COUNTY TO SEEK DECLARATORY JUDGEMENT ON POT CENTERS

Douglas County officials will leave the fate of three medical
marijuana dispensaries in the hands of a judge.

County attorney Lance Ingalls advised the Board of Douglas County
Commissioners to seek clarification on the issue that has left
dispensary owners in Highlands Ranch, Castle Pines and Franktown
wondering whether they will be able to stay open after July 1. Several
residents attended a meeting Jan. 11 and claimed that the medical
marijuana ballot question posed to voters in unincorporated Douglas
County in November did not specifically address the existing centers.

Commissioner Jack Hilbert said the issue "may end up in many courts"
because of differing opinions. Some say the ballot question prohibits
all dispensaries, new and old, and commissioner Jill Repella said the
county could face a lawsuit from voters if existing centers are
allowed to remain open. However, the dispensary supporters say the
county vote does not hold up against state statutes, as well as
constitutional Amendment 20, and infringes on the rights of business
owners.

Ingalls said a declaratory judgement, in which a judge weighs all of
the facts and interprets legal language contained in regulatory
documents, would be the fastest way to resolve the issue. No date has
been set for a hearing.