COLO. JUDGE: POT SHOPS HAVE CONSTITUTIONAL RIGHTS

Medical Marijuana Patients Have A Constitutional Right To Buy Pot,
Not Just Use It, Judge Rules

CENTENNIAL, Colo. -- Medical marijuana patients have a constitutional
right to buy pot, not just use it, according to ruling Wednesday by a judge.

Arapahoe County District Court Judge Christopher Cross sided with the
CannaMart dispensary, which sued the city of Centennial after it was
shut down in October.

Cross granted the dispensary's request for an injunction, which will
prevent the city from keeping the dispensary closed while CannaMart
challenges the city's argument that it can ban pot shops because they
violated federal drug laws.

Colorado in 2000 passed a constitutional amendment allowing medical
marijuana, which is now allowed in 14 states. Recent decisions by
state health authorities, along with a signal this year from the U.S.
attorney general that federal prosecutors won't interfere with state
pot rules, have led to an explosion of commercial marijuana stores
across Colorado.

In the oral ruling, the judge had sharp words for cities that say
federal drug laws allow them to keep out any dispensaries. Cross said
the city violated the rights of three medical marijuana patients who
joined the lawsuit.

"These are people who have a right to medical marijuana, the right to
the caregiver of their choice. That has been taken away from them," Cross said.

CannaMart's owner, Stan Zislis, said after the decision that he
wasn't sure if he would reopen the shop in Centennial. Zislis has
opened a new CannaMart in the nearby suburb of Littleton.

The judge's decision left unresolved a zoning dispute between
Centennial and CannaMart, which had about 600 clients at the time it
was closed. The city also has passed a moratorium on new
dispensaries, so CannaMart cannot move and reopen elsewhere in Centennial.

Lauren Davis, a lawyer for CannaMart, said the judge's words "should
be a warning to towns across this state" that are considering whether
to ban dispensaries. Another town south of Denver, Castle Rock, has
also cited federal drug laws in forcing a dispensary there to stop
selling marijuana.

"They are violating the rights of sick patients and caregivers," Davis said.

One of the patients who sued, Eric Mosher, said CannaMart's closure
made it difficult for him to obtain medical marijuana recommended for
a debilitating nerve ailment.

"It's hard enough to be in the situation I'm in," Mosher said after the ruling.

Centennial's lawyer, Robert Widner, said it was too soon to say how
city officials would proceed.

The judge scheduled further legal discussion in the case for next
year. He concluded by saying that cities wanting to get rid of all
dispensaries could find themselves violating constitutional rights.

Even though federal laws ban the sale of marijuana, Cross said, "The
voters have spoken. It is not a criminal act in the state of Colorado."