Thursday, October 7, 2010

MMJ attorney: County question is 'unlawful'

Posted By on Thu, Oct 7, 2010 at 4:54 PM

As a follow-up to our note in this week's "CannaBiz", here's an excerpt from Westword's conversation with Denver attorney Jessica Corry, who's a part of legal the team suing El Paso County in an attempt to remove the medical marijuana center ban question from the November ballot.

We are asking for DEC and injunctive relief to prevent it from being put to voters, as doing such is unlawful. ...

Putting the issue on the ballot is improper because under [House Bill] 1284, a county or other local government can ban (which has its own constitutional issues being challenged in various jurisdictions around the state) or a county can regulate. 1284 does not allow for a county to regulate and then ban, which is what is being attempted here. On its face, this may sound like a technical question, but the distinction has very serious, real-world implications.

Honest, law-abiding business owners reasonably relied on standards as put forth by the county, and are now facing the prospect that they will be punished for such by having their businesses shut down.

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