Judge Rules in Favor of Medical Marijuana Dispensary

Judge Rules in Favor of Medical Marijuana Dispensary

A judge in Arapahoe County has ruled in favor of a dispensary shuttered by the city of Centennial in a case that has potentially far-reaching implications.

As the city of Denver and the Colorado's state legislature takes up the issue of medical marijuana and MM dispensary regulation, an Arapahoe county court has ruled that medical marijuana patients have the right not merely to consume medical cannabis, but purchase it, as well.

While it appears on the surface that this ruling would pertain only to the discrete court case at hand, it has broader implications that could benefit medical marijuana patients in Denver and throughout Colorado.

Under Amendment 20, passed in 2000, patients have the right to consume medical marijuana grown by themselves or a caregiver. The term "caregiver" has been broadly interpreted to include medical marijuana dispensaries - businesses whose primary, or even sole function, is dispensing medical marijuana to registered MM patients. Until now, the right to purchase medical marijuana has been merely implicit in Amendment 20's language. That is, there is no language in the amendment that specifically mentions MM dispensaries or a patient's right to purchase from them.

The case in question involves a dispensary in Centennial that was shut down by city officials on the grounds that the dispensary violated federal drug laws. The judge in the case, Christopher Cross, reprimanded the city, saying the right to use medical marijuana was enshrined in Colorado's constitution. The right to purchase medical marijuana from a caregiver of one's choice is a direct corollary of Amendment 20 and something in which no Colorado city has the right to interfere.

We applaud Judge Cross's decision and hope that it will inform the debate as the state moves forwards with plans to regulate medical marijuana dispensaries. Currently, the city of Denver is proposing their own set of regulations due to be debated this month. This year's session of the Colorado General Assembly is also certain to see fierce debate on the issue soon.