Pubdate: Fri, 28 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 DISCRIMINATION GONE TO POT? MMJ Community, Supporters Rally Against Alleged Unfair Treatment Although it is the fastest growing industry in Colorado, many in the medical marijuana community believe they are being unfairly discriminated against. Last Saturday, a medical-marijuana cardholder's "Yes We Cannabis" T-shirt featuring a marijuana leaf led to him being detained and given a one-year ban from the Town Center at Aurora. Meanwhile, Rep. Jared Polis, D-Colo., was one of 15 lawmakers who sent a letter to Timothy Geithner, Secretary of the Department of Treasury, this week urging him to assure banks that his department is not looking to go after financial institutions involved with a medical marijuana business that's in compliance with the law. Jessica Corry, a medical-marijuana attorney who is representing John Gailey, who received the 12-month "ban" from the Town Center at Aurora, believes medical marijuana has been a benefit for Colorado and shouldn't be discriminated against. "Colorado's medical-marijuana boom has resulted in thousands of jobs not just for caregivers, but also for accountants, marketing specialists, electricians, plumbers, and a multitude of other industries," she said. "During these tough economic times, medical marijuana has brought in $3 million to the state's coffers. People don't have to believe in medical marijuana to realize its larger positive impact on our state." Corry finds it outrageous that Gailey was detained and banned from the mall for wearing a shirt that contained no "profanity, nudity, or references to more-dangerous drugs, such as Coors." She pointed out that during the same week Aurora Police was fighting 5-percent pay cuts, three officers "had enough time on their hands to arrest a law-abiding customer." "This is another example of how out of touch the elite are with the views of ordinary Coloradans," she said. "With the state's medical marijuana patient count now estimated at nearly 130,000, the people are speaking. And for those who don't support medical marijuana, they are still saying they support saving billions of dollars each year by bringing our government's continued war against marijuana to an end." Aurora Police Department Spokesman Bob Friel said police officers arrested Gailey after they got a call from mall security that he was causing a disturbance at the mall. Friel said they arrested Gailey because of the commotion he was causing at the mall, not because of his shirt. Town Center at Aurora General Manager Aj Coffee added that Gailey was asked to leave because he became "excessively loud and belligerent and repeatedly shouted obscenities at our staff" after being "politely asked" to turn his shirt inside out in an "effort to uniformly apply to our code of conduct that states appropriate and non-offensive attire must be worn at all times." Corry says litigation will be avoided if the Aurora Police and Mall Security by today apologize in writing to Gailey, completely rescind any "ban" on Gailey's presence at the mall, and confirm that marijuana-themed T-shirts are always acceptable at the mall. Friel could not comment on whether the police department would comply with Corry's requests. Banks At the same time Corry is trying to take on Aurora police and a mall, Polis is helping lead the fight against possible financial discrimination against medical marijuana businesses. Polis helped spearhead the letter to Geithner asking his office to issue formal written guidance for financial institutions that it's not a priority to target banks that are involved with legally operating medical marijuana businesses. "In attempts to comply with the policy articulated by Attorney General Suthers, many medical marijuana dispensaries have opened or maintained accounts with major national banking institutions or local banks," says the letter to Geithner signed by Polis and other lawmakers. "However, dispensary operators are finding it increasingly difficult to maintain accounts with financial institutions, due to what a spokesman for Chase bank called, 'financial operational and compliance risk.'" For her part, Corry said that banks have been getting better at working with people in the medical marijuana industry. "Six months ago, we saw a lot of banks denying our clients access to checking accounts or loans," she said. "This is changing as banks gain a better understanding of the emerging legal framework surrounding this industry." - --- MAP posted-by: Jo-D