CENTENNIAL'S ATTORNEY SAYS MEDICAL POT IS ALLOWED IN MOST CASES, EXCEPT
FOR RETAIL SETTINGS

The possession and consumption of medical marijuana is permitted by
Centennial's Land Development Code in almost every circumstance,
except for retail settings, the city's attorney testified Wednesday
in Arapahoe County District Court.

In the second day of a preliminary-injunction hearing about whether
Centennial violated the state constitution when it shut down
CannaMart on Oct. 19, city attorney Andrew Nathan read the judicial
admissions, or exceptions, to the land-use rule he cited in a
cease-and-desist letter sent to CannaMart a few days before.

CannaMart, which was operating in an office park at 8006 E. Arapahoe
Road, was told it would be fined $1,000 per day if it did not shut
down immediately, which it did. The letter cited federal law that
prohibits the sale, use and possession of any amount of marijuana. It
also said medicinal-marijuana dispensaries are not permitted in the
city.

But on Wednesday, Nathan noted that under the same set of rules cited
in the letter - the land-development code - medical marijuana may be
consumed or possessed in certain circumstances. They include personal
consumption of medical pot in a private home or vehicle; commercial
retail delivery of medical marijuana within Centennial's boundaries;
and production or growing of medical pot in a private residence
within city limits by a licensed patient.

Attorney Rob Corry, who represents CannaMart and three of its
customers with state medical-marijuana licenses, said he was
surprised by the judicial admissions, which he said directly
contradicted the cease- and-desist letter. Still, he said, the
exceptions didn't get to the core of the issue being considered in
the hearing: banning dispensaries within Centennial city limits.

Arapahoe County District Judge Christopher Cross said he will spend
the Christmas weekend mulling the case law, testimony and arguments
presented during the two-day hearing, then issue an oral ruling Dec.
30 about whether the city of Centennial's shut-down order was legal.
If an injunction is granted, it will have only a temporary effect,
until the case goes to trial, which could take two years, Corry said.
Corry is attempting to keep the dispensary open during the trial.

Medical marijuana is permitted under Amendment 20 to the state's
constitution but is banned under federal law.

Nathan tried arguing a second point, that the dispensary also
violated the city's zoning laws that restrict retail sales in that
particular office park. But Cross said neither the cease-and-desist
letter nor the submitted exhibits made any mention of zoning-law
violations. Cross said he will have to decide if that issue was
relevant to the hearing.

Nathan also said the city was not enforcing federal law by including
it in the cease-and-desist letter but was merely referring to federal
law that bans the use of marijuana for any reason.