Colorado - "We are doing nothing here but providing a service to a state-recognized right," said Carl Wemhoff, owner of Herbal Remedies in Westminster. The medical marijuana dispensary opened in June of 2009, and has continued to serve patients, even after the city voted to ban this type of business in December. However, this action came with consequences.
"They've filed 783 criminal charges against me, at my home no less, and it started the fight," Wemhoff said.
The fight is a legal challenge of Westminster's ban on dispensaries, and to Colorado house bill 1248, which seems to grant this right to cities and counties.
"In H.B. 1284 they seem to write in language that creates a permission there," said Tae Darnell, an attorney for Herbal Remedies. "However, not all legislation is good legislation, and this legislation is in direct conflict with the constitution."
The state constitution provides complete exemption from state criminal law for patients and their primary caregivers regarding medical marijuana. This suit could benefit dispensaries across the state. Darnell said Herbal Remedies has the moral support of the medical marijuana community, but financially, it's in this fight alone.
"We are going to be stubborn about it. We'd probably save a lot of money and just do what they would like us to, but personally I don't feel its right," Wenhoff said.
In a written statement, the city of Westminster says it "unanimously determined not to permit medical marijuana dispensaries to operate in the city and is determined to enforce these and all other city ordinances when required to do so."
NewsHawk: Ganjarden: 420 MAGAZINE
Source: KMGH Denver
Author: Doug Schepman
Copyright: 2010, Internet Broadcasting Systems, Inc
"They've filed 783 criminal charges against me, at my home no less, and it started the fight," Wemhoff said.
The fight is a legal challenge of Westminster's ban on dispensaries, and to Colorado house bill 1248, which seems to grant this right to cities and counties.
"In H.B. 1284 they seem to write in language that creates a permission there," said Tae Darnell, an attorney for Herbal Remedies. "However, not all legislation is good legislation, and this legislation is in direct conflict with the constitution."
The state constitution provides complete exemption from state criminal law for patients and their primary caregivers regarding medical marijuana. This suit could benefit dispensaries across the state. Darnell said Herbal Remedies has the moral support of the medical marijuana community, but financially, it's in this fight alone.
"We are going to be stubborn about it. We'd probably save a lot of money and just do what they would like us to, but personally I don't feel its right," Wenhoff said.
In a written statement, the city of Westminster says it "unanimously determined not to permit medical marijuana dispensaries to operate in the city and is determined to enforce these and all other city ordinances when required to do so."
NewsHawk: Ganjarden: 420 MAGAZINE
Source: KMGH Denver
Author: Doug Schepman
Copyright: 2010, Internet Broadcasting Systems, Inc
