Pubdate: Thu, 04 Nov 2010
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2010 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Lance Benzel

LAWSUIT NOW AIMS TO PROTECT AGAINST FUTURE MEDICAL POT BAN ATTEMPTS

A medical marijuana group has no plans to drop a lawsuit against El
Paso County after the narrow defeat of a proposed ban on pot
businesses outside Colorado Springs, an attorney said.

Denver-based attorney Jessica Corry said her clients have asked her to
fight to make sure they will be protected from future attempts to ban
the businesses in unincorporated El Paso County - either from
potential ballot measures or action taken by the commissioners.

"Our analysis is: Will the county do this again?" Corry
said.

The Oct. 4 lawsuit argued that Referendum 1A would violate the rights
of 15 businesses and individuals that set up shop under temporary
land-use regulations approved by El Paso County commissioners in December.

A judge ruled the question could go to voters, who defeated the ban by
331-vote margin in one of several razor-thin decisions Tuesday.

However, the outcome won't be official until the El Paso County Clerk
and Recorder's Office sorts through more than 5,000 provisional
ballots that weren't reflected in Tuesday's results.

The deadline for an official tally is Nov. 19.

A recount will be necessary unless the margin grows significantly as a
result of the provisional ballots, elections officials said. Recounts
are triggered for margins of 0.5 percent or less under Colorado law.
According to unofficial results, the ban failed by a 0.18 percent margin.

El Paso County has allowed medical marijuana dispensaries, grow
operations and manufacturers since adopting temporary-use regulations
in December.

The county will revert to those rules and may consider special
licensing and taxes in the wake of the ban's defeat, assuming the
results don't change by the Nov. 19 canvassing deadline, said
Commissioner Amy Lathen, who represents the area where the ban would
have taken effect.

Corry, of Hoban & Feola LLC in Denver, one of three law firms
representing the medical marijuana businesses, said she believes the
merchants may be entitled to damages as a result of the attempt to put
them out of business.

The fight in El Paso County may be one of many to come.

Steve Wind, a medical marijuana foe, said he will continue with plans
to gather signatures for a ballot issue banning medical pot in
Colorado Springs.
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MAP posted-by: Matt