Pubdate: Thu, 09 Feb 2012 Source: Rocky Mountain Collegian, The (Colorado State U, CO Edu) Copyright: 2012 Rocky Mountain Collegian Contact: http://www.collegian.com/home/lettertotheeditor/ Website: http://www.collegian.com/ Details: http://www.mapinc.org/media/1370 Author: Jason Pohl MMJ HEADING TO COURT Dispensary Owners Seeking to Halt Feb. 14 Ban The voter-backed ordinance, Question 300, gave medical marijuana dispensaries a ticking clock upon its approval in November. But, while Fort Collins MMJ shops have been given until 7 p.m. Tuesday to close their doors for good, pot issues still continue to ignite passions and split the community in the days leading up to the voter-approved dispensary shutdown. While some have accepted their fate, a group of six MMJ shop owners filed for a temporary restraining order last week that would allow them to remain open until a formal injunction hearing can be held. If the restraining order and injunction were granted, it could halt the dispensary shutdown within Fort Collins. The temporary restraining order hearing will be held at 9 a.m. Thursday at the Larimer County Justice Center, 201 LaPorte Ave. in Fort Collins. Dispensary advocates say the Fort Collins ban is a violation of the Colorado Constitution and that their rights as business owners have been infringed upon, including freedom of speech and property. "If the government gives you a business license, you should feel pretty comfortable investing your business," said one MMJ shop owner who asked to remain anonymous due to the pending court case. Owners also say their very livelihoods are being taken away and argue that, when they were approved by the state and city, they understood that gave them the go-ahead to invest in their businesses. Those investments, they say, can't just be taken back. Shutting down the dispensaries now "is the equivalent to stealing," an owner added. "We will be irreparably harmed." Those advocating for the ban are maintaining the citizens have spoken, and the dispensaries need to be closed in a timely manner. "I think this is a technical process just to hear what the complaint is," said Ray Martinez, a former Fort Collins mayor and leader with the Concerned Fort Collins Citizens -- the group that initiated Question 300 in November. "They will ultimately be shut down anyway," he said, explaining that similar processes are happening throughout Denver as the pot crackdown intensifies. "I'm confident the judge will follow the voter's wishes," he said. "I think the worst thing to do in a society is to tell voters their vote doesn't count." Stay with the Collegian for updates on today's hearing and the potential Valentine's Day dispensary shutdown. - --- MAP posted-by: Jay Bergstrom