JUDGE BARS CENTENNIAL FROM CLOSING MEDICAL MARIJUANA DISPENSARY

CENTENNIAL - An Arapahoe County judge Wednesday barred the city of
Centennial from shutting down a medical marijuana dispensary, saying
the city had no right to use federal law as a pretext for doing so.

"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," District Judge
Christopher Cross said in his ruling from the bench.

The rationale Centennial used in forcing the dispensary to shut down -
that, because the business distributed marijuana contrary to federal
law, it was in violation of the city's land-use code - is one also
adopted by a number of other local governments to block dispensaries
from opening in their communities, including Aurora, Castle Rock and
Greenwood Village.

The attorney for a dispensary in Castle Rock that had its business
license partially revoked on similar grounds said she would use
Wednesday's ruling to seek that action's reversal.

Cross' ruling resulted in a preliminary injunction against Centennial
preventing the city from enforcing its cease-and-desist order to the
dispensary, CannaMart.

The broader issue, such as whether Cross' injunction should be
permanent and his ruling become part of case law, is still to be
decided at trial, a process that could take years.

Cross acknowledged in his ruling that the legal issues surrounding
medical marijuana and the operation of dispensaries in Colorado are
still very much in flux.

Cross called the case one of "first impression," with few prior cases
in Colorado or across the country providing much guidance on how to
reach a decision.

"This is a very complex puzzle, as everyone knows," Cross said. "There
are many interrelated and contradictory pieces to that puzzle."

"No one knows what the law is," Cross added later.

Immediately after the ruling, CannaMart's owners, lawyers and a
handful of patients listed as plaintiffs in the lawsuit exchanged
hugs. Outside the courtroom, patient Shannon Mosher, who suffers from
multiple medical problems that cause him severe pain, said he was
proud to represent patients across Colorado in the matter.

"It's a big, groundbreaking moment," Mosher said. "It's a big
deal."

Attorney Robert Hoban called the ruling "a victory for the (state)
constitution."

"A city cannot ban this type of use," he said. "It can zone it, but it
can't ban it."

Centennial City Attorney Robert Widner said city officials were
disappointed but not entirely surprised by the ruling. He said they
will take the matter back to the City Council for direction.

"We do not know which route we're going to take," he said. "We have to
consult with council."

Zoning Not Resolved

Zoning is still an issue for CannaMart, which opened in September on
East Arapahoe Road just west of Interstate 25.

The dispensary had operated on the Greenwood Village side of Arapahoe
Road until that city forced it out on grounds similar to those used by
Centennial.

CannaMart's Centennial location is not zoned for pharmacies, under
which CannaMart would fall for zoning purposes, Cross said.

Cross didn't factor zoning into his consideration of the preliminary
injunction because, he said, Centennial didn't reference zoning
problems in its cease-and-desist letter to CannaMart. But the city
could still use zoning regulations to prevent CannaMart from reopening
in its current location.

Opposition Expected

Stan Zislis, one of Canna- Mart's owners, said he would consult with
his attorneys before reopening and could decide to move to another
spot. He said he expected opposition wherever he decided to open in
Centennial.

"As far as finding a vacancy, I don't think I'll have a problem,"
Zislis said. "As far as getting a business license, that could be a
problem."

In shutting down CannaMart in October, Centennial had argued that
operating contrary to federal law violated the city's land-use code.
Cross agreed that federal law is clear in prohibiting the distribution
of marijuana.

"In light of that federal law, the city's actions were entirely
understandable," he said.

But Cross said local governments can't take it upon themselves to
enforce federal law - that is up to federal agencies. And because
Colorado voters in 2000 approved a constitutional amendment legalizing
the use of cannabis for medical purposes, Cross found that CannaMart
was operating within the state's laws.

Cross said that closing down CannaMart violated its owners' and
patients' constitutional rights, which he called "an irreparable
injury to all of us."