County To Seek Declaratory Judgement On Pot Centers

Jim Finnel

Fallen Cannabis Warrior & Ex News Moderator
Colo. - Douglas County officials will leave the fate of three medical marijuana dispensaries in the hands of a judge.

County attorney Lance Ingalls advised the Board of Douglas County Commissioners to seek clarification on the issue that has left dispensary owners in Highlands Ranch, Castle Pines and Franktown wondering whether they will be able to stay open after July 1. Several residents attended a meeting Jan. 11 and claimed that the medical marijuana ballot question posed to voters in unincorporated Douglas County in November did not specifically address the existing centers.

Commissioner Jack Hilbert said the issue "may end up in many courts" because of differing opinions. Some say the ballot question prohibits all dispensaries, new and old, and commissioner Jill Repella said the county could face a lawsuit from voters if existing centers are allowed to remain open. However, the dispensary supporters say the county vote does not hold up against state statutes, as well as constitutional Amendment 20, and infringes on the rights of business owners.

Ingalls said a declaratory judgement, in which a judge weighs all of the facts and interprets legal language contained in regulatory documents, would be the fastest way to resolve the issue. No date has been set for a hearing.


NewsHawk: Jim Behr: 420 MAGAZINE
Source: coloradocommunitynewspapers.com
Author: Chris Michlewicz
Copyright: 2011 coloradocommunitynewspapers.com
Contact: ccnonline@ccnewspapers.com
Website: County to seek declaratory judgement on pot centers
 
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