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The owner of a medical-marijuana dispensary in Westminster that was ordered closed after the city adopted a dispensary ban has filed a lawsuit against the city.
The suit – filed Aug. 5 on behalf of Herbal Remedies at West 72nd Avenue and Federal Boulevard – is the first legal challenge to a new state law that gives communities explicit permission to ban dispensaries. The dispensary owner argues that such bans violate the medical-marijuana protections in the state constitution.
"This will be a test case for the entire state as to whether the bans are legal," said Sean McAllister, one of Herbal Remedies' attorneys.
McAllister said Herbal Remedies has been open for more than a year and has stayed open in defiance of the ban, which Westminster adopted late last year. State lawmakers passed a bill saying communities can ban dispensaries, and the governor signed it June 7.
McAllister said the bill is unconstitutional.
"This is about a patient's right to access marijuana," he said. "That right is in the constitution."
The suit comes as Herbal Remedies' owner, Carl Wemhoff, and the dispensary's landlord, Gene Lehman, face municipal criminal charges for violating the ban. Lehman said city officials have told him they will drop his charges if he evicts the dispensary.
"We don't want them evicted," Lehman said. "But they put the pressure on us to evict them."
A Westminster spokeswoman could not be reached for comment about the lawsuit.
NewsHawk: MedicalNeed:420 MAGAZINE
Source: Home - The Denver Post
Author: John Ingold
Contact: Contact Us - The Denver Post
Copyright: 2010 MediaNews Group
Website:Medical marijuana dispensary ordered shut sues Westminster - The Denver Post
The suit – filed Aug. 5 on behalf of Herbal Remedies at West 72nd Avenue and Federal Boulevard – is the first legal challenge to a new state law that gives communities explicit permission to ban dispensaries. The dispensary owner argues that such bans violate the medical-marijuana protections in the state constitution.
"This will be a test case for the entire state as to whether the bans are legal," said Sean McAllister, one of Herbal Remedies' attorneys.
McAllister said Herbal Remedies has been open for more than a year and has stayed open in defiance of the ban, which Westminster adopted late last year. State lawmakers passed a bill saying communities can ban dispensaries, and the governor signed it June 7.
McAllister said the bill is unconstitutional.
"This is about a patient's right to access marijuana," he said. "That right is in the constitution."
The suit comes as Herbal Remedies' owner, Carl Wemhoff, and the dispensary's landlord, Gene Lehman, face municipal criminal charges for violating the ban. Lehman said city officials have told him they will drop his charges if he evicts the dispensary.
"We don't want them evicted," Lehman said. "But they put the pressure on us to evict them."
A Westminster spokeswoman could not be reached for comment about the lawsuit.
NewsHawk: MedicalNeed:420 MAGAZINE
Source: Home - The Denver Post
Author: John Ingold
Contact: Contact Us - The Denver Post
Copyright: 2010 MediaNews Group
Website:Medical marijuana dispensary ordered shut sues Westminster - The Denver Post
