| Graphic: Reality Catcher |
Medical marijuana patients in Colorado have a constitutional right not only to use cannabis, but to buy it as well, a judge ruled Wednesday.
Arapahoe County District Judge Christopher Cross ruled in favor of CannaMart dispensary, which along with three patients sued the city of Centennial after the city forced it to shut down in October, reports Kristen Wyatt of The Associated Press.
CannaMart maintains that Colorado cities
are violating the state constitution when they ban all dispensaries. Unlike similar laws in a dozen other states, Colorado’s medical marijuana law is a constitutional amendment.
The injunction granted by Judge Cross prevents Centennial from keeping CannaMart shuttered while the dispensary challenges the city’s ban on pot shops because they’re in violation of federal drug laws. The medical use of marijuana isn’t recognized under federal law.
“These are people who have a right to medical marijuana, the right to the caregiver of their choice. That has been taken away from them,” the judge said in a sharp rebuke to city officials who had claimed federal law allowed them to keep out dispensaries.
“The voters have spoken,” said Judge Cross. “It is not a criminal act in the state of Colorado.”
Stan Zislis, owner of CannaMart, said he was unsure if he would reopen the dispensary in Centennial. In the meantime, he’s opened another CannaMart in nearby Littleton.
The judge scheduled further action in the case for early next year.