Tue March 22, 2011

Loveland Medical Marijuana Dispensaries to Remain Closed, For Now

A judge in Colorado’s 8th Judicial District decided not to allow three Loveland medical marijuana dispensaries to remain open after the city’s March 1 ban. But a case challenging the ban will continue through the court.

Rob Corry, a lawyer representing three medical marijuana dispensaries and unnamed patients, argued the ban violated their constitutional rights. But Judge Daniel Kaup disagreed. He said voters were clear when they passed a medical marijuana dispensary ban in the fall of 2010. And that the dispensaries and patients failed to prove that the inconvenience of driving to Fort Collins or Berthoud to obtain medical marijuana was causing irreparable harm.

“I think this is a step back for the patients--at least those in and around Loveland--who don’t get their medicine they were getting for years without any problems,” said Corry.

The defendants are calling the decision a victory--for now.

“I think the judge was correct in his ruling,” said Geoff Blue, deputy attorney general for the state of Colorado, which along with the city of Loveland is defending the case. “Frankly it’s just a preliminary matter anyway. This is a bigger issue than just a preliminary injunction.”

Both sides will meet again later next month for a status conference. There’s no date set yet for trial

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