Judge to decide on reopening medical marijuana dispensaries next week
Category: Dispensaries | Posted on Wed, March, 16th 2011 by THCFinder
A judge in the 8th Judicial District Court will hear closing arguments from attorneys on both sides of the medical marijuana debate March 22 and plans to make a ruling on the case brought forward by attorney Rob Corry the same day.
Corry, an attorney based in Denver who is well-known for his work defending medical marijuana patients and dispensaries, is fighting for a temporary restraining order and permanent injunction. These legal actions would allow the three medical marijuana dispensaries that are plaintiffs in the case to reopen and would prohibit the city of Loveland from enforcing its prohibition of the shops. They were forced to close March 1 after Loveland voters approved a ban during November's election.
Corry claims the dispensaries operating in Loveland are not technically licensed medical marijuana centers under state law at this point, so the city's ordinance prohibiting them from operating should not affect them.
The three plaintiff dispensaries Corry is representing are Rocky Mountain Kind, Magic's Emporium and Colorado Canna Care. Additionally, John and Jane Doe are named as plaintiff medical marijuana patients.
The defendants in the case are the city of Loveland and the state of Colorado, represented by Josh Marks, who is a private attorney; Loveland's city attorney John Duval; and Geoffrey Blue, deputy attorney general for the state of Colorado.
The defense is arguing that after a law was passed at the state level in June of 2010, the decision about whether or not to allow dispensaries to operate was up to local authorities — such as a City Council. Rather than simply outlaw the dispensaries, the council voted last summer to put the issue to a vote. Voters rejected by a fairly wide margin the idea of letting the dispensaries continue to operate.
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