4

Medical-marijuana patients to sue over dispensary closure

^
Keep Westword Free
I Support
  • Local
  • Community
  • Journalism
  • logo

Support the independent voice of Denver and help keep the future of Westword free.

Medical-marijuana patients and providers, as well as the attorneys who argue on their behalf, haven't always found the courts to be in their corner. Witness the controversial ruling in the Stacy Clendenin case, which caused the Board of Health to alter its definition of caregiver -- at least until a Denver District Court judge tossed out the change.

Nonetheless, lawyers Bob Hogan and Rob Corry, representing four patients and two caregivers, hope to jump back into the trial fire in regard to a lawsuit they'll formally announce at 11 a.m. this morning. The target? The city of Centennial, which closed a medical-marijuana dispensary called CannaMart. They'll argue that municipalities like Centennial "are prohibited from imposing land use restrictions on local businesses when such restrictions infringe upon rights upheld by the state Constitution as 'matters of statewide concern.'"

For a more detailed look at their argument, look below:

PATIENTS TO SUE CENTENNIAL TO GAIN ACCESS TO MEDICAL MARIJUANA

Landmark case challenges municipal authority to ban all Medical Marijuana Dispensaries

Centennial, Colo. -- For the first time in state history, a coalition of medical marijuana patients, together with their caregivers, will sue a municipal government to reopen a medical marijuana wellness center. The Centennial-based CannaMart was shuttered last month after city officials banned Medical Marijuana dispensaries within city limits.

Four seriously-ill medical marijuana patients, together with their two caregivers, allege that the City of Centennial violated Colorado's Constitution and relevant land use statutes when it forced CannaMart to shut down its operations on October 19.

The coalition's attorneys, Bob Hoban and Jessica Corry of Hoban & Feola, LLC, and Robert J. Corry, Jr., rely on well established Colorado case law to argue that home rule municipalities, including Centennial, are prohibited from imposing land use restrictions on local businesses when such restrictions infringe upon rights upheld by the state Constitution as "matters of statewide concern."

Medical marijuana has been legal in Colorado since 2000, when a majority of voters approved a constitutional amendment allowing individuals suffering from debilitating medical conditions to legally consume and purchase marijuana. The amendment also legalized the sale, distribution, storage, transportation, production, and cultivation of the medicine by caregivers.

WHAT: Medical marijuana caregivers and patients, together with their attorneys, will speak about their lawsuit to open Centennial to Medical Marijuana.

WHEN: Monday, November 30, 2009, 11:00 a.m.

WHERE: Arapahoe County District Court, 7325 S. Potomac St., Centennial, CO, in the courtyard by the flagpoles.

"While Centennial may not like the idea of medical marijuana caregivers providing services to patients within city limits, Colorado law is clear: the city lacks the legal authority to restrict the rights of caregivers and patients in such a way," said Hoban.

"The City of Centennial cannot amend the Colorado Constitution and cannot override Colorado's voters. Sick people have a constitutional right to Medical Marijuana, and we hope this lawsuit will ease human suffering and bring Centennial into compliance with the constitution." added Robert J. Corry, Jr.

Keep Westword Free... Since we started Westword, it has been defined as the free, independent voice of Denver, and we would like to keep it that way. Offering our readers free access to incisive coverage of local news, food and culture. Producing stories on everything from political scandals to the hottest new bands, with gutsy reporting, stylish writing, and staffers who've won everything from the Society of Professional Journalists' Sigma Delta Chi feature-writing award to the Casey Medal for Meritorious Journalism. But with local journalism's existence under siege and advertising revenue setbacks having a larger impact, it is important now more than ever for us to rally support behind funding our local journalism. You can help by participating in our "I Support" membership program, allowing us to keep covering Denver with no paywalls.

We use cookies to collect and analyze information on site performance and usage, and to enhance and customize content and advertisements. By clicking 'X' or continuing to use the site, you agree to allow cookies to be placed. To find out more, visit our cookies policy and our privacy policy.

 

Join the Westword community and help support independent local journalism in Denver.

 

Join the Westword community and help support independent local journalism in Denver.