Cory Files first lawsuit since 1284 takes effect

[copobo]

First MMJ lawsuit filed - KWGN

DENVER - The same day that new laws regulating Colorado medical marijuana dispensaries went into affect, attorney Rob Corry filed a lawsuit challenging a separate Denver zoning ordinance that is forcing a dispensary near City Park to close.

A dispensary operated by SNW LLC, which was open for just more than two months on 20th Avenue at Vine Street, is being zoned out of the area by a Denver ordinance banning all dispensaries in residential-zoned areas, even though other clinics and apothecaries are allowed there under the law.

"We feel they're holding medical marijuana to a higher standard than any other business," Corry told FOX31. "We're not asking for special treatment, just fair treatment."

A hearing is scheduled for Tuesday, when Corry will ask for a temporary restraining order against the ordinance, so that the dispensary's patients aren't denied their medication.

Corry's firm is also busy preparing a number of lawsuits to challenge the new statewide statutes regulating dispensaries.

"We're waiting to see how they start applying the new standards," he said. "We'll file those suits once we see how the new laws are being applied."

copobo Reviewed by copobo on 07-03-2010. Cory Files first lawsuit since 1284 takes effect First MMJ lawsuit filed - KWGN DENVER - The same day that new laws regulating Colorado medical marijuana dispensaries went into affect, attorney Rob Corry filed a lawsuit challenging a separate Denver zoning ordinance that is forcing a dispensary near City Park to close. A dispensary operated by SNW LLC, which was open for just more than two months on 20th Avenue at Vine Street, is being zoned out of the area by a Denver ordinance banning all dispensaries in residential-zoned areas, even Rating: 5

[mustangwomyn]

Be intresting to see how this plays out.

Hope they get the TRO

[HighPopalorum]

I think Corry's argument is the right one to make, but I do not know if I agree. While a few kinds of clinics and apothecaries might be allowed to operate in residential areas, most retail businesses like liquor stores and pharmacies and natural grocers are not. There are good reasons for cities to restrict the areas in which certain activities are permitted; for example, some areas might not have the required parking, electrical or sewage capacity to support dispensaries and their large grow operations. I also believe neighbors could raise legitimate complaints about property value and safety. There are reasonable arguments on both sides.

Were I Denver czoning czar, I might split the difference and allow them in mixed residential-commercial zones while banning them from residential zones unless they complete the variance process. I agree that the order should be issued to allow them to continue operating while the matter is adjudicated.

[telephone]

You should look into what zoning bs Altitude Organics Medicines in hilo (or lohi - chose whatever stupid realtor marketing bs you care for) is having to deal with.

All I know is 'their' side of the story, but if it's correct they are getting the shaft from the city.

Releaf, care to chime in since you are located nearby, and may know something I do not?

[1nicegrow]

To patients: The new law reads that a primary can only charge you for the cost of the grow...not labor or overhead...they can however charge for other services...most are not offering other services so by law its cost only. as i stated in the post above...I grow for 40 and change...bout 1500 bucks every 60 days and about 2.2 oz average per plant...demand that your cargivers follow the laws and if they dont then switch to one who dose. dont let these money mongors bleed you dry.

[Zedleppelin]

To patients: The new law reads that a primary can only charge you for the cost of the grow...not labor or overhead...they can however charge for other services...most are not offering other services so by law its cost only. as i stated in the post above...I grow for 40 and change...bout 1500 bucks every 60 days and about 2.2 oz average per plant...demand that your cargivers follow the laws and if they dont then switch to one who dose. dont let these money mongors bleed you dry.

HB1284 does not state labor or overhead cannot be factored in. Why some people expect people to work for free and take all the risks is beyond me. If I had a patient with your attitude he would be dropped in a heartbeat.

[pfunk211]

To patients: The new law reads that a primary can only charge you for the cost of the grow...not labor or overhead...they can however charge for other services...most are not offering other services so by law its cost only. as i stated in the post above...I grow for 40 and change...bout 1500 bucks every 60 days and about 2.2 oz average per plant...demand that your cargivers follow the laws and if they dont then switch to one who dose. dont let these money mongors bleed you dry.

that would make it really easy to determine which of your patients to drop, wouldn't it? just keep a stack of blank change of caregiver forms and hand them out to anyone that insists that they only give you $15 for an ounce of dank because the law says one can't be compensated for all the WORK they do.

thanks for the heads up, 1nicegrow. you're barking up the wrong tree here!

if you grow for 40, you are in violation of the law (and advertising it), duh!

[Zedleppelin]

that would make it really easy to determine which of your patients to drop, wouldn't it? just keep a stack of blank change of caregiver forms and hand them out to anyone that insists that they only give you $15 for an ounce of dank because the law says one can't be compensated for all the WORK they do.

thanks for the heads up, 1nicegrow. you're barking up the wrong tree here!

if you grow for 40, you are in violation of the law (and advertising it), duh!

Or more than likely associated with a dispensary. The intent of some of these dispensaries supporting 1284 was to kill off caregivers as they could not compete with them and Romer and the rest of these idiots also thought that would be a good thing. 1284 violates United States antitrust laws and should be attacked at that angle. Filing lawsuits over certain provisions is foolish IMO, even if they win the main bill still stands.