Pubdate: Fri, 10 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 JUDGE REFUSES MMJ RESTRAINING ORDER Dispensaries order closed in Fort Collins by Tuesday Valentine's Day will be bitter for medical marijuana businesses in Fort Collins. District Court Judge Thomas French on Thursday denied a request from local marijuana businesses for a temporary restraining order on the enforcement of a voter-approved ban on marijuana dispensaries and growing operations. French said the businesses failed to demonstrate that their constitutional rights were violated by the ban, as they claimed in a lawsuit, or that they would suffer irreparable harm through the city's enforcement of the ban. They would lose money through the forced closure, French said, but case law demonstrates that "loss of money is not irreparable injury." The judge also ruled the ordinance's language meets the requirement of state law, which allows cities to ban medical marijuana businesses through an election. "I think the people have spoken on that particular issue," French said. The ruling means the businesses will have to close and remove all marijuana plants and products from storefronts and grow operations by midnight Tuesday. Any marijuana that is found by police during closing inspections will be seized and destroyed. Michelle Tucker, owner of Medicinal Garden of Colorado, said the ruling hurts her family as well as her business. Business owners invested thousands of dollars into their operations under the belief what they were doing was legal and acceptable, she said. "It's a sad, sad day," Tucker said outside the courtroom. "Business isn't fair, and this business is unlike any I've ever been in." Tucker said she will comply with the city's law and shut down. She plans to move the business to the Denver area, where dispensaries are still allowed. But even that carries risk given the political and legal climate, she said. "I just wish that people would make a decision about whether they want this or not and stop messing around in the middle," she said. The owners claimed the city's ban, which voters approved in November, violated the Colorado Constitution and impinged on their rights of free speech and association. Defendants in the case included the city of Fort Collins, the Colorado Department of Revenue, Larimer County Sheriff Justin Smith, and District Attorney Larry Abrahamson. The daylong hearing included testimony from the six owners involved with the lawsuit. The owners said they followed state and local regulations and paid substantial fees for licenses to operate. Dave Schwaab, owner of Abundant Healing, said he invested more than $60,000 to meet the city's requirements for the businesses. Attorneys for the city and state pointed out the owners went into business knowing the dispensaries were illegal under federal law. The owner's attorney, Brett Barney of Denver, subpoenaed leaders of Concerned Fort Collins Citizens, which put the ban on the ballot and campaigned for its passage, to question them about the ordinance. But French ruled the involvement of Bob Powell, former mayor Ray Martinez and Scoot Crandall, executive director of the substance-abuse prevention organization TEAM Fort Collins, as private citizens was not relevant to the case. - --- MAP posted-by: Matt