Pubdate: Thu, 09 Feb 2012
Source: Rocky Mountain Collegian, The (Colorado State U, CO Edu)
Copyright: 2012 Rocky Mountain Collegian
Contact: http://www.collegian.com/home/lettertotheeditor/
Website: http://www.collegian.com/
Details: http://www.mapinc.org/media/1370
Author: Jason Pohl

MMJ HEADING TO COURT

Dispensary Owners Seeking to Halt Feb. 14 Ban

The voter-backed ordinance, Question 300, gave medical marijuana 
dispensaries a ticking clock upon its approval in November.

But, while Fort Collins MMJ shops have been given until 7 p.m. 
Tuesday to close their doors for good, pot issues still continue to 
ignite passions and split the community in the days leading up to the 
voter-approved dispensary shutdown.

While some have accepted their fate, a group of six MMJ shop owners 
filed for a temporary restraining order last week that would allow 
them to remain open until a formal injunction hearing can be held. If 
the restraining order and injunction were granted, it could halt the 
dispensary shutdown within Fort Collins.

The temporary restraining order hearing will be held at 9 a.m. 
Thursday at the Larimer County Justice Center, 201 LaPorte Ave. in 
Fort Collins.

Dispensary advocates say the Fort Collins ban is a violation of the 
Colorado Constitution and that their rights as business owners have 
been infringed upon, including freedom of speech and property.

"If the government gives you a business license, you should feel 
pretty comfortable investing your business," said one MMJ shop owner 
who asked to remain anonymous due to the pending court case.

Owners also say their very livelihoods are being taken away and argue 
that, when they were approved by the state and city, they understood 
that gave them the go-ahead to invest in their businesses. Those 
investments, they say, can't just be taken back.

Shutting down the dispensaries now "is the equivalent to stealing," 
an owner added. "We will be irreparably harmed."

Those advocating for the ban are maintaining the citizens have 
spoken, and the dispensaries need to be closed in a timely manner.

"I think this is a technical process just to hear what the complaint 
is," said Ray Martinez, a former Fort Collins mayor and leader with 
the Concerned Fort Collins Citizens -- the group that initiated 
Question 300 in November. "They will ultimately be shut down anyway," 
he said, explaining that similar processes are happening throughout 
Denver as the pot crackdown intensifies.

"I'm confident the judge will follow the voter's wishes," he said. "I 
think the worst thing to do in a society is to tell voters their vote 
doesn't count."

Stay with the Collegian for updates on today's hearing and the 
potential Valentine's Day dispensary shutdown.
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MAP posted-by: Jay Bergstrom