MARIJUANA DEBATE WON'T END SOON

Now that we're midway through the year of medical marijuana, have we
gotten any closer to answering the key question: Which law do we
follow concerning medical marijuana? State? Local? Federal?

I don't think we have.

It was the question asked when the City of Centennial cited federal
law in closing CannaMart. The shop was granted an injunction despite
zoning issues that kept it closed and is still awaiting trial
(anticipated to begin in March of 2011) to settle the matter.

Since CannaMart closed, an entire legislative session has passed us
by. It produced House Bill 1284 and Senate Bill 109, which Gov.
Ritter signed into law and are due to take full effect July 1, 2011.
Among the provisions of these bills are the rights granted to cities
and other local governments to decide whether or not to allow medical
marijuana dispensaries. That would appear to answer the question, but
it doesn't.

By the time you read this, Douglas County Commissioners will have
decided whether or not to exercise this provision by asking voters on
November's ballot if dispensaries will be allowed in the county.

Let's say Douglas County residents do face this question and we'll
fast-forward to November and say voters say they don't want medical
marijuana dispensaries in Douglas County. Would this vote answer the
question of who has jurisdiction over allowing or not allowing medial
marijuana dispensaries in this town or that one?

We asked Jessica Corry, an attorney with Hoban and Feola, which is
taking the lead on defending medical marijuana dispensaries.

"Our concern is if there is a large county restricting or attempting
to restrict access," she said. "Should voters approve a ban in
November, we would have serious concerns about how such a decision
would unconstitutionally restrict patient access to medical marijuana."

It's a valid point

Even though I think local government should have the final say about
medical marijuana dispensaries being allowed in their communities,
that's the topic of another column and simply one more opinion heaped
on an issue that has more opinions that it can use right now.

Until we have significant court decisions that provide some clarity
to contradictions in the law and new laws regulating medical
marijuana are tested, medical marijuana will be an open issue in
Castle Rock, in Littleton (where Mayor Doug Clark has spoken in favor
of asking Littleton voters the same basic question Douglas County
discussed this week) and everywhere else in the state.

We're the better part of a year away from that case going to trial
and it's doubtful that case, which predates HB 1284 and SB 109 and is
anticipated to be heard before those laws go into effect, will even
test new medical marijuana regulations.

This brings me back to my question at the beginning of this column:
Which law at which level of government drives the agenda of medical
marijuana? I still don't know for sure.

If you think any of these ballot questions or new regulations are
going to bring the medical marijuana debate to a close, think again.
We're a long, long way from this issue being decided.