Pubdate: Tue, 25 May 2010 Source: Denver Daily News (CO) Copyright: 2010 Denver Daily News Contact: http://www.thedenverdailynews.com Details: http://www.mapinc.org/media/4274 Author: Gene Davis MED POT DISPENSARY BANS Aurora City Council To Ask Voters, Denver City Council In No Rush While some Colorado municipalities are wasting no time in trying to ban medical marijuana dispensaries from operating within city limits, Denver is in no hurry to follow suit, according to several Denver City Council members interviewed yesterday. The Aurora City Council announced over the weekend that it would let voters decide whether they want to allow medical marijuana dispensaries to operate within city limits. Giving local municipalities the power to ban medical marijuana dispensaries was one of the most controversial parts of House Bill 1284, the comprehensive medical marijuana regulatory bill that was approved by lawmakers and has been sent to Gov. Bill Ritter for a signature. Meanwhile, a group of 10 medical marijuana attorneys met yesterday at an event sponsored by the Cannabis Therapy Institute to in part discuss possible ways that they could block local municipalities from banning dispensaries. "These dispensaries areEalmost always the most cost effective, safest and most transparent vehicle for patients to be able to obtain their constitutionally protected medicine," said Jessica Corry, an attorney who was a member on yesterday's panel and is part of a group of lawyers looking to challenge HB 1284 in court. Denver City Councilwoman Jeanne Faatz said she wants to wait until any possible lawsuits against the local medical marijuana ban are out of the way until city council even considers bringing a measure to the ballot that would let voters weigh in on banning medical marijuana dispensaries from Denver. "I know that there are strong objections about being able to ban it, and I'm not anxious for us to have us spend our dollars litigating it at this point," she said. "But once it has been clear whether we can, I've never minded reaffirming things with the voters." But Denver City Councilman Doug Linkhart doesn't support taking the issue to the voters because he believes Denverites have been pretty clear that they not only support medical marijuana, but also are in favor of legalizing marijuana for all adults. In 2006, Denverites voted 55.5 percent in favor of legalizing marijuana. The statewide measure, however, was killed after Coloradans overall rejected the initiative on a 60-40-percent vote. Mason Tvert of SAFER said support for legalizing, taxing and regulating marijuana has only increased in Denver and Colorado since his group got the measure on the 2006 ballot. A Rasmussen poll issued this month found that 49 percent of the state's voters now favor legalizing marijuana for adults, and Tvert said his polls show that 68 percent of Denverites now want to legalize, tax and regulate the drug. However, Denver City Council President Jeanne Robb said she has started to hear from constituents who are concerned about the proliferation of medical marijuana dispensaries. Robb yesterday was undecided on whether she supports letting voters decide on allowing dispensaries in Denver. Potential lawsuit HB 1284 would create a medical marijuana licensing authority within the Department of Revenue. Along with allowing local municipalities to ban dispensaries, the bill would require people opening a medical marijuana center to be a Colorado resident for two years and only allow caregivers to provide marijuana to five patients or less. Corry's law firm, her husband, Robert's, law firm and several activist groups like Sensible Colorado are currently figuring out how to challenge the bill in the court of law. Possible approaches would be to file multiple lawsuits, filing a lawsuit in federal court or state court, she said. HB 1284 co-sponsor Sen. Chris Romer, D-Denver, said earlier this month that he was confident the measure was constitutional and would survive a challenge in court. Ritter is expected to sign the measure into law by next month. - --- MAP posted-by: Jo-D