Pubdate: Wed, 23 Jun 2010 Source: Highlands Ranch Herald (CO) Copyright: 2010 Highlands Ranch Herald Contact: http://coloradocommunitynewspapers.com/highlands_ranch_herald/front/ Details: http://www.mapinc.org/media/5155 Author: Jeremy Bangs MARIJUANA DEBATE NOT CLOSE TO OVER 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. Jeremy Bangs is the managing editor of Colorado Community Newspapers. - --- MAP posted-by: Jo-D