Marijuana coalition sues over proposed El Paso County ban

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A coalition of 15 marijuana dispensary owners and growers and companies associated with the medical industry have filed suit against the El Paso County Commissioners.

Claiming that the medical marijuana ballot question placed by the commissioners on the November ballot violates Colorado law, the plaintiffs have asked the court to declare the question illegal on its face, order it to be removed from the ballot, and determine that the commissioners exceeded their authority “by attempting to have the voters decide the question of a ban that is impermissible under state law.”

The 31-page complaint, filed by three attorneys representing the coalition list 10 separate causes of action.

The plaintiffs allege, among other things, that having already moved to permit, license and regulate medical marijuana businesses in the county, the commissioners have forfeited the power to simply ban such businesses.

“The Defendant simply cannot establish a regulatory scheme and then allow a ban of the very businesses it allowed to exist through regulation,” the complaint says. “This violates Colorado Constitution…”

Click here to read the complaint.

7 Responses to Marijuana coalition sues over proposed El Paso County ban

  1. I still don’t understand why so many people have such a problem with Medical Marijuana. Is it simply a control issue? Does anyone stop to think how much money that is being put into the economy via taxes and jobs related to the running of these businesses?

    October 5, 2010 at 10:45 am

  2. I can’t stand it when narrow-minded people think SOLELY on the ‘potential’ monetary gain in allowing MMDs! It is not always about money! Have you even thought about the extra resources that will be required from the city/county to respond to the criminal-related activities that the MMDs will bring. **NEWS FLASH** Yes, MMDs are directly responsible for extra criminal acts – read the Federal Stats. So I suppose the ‘extra’ sales tax generated will offset the additional costs incurred for this. So in the end, will it be a wash or loss?

    When will our government realize that Medical Marijuana needs to be regulated the same way as ALL other ‘medical’ treatments – THROUGH A DOCTOR AND PHARMACIST! Oh yeah, and aren’t the stats (recently published by the CSBJ) from the Federal Government also astonishing on the number of MMD owners who also have criminal backgrounds?!

    October 5, 2010 at 11:15 am

  3. You must have missed it when the Colorado Springs Police department made the statement that Medical Marijuana Centers have no more crime than any other business. Or you saw it and decided to ignore it. The Denver police department made the same statement recently. So much for your massive crime wave rant.

    Like it or not Medical Marijuana is a CONSTITUTIONAL RIGHT voted in by the citizens of Colorado. We are faced now with a choice of having licensed, taxed, regulated, and inspected dispensaries that are in commercial areas, or hundreds of unlicensed, untaxed, unregulated, and uninspected neighborhood growers/distributors in a house next to yours. In the event this suit fails, be sure to Vote NO on 1A to keep dispensaries regulated.

    October 5, 2010 at 5:32 pm

  4. Citizen80919: Nowhere in my post did I state I was referring to Colorado Springs Police statistics (you must have missed that as well). The FBI released statistics that the increase of crime nationally relating to MMDs has increased ‘substantially’. Common sense would tell you that if you had a Coffee Shop and a Dispensary side by side, the dispensary would be the one to be robbed.

    I am in support of Medical Marijuana for medical treatments, however, just like any other prescription drug, a legitimate, trained, and educated individual in the field of ‘medicine’ should be administering this drug and providing it their patients.

    October 6, 2010 at 7:36 am

  5. Citzen X you said:
    “Common sense would tell you that if you had a Coffee Shop and a Dispensary side by side, the dispensary would be the one to be robbed.”

    And if it wasn’t there then the coffee shop would have been robbed, how is this an increase in crime?

    Under your logic we should only have businesses opened not prone to liquor stores, convenience stores & banks should all be banned as possible crime attractants?

    I am now more convinced this is simply a control issue.

    I wonder, Citizen X, have you been personally affected by the medical marijuana industry?

    October 6, 2010 at 10:30 am

  6. If 1A passes, then the caregiver model becomes the only legal means to distribute MMJ to patients in unincorporated El Paso County. The caregiver model (5 patients, 30 plants) will need to proliferate to supply the MMJ needs in a completely unregulated manner.
    Caregiver model has,
    1. No licensing fees for local and state governments
    2. Dispenses in neighborhoods
    3. No distance limits to schools, churches, day care centers…
    4. Convicted felons can be caregivers
    5. Unregulated by local and state jurisdictions
    6. No restrictions on hours of operations

    October 7, 2010 at 4:47 pm

  7. Citizen X you said “The FBI released statistics that the increase of crime nationally relating to MMDs has increased ‘substantially’. ”

    Reluctantly, I agree with you on this point, though for much, much different reasons (i.e. I used logic).

    e.g. Colorado had 20 or so dispensaries a few years ago, Colorado now has give or take 1000, so we can deduce there has been about a 50 fold increase in dispensaries, with that I am sure there has been an increase in crime related to dispensaries, oddly though, it is most likely only a 5 or 10 fold increase, so assuming my guesses on the numbers are even remotely accurate, we can conclude that dispensary related crime has DROPPED by 75% or so.

    I’d take the time to gather the actual statistics and numbers to remove the ‘guesses’ but 1) I know my point would stand without question and 2) you really aren’t worth any more of my time.

    October 9, 2010 at 8:56 pm