POT LAW OUT OF JOINT, COURTS WILL CLEAR THE AIR

In the wake of the Colorado Legislature's action on medicinal
marijuana, everything remains as hazy as a frat house circa 1978.

Gov. Bill Ritter has not yet signed HB1284, which codifies sharp
limits on the constitutional right created in 2000. No one thinks
Ritter will veto the bill.

Whether the law will ever be allowed to take effect is another matter
entirely.

A coalition of about a dozen attorneys has been meeting regularly to
plot strategy. While the coalition hasn't settled on when it will
act, "we definitely will file for an injunction," Denver attorney
Jessica Corry said.

Although various members of the group have differing objections to
the soon-to-be state law, there is general agreement about
challenging the measure's constitutionality based upon provisions
that would:

* require owners of medicinal marijuana dispensaries to be Colorado
residents.

* limit caregivers to five patients each.

* allow local governments to hold opt-out elections so medicinal
marijuana dispensaries can be banned.

If you think there's no way a court would block HB1284 from becoming
law, consider that it's exactly what happened in 1992, when Colorado
voters approved a measure allowing discrimination against gays. A
state district court granted a motion for an injunction preventing
the measure from going into effect. The Colorado Supreme Court and
the U.S. Supreme Court later agreed.

In 2003, the Legislature passed a bill requiring students to recite
the Pledge of Allegiance. The American Civil Liberties Union was
granted an injunction in federal court and that law never took
effect, either.

The lesson, and city councils everywhere should heed it, is that just
because the Legislature says it's legal doesn't mean it is.

Rep. Mike Merrifield, D-Colorado Springs, said he voted against
HB1284 largely because of the provision for the local opt-out
elections. A cancer survivor who knows first-hand about the drug's
benefits, Merrifield says it would be wrong to force patients to go
to another city for a medication sanctioned by the state
constitution.

Fourth Judicial District Attorney Dan May said the opt-out election
provision "is constitutional." Beyond that, he said, there are
marijuana dealers posing as medicinal dispensaries and "I enforce the
laws of Colorado."

Regardless of whether a court rules against HB1284, criminal laws
will still apply.

Colorado Springs City Councilman Sean Paige who has led the city's
move toward establishing rules for dispensaries, said "There will be
cases where people are going to be abusing the law, but that argues
for getting rules in place."

That's wise - especially if a court throws out HB1284.