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CENTENNIAL - A marijuana dispensary in Centennial is allowed to reopen its doors and resume serving medicinal cannabis to its patients while it fights a city ban, a judge ruled on Wednesday.


"The court cannot shut down CannaMart by using federal law as a basis," Arapahoe County District Judge Christopher Cross said Wednesday.

Cross' ruling settled a dispute between the city and the medical pot shop after the city shut down the dispensary last fall after only a few weeks in business. CannaMart sued, saying it was a legal business and that cities cannot ban all marijuana dispensaries.

Cross granted a temporary injunction to allow the dispensary to continue to operate while it fights Centennial's ban against medical pot dispensaries.

"No one knows what the law is until the Supreme Court gives such a ruling," Cross said. "All I'm doing is giving my interpretation."

The lawsuit dragged on for two weeks, and the judge said last week he would need more time to consider the case. Several cities across Colorado were watching to see whether it is permissible for them to ban all marijuana shops, or whether the state constitution means cities have to allow at least some dispensaries.

"There was no easy answer in this case," Cross said. "There were a lot of contradictions in this case."

Cross was referring to a federal law making it illegal and State Amendment 20 that legalizes marijuana for medical purposes in Colorado.

Zoning laws, however, may play a role in the case, since the current site where CannaMart operates is not zoned for a pharmacy. A city lawyer says he plans to consult with the city council regarding the matter.

The owner of CannaMart says he's not sure yet when he'll reopen his dispensary - or where.

Both sides are due to meet with a judge on Jan. 28 at 1:30 p.m. to decide on when to hold a trial.
(The Associated Press contributed to this report. Copyright KUSA*TV, All Rights Reserved)

9NEWS.com | Denver | Colorado's Online News Leader | Judge orders city to allow medical marijuana dispensary


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