MEDICAL MARIJUANA DISPENSARIES CHALLENGE BAN

A Denver lawyer said late Monday he had filed suit in Larimer District
Court, on behalf of three Loveland medical marijuana dispensaries and
their patients, challenging the city's ban on medical pot that takes
effect today.

Robert Corry Jr., who has filed similar actions elsewhere in Colorado,
e-mailed a copy of his complaint to the Loveland Reporter-Herald and
to City Attorney John Duval after close of business on Monday.

His clients include Rocky Mountain Kind LLC, 1710 West Eisenhower
Blvd.; Magic's Emporium LLC, 2432 East 13th St.; and Colorado Canna
Care LLC, 129 S. Cleveland Ave.

Also named as plaintiffs are "John and Jane Does" who are "individuals
diagnosed with debilitating medical conditions who have been advised
by their physicians that they might benefit from the medical use of
marijuana." The suit said patients "will suffer imminent and
irreparable injury if they are unable to locate their medicine."

Corry's suit seeks a temporary restraining order that would allow the
plaintiff companies to continue their business.

"Loveland's sweeping ban of medical marijuana centers does not fit
within the constitutionally recognized and permitted "time, place, and
manner" restrictions applied to other constitutional rights such as
free speech," the suit says.

"Thus, the City's ban is unconstitutional, because it unduly burdens
patients and caregivers from exercising their constitutionally
protected rights" under the state's constitutional amendment
authorizing the use of medical marijuana.

Neither Corry nor Duvall could be reached for comment on the
complaint.

Loveland voters in November overwhelmingly approved a ballot measure
that gave medical marijuana businesses until today to close.