Pubdate: Sat, 04 Feb 2012
Source: Fort Collins Coloradoan (CO)
Copyright: 2012 The Fort Collins Coloradoan
Contact: http://www.coloradoan.com/customerservice/contactus.html
Website: http://www.coloradoan.com/
Details: http://www.mapinc.org/media/1580
Author: Kevin Duggan

MMJ BAN OPPONENTS TO GET DAY IN COURT

Opponents of a ban on medical marijuana businesses in Fort Collins 
will have their day in court.

A Larimer District Court judge Thursday will decide whether to allow 
the dispensaries to stay open until there's a hearing on a lawsuit 
filed last week by six local marijuana businesses challenging the ban.

The businesses have requested a temporary restraining order that 
would prevent state and city officials from shutting down the 
dispensaries Feb. 14 to comply with a voter-approved ban on medical 
marijuana businesses.

The hearing begins at 9 a.m.

In November, city voters approved an ordinance that prohibits medical 
marijuana businesses following a contentious election campaign.

The lawsuit claims the ban violates the Colorado Consti-tution and 
would irreparably harm the business owners by taking away their livelihoods.

The owners invested heavily in the businesses and assumed they would 
be able to operate under the auspices of state and local laws, 
according the complaint.

The Fort Collins City Council passed a variety of regulations 
allowing medical marijuana businesses in the city last year. But a 
group of citizens petitioned to place the ordinance banning the 
businesses on the ballot.

The suit challenges the legality of banning an entire industry, said 
attorney Brett Barney, who is representing the marijuana businesses, 
in a recent interview.

The suit names the city manager, city clerk and the entire City 
Council as defendants. It also names Larimer County Sheriff Justin 
Smith, District Attorney Larry Abrahamson and the Colorado Department 
of Revenue as defendants.

At one time the city had 20 licensed marijuana businesses. At least 
seven have closed their doors since the ban was approved.

The hearing before District Judge Thomas French will be in Courtroom 
5C at the Larimer County Justice Center, 201 LaPorte Ave., according 
to court records.

[sidebar]

About the ban As it stands, marijuana businesses have until 7 p.m. 
Feb. 14 to cease operations. They have until midnight that day to 
remove all marijuana products in accordance with state and local 
laws. Any material that is left would be confiscated and destroyed.
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MAP posted-by: Jay Bergstrom