Skip to main content

"The city of Centennial cannot use the potential violation of a federal law to order a business legally operating under our state constitution to cease and desist its business," Arapahoe County District Court Judge Christopher Cross said.

Read more: http://www.denverpost.com/...

A number of towns and larger municipalities in Colorado have decided that they can ban medical marijuana dispensaries. I guess their reasoning is because they feel like it, irrespective of the will of Colorado voters and the Colorado State Constitution. The large suburban municipalities in Arapahoe County, which borders the liberal Denver to the south,  have closed dispensaries, or have completely banned them.
The town of Castle Rock, went so far as to issue a business license to two medical marijuana dispensaries, and has now disenfranchised them, potentially costing the owners tens of thousands of dollars.
http://blogs.westword.com/...
I guess the town fathers will have to find some other angle to deny Colorado citizens their legal rights (they are talking about zoning laws next). They will lose, lose, lose, as the lawyers who fought the ban predicted two weeks ago.
So far, these bans have been struck down by the Colorado courts, including the strict caregiver definition from the Dept of Health. That ban was struck down by the Denver District Court, leaving the DOH bereft of further prohibitionist regulation, until, I suppose, they decide whether the courts will uphold the Colorado Constitution.

The irony of all this is that Congress passed the Volstead Act as a Constitutional Amendment to ban the sale of alcoholic beverages in the United States. Now we need specific Constitutional Amendments to permit personal freedoms. And even after the voters pass an amendment, the small time city councils, and a number of State Reps and Senators, still feel that they can restrict what has been specifically permitted by law. I heard a Democratic State Senator intimating that if the voters knew how many people would be granted MM licenses, they never would have voted for it, and now the State needs to figure out how to stop the "abuse" of the law by people who "only want to smoke marijuana."

Really, the only way the continued denial of Constitutional rights can be dealt with is through outright legalization. I believe the movement is picking up popular support as DA's and city councils decide they will hassle medical marijuana patients and legal dispensaries regardless of their rights. I believe this is a valid threat that will ultimately cause these intransigent cities, law enforcement and PA's to back off.

Originally posted to shmuelman on Wed Dec 30, 2009 at 03:19 PM PST.

Poll

What level do you support the legalization of marijuana

17%22 votes
76%95 votes
4%5 votes
0%1 votes
1%2 votes

| 125 votes | Vote | Results

EMAIL TO A FRIEND X
Your Email has been sent.
You must add at least one tag to this diary before publishing it.

Add keywords that describe this diary. Separate multiple keywords with commas.
Tagging tips - Search For Tags - Browse For Tags

?

More Tagging tips:

A tag is a way to search for this diary. If someone is searching for "Barack Obama," is this a diary they'd be trying to find?

Use a person's full name, without any title. Senator Obama may become President Obama, and Michelle Obama might run for office.

If your diary covers an election or elected official, use election tags, which are generally the state abbreviation followed by the office. CA-01 is the first district House seat. CA-Sen covers both senate races. NY-GOV covers the New York governor's race.

Tags do not compound: that is, "education reform" is a completely different tag from "education". A tag like "reform" alone is probably not meaningful.

Consider if one or more of these tags fits your diary: Civil Rights, Community, Congress, Culture, Economy, Education, Elections, Energy, Environment, Health Care, International, Labor, Law, Media, Meta, National Security, Science, Transportation, or White House. If your diary is specific to a state, consider adding the state (California, Texas, etc). Keep in mind, though, that there are many wonderful and important diaries that don't fit in any of these tags. Don't worry if yours doesn't.

You can add a private note to this diary when hotlisting it:
Are you sure you want to remove this diary from your hotlist?
Are you sure you want to remove your recommendation? You can only recommend a diary once, so you will not be able to re-recommend it afterwards.
Rescue this diary, and add a note:
Are you sure you want to remove this diary from Rescue?
Choose where to republish this diary. The diary will be added to the queue for that group. Publish it from the queue to make it appear.

You must be a member of a group to use this feature.

Add a quick update to your diary without changing the diary itself:
Are you sure you want to remove this diary?
(The diary will be removed from the site and returned to your drafts for further editing.)
(The diary will be removed.)
Are you sure you want to save these changes to the published diary?

Comment Preferences

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site