WESTMINSTER POT LAWSUIT SAID TO BE CITY TEST CASE

AURORA | A lawsuit against a city that banned medical marijuana
dispensaries could foreshadow future lawsuits against municipalities
statewide, including Aurora, that try to ban dispensaries.

The lawsuit was filed last week against the city of Westminster,
which passed a dispensary ban in November 2009, although there were
two dispensaries operating within city limits before the ban.

The Westminster lawsuit is being dubbed "the test case" for cities
statewide that attempt to ban dispensaries within city limits. Aurora
city officials decided last month to ask voters in November whether
they want to ban medical marijuana dispensaries within city limits.

Aurora was one of the first cities in Colorado to quickly move
forward with a ballot initiative. Even if voters decided to ban
dispensaries, the potential for lawsuits has now skyrocketed because
of the Westminster case, said Brian Vicente, an attorney and the
executive director of the nonprofit advocacy group Sensible Colorado.
A new statewide law allows municipalities to ban dispensaries at
their own discretion, or initiate a ballot item that would let voters
decide the future of dispensaries within the city.

The law also allows for ballot language that could ask voters whether
they want to prohibit the operation of medical marijuana centers,
grow operations and manufacturers' licenses for medical
marijuana-infused products.

In order to reduce the potential of lawsuits, the city won't include
language about location of dispensaries and other restrictions, said
the city's attorney, Charlie Richardson.

The city has not been threatened with lawsuits yet, but the city's
attorneys are prepared for the possibility, Richardson said.

"We have not received any written notices of claims or any verbal
threats," he said. "We would vigorously defend the city's ability to
follow the election option."