Pubdate: Thu, 11 Nov 2010
Source: Windsor Beacon (CO)
Copyright: 2010 Windsor Beacon
Contact: http://drugsense.org/url/ZRLbH98z
Website: http://www.WindsorBeacon.com
Details: http://www.mapinc.org/media/4693
Author: David Persons

LEGAL TEST OF RIGHT TO BAN DISPENSARIES APPEARS ON HORIZON

The last thing Windsor Town Attorney Ian McCargar wants is for Windsor
to become ground zero for a legal battle that challenges the right of
municipalities to ban medical marijuana dispensaries.

In spite of his wish, it's a litigation that almost certainly will
occur somewhere now that Windsor, Loveland and a host of Colorado
towns have voted to ban these dispensaries from their
communities.

Windsor residents voted overwhelmingly 4,875 to 2,475 to ban the
dispensaries. The two existing dispensaries In Harmony Wellness and A
New Dawn Wellness Center will have 180 days from Nov. 8 (the date the
Nov.2 election was certified as official) to cease operations.

The same will be true for the other communities that banned
dispensaries. They include Akron, Aurora, Broomfield, Castle Pines
North, De Beque, Dinosaur, Elizabeth, Federal Heights, Fountain,
Granby, Hillrose, Hot Sulphur Springs, Jamestown, La Junta, Lake City,
Lone Tree, Olathe, Otis, Ouray, Paonia, Ramah and Sugar City.

Only Fraser and Minturn approved retail marijuana outlets.

Paonia voters also banned medical marijuana grow operations in
town.

Why is McCargar worried about a legal challenge in
Windsor?

Primarily because Tina Valenti, a co-owner of In Harmony Wellness, met
several times last week with her attorneys to discuss the
constitutionality of Windsor's ban.

It's no surprise then that one of the first calls McCargar made on
Monday was to Valenti.

"I really do hope to work with the industry to avoid litigation,"
McCargar said. "But, I do think there will be a test case, hopefully
not in Windsor."

Valenti, when contacted late last week, said she hasn't decided
exactly what action she will take.

"I can't say that we have selected one course of action yet," Valenti
said. "Nothing's decided. We're looking at lots of options."

Valenti said that she believes House Bill 1284, which gave
municipalities the right to ban dispensaries and directly led to the
large number of votes across the state, is in violation of Amendment
20 and therefore unconstitutional.

McCargar actually understands her point.

"The legislature can't do something that violates the state
constitution," McCargar said. "What needs to be studied is exactly
where the conflicts are."

McCargar did say that his interpretation of the marijuana measures may
be slightly differently from others.

"My reading is more narrow," McCargar said. "I think if we can
regulate it . . . we should also have the authority to ban it."

In the meantime, McCargar said he will begin working on the town's
ordinance regarding the regulating of medical marijuana
dispensaries.

"We need to clean it up a little, keep what we can, drop the licensing
(provision), and just gut the ordinance," McCargar said. "We don't
need to have competing laws that regulate it and ban it at the same
time."

McCargar said he will likely bring a slimmed down ordinance to the
Windsor Town Board for consideration within a month.

If the dispensaries do not bring litigation against Windsor or another
Colorado municipality and the bans stand, Windsor will likely lose
about $50,000 a year in tax revenue, according to tax information
provided by the town earlier this year.
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MAP posted-by: Matt