"The court cannot shut down CannaMart by using federal law as a basis," Arapahoe County District Judge Christopher Cross said Wednesday.
Cross' ruling settled a dispute between the city and the medical pot shop after the city shut down the dispensary last fall after only a few weeks in business. CannaMart sued, saying it was a legal business and that cities cannot ban all marijuana dispensaries.
Cross granted a temporary injunction to allow the dispensary to continue to operate while it fights Centennial's ban against medical pot dispensaries.
"No one knows what the law is until the Supreme Court gives such a ruling," Cross said. "All I'm doing is giving my interpretation."
Bob Hoban, an attorney for CannaMart, called the ruling a victory for patients and caregivers statewide.
"I think what we're looking at, and most importantly, is that a city cannot ban this type of use. It can zone it, but it can't ban it. It's a victory for the constitution of the state of Colorado. It's a victory for caregivers and patients across the state of Colorado, and also, it's an important victory in the sense that federal law cannot be enforced by local governments," Hoban said.
Several cities across Colorado were watching to see whether it is permissible for them to ban all marijuana shops, or whether the state constitution means cities have to allow at least some dispensaries.
"This is an issue most cities across the state are struggling with," Robert Widener, Centennial city attorney, said. "We, like other cities, will have to determine how we'll precede in looking at whether medical marijuana dispensaries throughout our city is the right land use."
The lawsuit dragged on for two weeks, and the judge said last week he would need more time to consider the case.
"This is an issue most cities across the state are struggling with. We, like other cities, will have to determine how we'll precede in looking at whether medical marijuana dispensaries throughout our city is the right land use."
"There was no easy answer in this case," Cross said. "There were a lot of contradictions in this case."
CENTENNIAL - A marijuana dispensary in Centennial is allowed to reopen its doors and resume serving medicinal cannabis to its patients while it fights a city ban, a judge ruled on Wednesday.
Cross was referring to a federal law making it illegal and State Amendment 20 that legalizes marijuana for medical purposes in Colorado.
Zoning laws, however, may play a role in the case, since the current site where CannaMart operates is not zoned for a pharmacy. A city lawyer says he plans to consult with the city council regarding the matter.
The owner of CannaMart, Stan Zislis, says he's not sure yet when he'll reopen his dispensary - or where.
"As far as finding a vacancy, I don't think I'll have a problem. As far as obtaining a business license, that's going to be an issue," Zislis said.
Both sides are due to meet with a judge on Jan. 28 at 1:30 p.m. to decide on when to hold a trial.
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: KUSA-TV
Contact: 9NEWS.com
Copyright: KUSA-TV
Website: Judge orders city to allow medical marijuana dispensary
Cross' ruling settled a dispute between the city and the medical pot shop after the city shut down the dispensary last fall after only a few weeks in business. CannaMart sued, saying it was a legal business and that cities cannot ban all marijuana dispensaries.
Cross granted a temporary injunction to allow the dispensary to continue to operate while it fights Centennial's ban against medical pot dispensaries.
"No one knows what the law is until the Supreme Court gives such a ruling," Cross said. "All I'm doing is giving my interpretation."
Bob Hoban, an attorney for CannaMart, called the ruling a victory for patients and caregivers statewide.
"I think what we're looking at, and most importantly, is that a city cannot ban this type of use. It can zone it, but it can't ban it. It's a victory for the constitution of the state of Colorado. It's a victory for caregivers and patients across the state of Colorado, and also, it's an important victory in the sense that federal law cannot be enforced by local governments," Hoban said.
Several cities across Colorado were watching to see whether it is permissible for them to ban all marijuana shops, or whether the state constitution means cities have to allow at least some dispensaries.
"This is an issue most cities across the state are struggling with," Robert Widener, Centennial city attorney, said. "We, like other cities, will have to determine how we'll precede in looking at whether medical marijuana dispensaries throughout our city is the right land use."
The lawsuit dragged on for two weeks, and the judge said last week he would need more time to consider the case.
"This is an issue most cities across the state are struggling with. We, like other cities, will have to determine how we'll precede in looking at whether medical marijuana dispensaries throughout our city is the right land use."
"There was no easy answer in this case," Cross said. "There were a lot of contradictions in this case."
CENTENNIAL - A marijuana dispensary in Centennial is allowed to reopen its doors and resume serving medicinal cannabis to its patients while it fights a city ban, a judge ruled on Wednesday.
Cross was referring to a federal law making it illegal and State Amendment 20 that legalizes marijuana for medical purposes in Colorado.
Zoning laws, however, may play a role in the case, since the current site where CannaMart operates is not zoned for a pharmacy. A city lawyer says he plans to consult with the city council regarding the matter.
The owner of CannaMart, Stan Zislis, says he's not sure yet when he'll reopen his dispensary - or where.
"As far as finding a vacancy, I don't think I'll have a problem. As far as obtaining a business license, that's going to be an issue," Zislis said.
Both sides are due to meet with a judge on Jan. 28 at 1:30 p.m. to decide on when to hold a trial.
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: KUSA-TV
Contact: 9NEWS.com
Copyright: KUSA-TV
Website: Judge orders city to allow medical marijuana dispensary
