Tuesday, August 10, 2010

First legal challenge to HB 1284

Posted By on Tue, Aug 10, 2010 at 5:18 PM

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In the first challenge to a municipality's House Bill 1284-given right to ban dispensaries within its jurisdiction, Westminster medical marijuana center Herbal Remedies is suing the city for shutting down it and other like-minded businesses.

Herbal Remedies' attorney Sean McAllister explains in a release:

“This is a blatant violation of the state constitution. Westminster wants to create medical marijuana apartheid — where medical marijuana dispensaries are allowed in some communities and banned in others," the attorney says. Patients in every community in Colorado deserve access to their medicine, not just in Denver or Boulder. This ban is particularly outrageous given that a majority of Adams County voters approved of the state medical marijuana initiative in 2000. Westminster’s ban is contrary to the will of its residents and illegal under state law. This case is a simple matter of enforcing our constitution. Medical marijuana is a patient’s right, not a local option.”

Colorado Springs Rep. Mark Waller, who described himself as a "reluctant expert" on the bill, has said in previous conversations with the Indy that he expects the "local option" of the bill to withstand legal scrutiny. He likened it to how counties are allowed to ban liquor sales, though they're OK'ed in the U.S. Constitution.

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