News » Judge Throws Out Case in Longmont, Colorado

December 19, 2011 by Aaron Turpen

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Photo: Times-Call

Three medical marijuana dispensaries suing the City of Longmont in Colorado for violating constitutional rights in banning dispensaries had another blow when Boulder District Judge Ingrid Bakke threw out their case. The judge had previously ruled in favor of the city’s block on marijuana-related businesses.

The ban, according to the judge, neither violates constitutional rights nor was it an “illegal” taking of property. “The court concludes that there is no state right to dispense medical marijuana,” she wrote in her decision. City attorney Eugene Mei was pleased with the decision and called it a Christmas gift.

The dispensaries have 45 days to file an appeal and will likely do so. New Age Wellness, Colorado Patients First and The Longmont Apothecary began the suit in July after a petition failed to gather enough signatures to get on the November ballot and challenge the ban. Judge Bakke refused a preliminary injunction pending the suit, forcing the businesses to close.

The Longmont Apothecary was the first dispensary to open in Longmont back in 2008. Others followed in 2009 before the city issued a moratorium on them later that year. A complete ban was issued in May of 2010 and current businesses were told to close by the first of the year.

Tags: Colorado, Longmont, medical, MMJ