing CannaMart. The shop was  granted an injunction despite
zoning issues that kept  it closed and is still awaiting trial
(anticipated to  begin in March of 2011) to settle the matter.

Since CannaMart closed, an entire legislative session  has passed us
by. It produced House Bill 1284 and  Senate Bill 109, which Gov.
Ritter signed into law and  are due to take full effect July 1, 2011.
Among the  provisions of these bills are the rights granted to  cities
and other local governments to decide whether or  not to allow medical
marijuana dispensaries. That would  appear to answer the question, but
it doesn't.

By the time you read this, Douglas County Commissioners  will have
decided whether or not to exercise this  provision by asking voters on
November's ballot if  dispensaries will be allowed in the county.

Let's say Douglas County residents do face this  question and we'll
fast-forward to November and say  voters say they don't want medical
marijuana  dispensaries in Douglas County. Would this vote answer  the
question of who has jurisdiction over allowing or  not allowing medial
marijuana dispensaries in this town  or that one?

We asked Jessica Corry, an attorney with Hoban and  Feola, which is
taking the lead on defending medical  marijuana dispensaries.

"Our concern is if there is a large county restricting  or attempting
to restrict access," she said. "Should  voters approve a ban in
November, we would have serious  concerns about how such a decision
would  unconstitutionally restrict patient access to medical  marijuana."

It's a valid point

Even though I think local government should have the  final say about
medical marijuana dispensaries being  allowed in their communities,
that's the topic of  another column and simply one more opinion heaped
on an  issue that has more opinions that it can use right now.

Until we have significant court decisions that provide  some clarity
to contradictions in the law and new laws  regulating medical
marijuana are tested, medical  marijuana will be an open issue in
Castle Rock, in  Littleton (where Mayor Doug Clark has spoken in favor
  of asking Littleton voters the same basic question  Douglas County
discussed this week) and everywhere else  in the state.

We're the better part of a year away from that case  going to trial
and it's doubtful that case, which  predates HB 1284 and SB 109 and is
anticipated to be  heard before those laws go into effect, will even
test  new medical marijuana regulations.

This brings me back to my question at the beginning of  this column:
Which law at which level of government  drives the agenda of medical
marijuana? I still don't  know for sure.

If you think any of these ballot questions or new  regulations are
going to bring the medical marijuana  debate to a close, think again.
We're a long, long way  from this issue being decided. 
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MAP posted-by: Jo-D