MEDICAL POT VICTORY

Judge Rules Centennial Can't Ban Dispensaries

Medical marijuana advocates scored a big victory after a judge
yesterday ruled that the City of Centennial is prohibited from banning
medical marijuana dispensaries from operating within its city limits.

The oral ruling by Arapahoe County District Judge Christopher Cross
followed a passionate hearing that spanned two days. Experts believe
the ruling is a landmark case that could set a precedent preventing
other Colorado municipalities from banning medical marijuana
dispensaries within city limits.

"It's a victory for patients and caregivers across the state of
Colorado," said Bob Hoban, a lawyer who represented the Centennial
medical marijuana dispensary in the case. "And it's clearly a victory
for the constitution in that it shows that local governments can't
pick and choose which constitutional provisions they want to follow."

In October the City of Centennial revoked the business license of
CannaMart after learning that the business was a medical marijuana
dispensary. In turn, two caregivers and three patients from the
dispensary sued the city in hopes of having the decision overturned.

Yesterday's oral ruling by Cross implemented an injunction against the
cease and desist letter that the City of Centennial issued to
CannaMart. In turn, CannaMart can open up for business again, at least
for now. A broader trial on the issue could start as early as 60 days
from now, according to Hoban.

In his ruling, Cross said that Centennial can zone dispensaries, but
can't forbid them from operating within city limits.

In 2000, Colorado voters approved medical marijuana to treat serious
illnesses. Marijuana is still considered illegal under federal law.

Attorneys for the City of Centennial argued during the hearing that
the city could ban dispensaries because they violate federal law.
However, Cross said that the Colorado constitution allows the use of
medical marijuana, and that the state constitution is there for a
reason, according to Hoban.

"It would be an affront to the citizens of Colorado if they couldn't
rely on their constitution," said Hoban.

Medical marijuana user and CannaMart patient Shannon Mosher cheered
yesterday's ruling as a victory for sick patients in Colorado.
Although CannaMart was only open several weeks, Mosher, who suffers
from ankylosing spondylitis, said he had already started feeling at
home at the location.

"I feel very reassured that among all the other things I've lost
already from my disability, thatEone thing I won't lose is my
constitutional right," he said. "I'm really excited about winning this
particular battle."

Mosher uses medical marijuana to treat the chronic pain that derives
from a genetic disease that breaks down tissue and infuses it with
bone. He said that the CannaMart owners went out of their way to
discount the marijuana for him, picked him up when he needed a ride,
and kept track of his symptoms.

"These guys were very compassionate and took extra time to learn about
my disease," he said.