City sued for shutting down marijuana dispensary

 

A Denver suburb’s decision to deny marijuana dispensaries the right to operate within city limits may have legal consequences. Four medical marijuana patients and two caregivers have filed a suit against the City of Centennial for the recent closure of a medical marijuana dispensary.

The City of Centennial recently voted not to allow marijuana dispensaries and last month closed down Cannamart. Attorneys for the plaintiffs allege that the shutdown is a violation of Coloradan’s constitutional rights, as the law allowing the use of medical marijuana is a part of the Colorado constitution. Ignoring Amendment 20, plaintiffs say, amounts to a rejection of the voter’s desires.

In a recent interview with Westword, Bob Hoban, one of the plaintiffs’ attorneys, notes that the City of Centennial does not have the jurisdiction to enforce a federal law (marijuana, medical or not, is still illegal under federal law), and is in fact bound to enforce the state laws and constitution.

While Hoban denies the motive to set precedent in this lawsuit, the case will resonate statewide: several cities have voted to ban marijuana dispensaries (including Greeley, Broomfield, Superior, Dillon, and Castle Rock), so many residents will be closely watching the legal decision.