Pubdate: Fri, 10 Feb 2012
Source: Fort Collins Coloradoan (CO)
Copyright: 2012 The Fort Collins Coloradoan
Contact: http://www.coloradoan.com/customerservice/contactus.html
Website: http://www.coloradoan.com/
Details: http://www.mapinc.org/media/1580
Author: Kevin Duggan

JUDGE REFUSES MMJ RESTRAINING ORDER

Dispensaries order closed in Fort Collins by Tuesday

Valentine's Day will be bitter for medical marijuana businesses in
Fort Collins.

District Court Judge Thomas French on Thursday denied a request from
local marijuana businesses for a temporary restraining order on the
enforcement of a voter-approved ban on marijuana dispensaries and
growing operations.

French said the businesses failed to demonstrate that their
constitutional rights were violated by the ban, as they claimed in a
lawsuit, or that they would suffer irreparable harm through the city's
enforcement of the ban.

They would lose money through the forced closure, French said, but
case law demonstrates that "loss of money is not irreparable injury."

The judge also ruled the ordinance's language meets the requirement of
state law, which allows cities to ban medical marijuana businesses
through an election.

"I think the people have spoken on that particular issue," French
said.

The ruling means the businesses will have to close and remove all
marijuana plants and products from storefronts and grow operations by
midnight Tuesday. Any marijuana that is found by police during closing
inspections will be seized and destroyed.

Michelle Tucker, owner of Medicinal Garden of Colorado, said the
ruling hurts her family as well as her business.

Business owners invested thousands of dollars into their operations
under the belief what they were doing was legal and acceptable, she
said.

"It's a sad, sad day," Tucker said outside the courtroom. "Business
isn't fair, and this business is unlike any I've ever been in."

Tucker said she will comply with the city's law and shut down. She
plans to move the business to the Denver area, where dispensaries are
still allowed. But even that carries risk given the political and
legal climate, she said.

"I just wish that people would make a decision about whether they want
this or not and stop messing around in the middle," she said.

The owners claimed the city's ban, which voters approved in November,
violated the Colorado Constitution and impinged on their rights of
free speech and association.

Defendants in the case included the city of Fort Collins, the Colorado
Department of Revenue, Larimer County Sheriff Justin Smith, and
District Attorney Larry Abrahamson.

The daylong hearing included testimony from the six owners involved
with the lawsuit. The owners said they followed state and local
regulations and paid substantial fees for licenses to operate.

Dave Schwaab, owner of Abundant Healing, said he invested more than
$60,000 to meet the city's requirements for the businesses.

Attorneys for the city and state pointed out the owners went into
business knowing the dispensaries were illegal under federal law.

The owner's attorney, Brett Barney of Denver, subpoenaed leaders of
Concerned Fort Collins Citizens, which put the ban on the ballot and
campaigned for its passage, to question them about the ordinance.

But French ruled the involvement of Bob Powell, former mayor Ray
Martinez and Scoot Crandall, executive director of the substance-abuse
prevention organization TEAM Fort Collins, as private citizens was not
relevant to the case.
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