MEDICAL-POT LAWSUIT TOSSED OUT

A judge said a Longmont ban on dispensaries was not an illegal
"taking" of property.

Three medical-marijuana dispensaries have lost their fight against the
city of Longmont.

Boulder District Judge Ingrid Bakke on Friday dismissed the
dispensaries' lawsuit against the city in a ruling that mirrored her
Aug. 19 decision to not block the city's ban of marijuana-related businesses.

Bakke ruled the ban neither violated constitutional rights nor
constituted an illegal "taking" of property.

"The court concludes that there is no state constitutional right to
dispense medical marijuana," Bakke wrote in her decision. "In
addition, there is no federal constitutional right to operate a
medical-marijuana facility or to dispense medical marijuana."

City attorney Eugene Mei said he was pleased with the ruling. "It's a
little early for Christmas, but it's put a little pep in my step this
weekend to have this behind us," Mei said.

The dispensaries have 45 days to file an appeal.

New Age Wellness, Colorado Patients First and The Longmont Apothecary
sued the city on July 29, following a failed petition to put a repeal
of the ban on the November ballot. All three closed on Aug. 19 after
Bakke refused to issue a preliminary injunction, which would have
protected the businesses for the duration of the case.

The dispensaries had sought an injunction and damages from the
city.

The dispensary owners could not be reached for comment.

Longmont's first dispensary, The Longmont Apothecary, opened in
December 2008, with several others following in 2009. The city issued
a moratorium on new marijuana-related businesses in October 2009 and
approved a complete ban in May.