Medical marijuana: Rob Corry files temporary restraining order to fight Castle Rock ban

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Rob Corry.
Update: Plants 4 Life, Castle Rock's only medical marijuana dispensary, had been ordered to close by 7 p.m. yesterday in accordance with the MMJ retail-sales ban passed by the town last week. But late in the afternoon, attorney Rob Corry, who's been fighting on behalf of Plants 4 Life since last year, sent a letter to Castle Rock's town attorney announcing his intention to file a temporary restraining order in an effort to halt the action.

Corry has been down this path before. A temporary restraining order filed against Loveland, which passed a similar ban, was rejected last month. In an interview with Westword seen in its entirety below, Corry stressed that this ruling didn't set precedent, but said, "We need to learn from what's developed in other cases." He added that the portion of House Bill 1284, the state's main MMJ regulatory measure, that allows municipalities to prohibit dispensaries by governmental or popular vote "makes a preliminary injunction more difficult."

Nonetheless, Corry is taking another swing. Look below to see his letter to the town attorney (also copied to Colorado Attorney General John Suthers), followed by our previous coverage:

Robert J. Slentz, Castle Rock Town Attorney

John Suthers, Colorado Attorney General

Dear Counsel:

As discussed previously, please be advised that my clients Plants 4 Life and Medical Marijuana patients will file a lawsuit today against the Town of Castle Rock seeking a Temporary Restraining Order and Prelininary Injunction regarding the Town's putative Prohibition of Medical Marijuana-related activities.

We will forward you the filed complaint with case number, and other information when available. Please contact me with any questions... Thank you for your attention to this matter.

Robert J. Corry, Jr.
Attorney at Law

Original item, 9:01 a.m. April 12: It's been well over a year since Castle Rock first tried to close Plants 4 Life, the community's sole medical marijuana dispensary -- but the center fought back time and again. Now, though, Castle Rock's passage of a MMJ retail sales ban appears to have sealed its doom.

Attorney Rob Corry says Plants 4 Life has been ordered to close by 7 p.m. today -- although he says "we're assessing our legal options."

Corry admits to being "very disappointed" by the Castle Rock vote -- but not especially surprised.

"The campaign against medical marijuana really was just reprehensibly fraudulent," he maintains. Opponents "put out a flier that said if residents voted in favor of medical marijuana, they were voting to put it in residences, in neighborhoods. The truth is the diametric opposite of that. They voted against retailed, regulated, taxed establishments -- and by implication, in favor of prohibition. But they also voted in favor of putting it in homes and neighborhoods, unregulated and untaxed" -- a reference to the caretaker system, which remains legal in the community under Colorado law.

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"The fact that the other side couldn't run an honest campaign speaks volumes," he continues, "and I guess they got away with it, at least for now. We didn't have the time or the resources to call them out on it properly."

Another challenge: The election took place during April, when turnout is typically much lower than during November votes.

"It was hard to motivate people to come to the polls," he concedes. "And, of course, you're fighting against the demographics of Castle Rock. It's in the center of Douglas County, one of the most conservative, heavily Republican counties in the state."

What's next? Corry says he could file for a temporary injunction on behalf of Plants 4 Life -- the same tactic that failed in Loveland last month. "That wasn't precedent, but we need to learn from what's developed in other cases," he allows.

Another angle: "Plants 4 Life has been around for quite some time, and I think they have a decent claim for damages or compensation for a governmental taking." Such a filing "wouldn't be an emergency matter," he notes. "It would be more of a long-term effort to get compensation from the government for taking property away."

Would the provision of House Bill 1284, the state's primary regulatory measure, that allows community's to ban MMJ retail sales via a vote by local officials or the citizenry as a whole undermine a takings filing? "I think HB 1284 makes a preliminary injunction more difficult," he concedes, "but a takings claim is simply compensation for something the government has taken. Now, I'm sure state law allows the government to take your home and put a railroad through it -- but that doesn't mean they don't have to pay you anything for it." The bill may be silent in regard to compensation, "but the constitutional principles of government say you can't take something away without just compensation for that property."

In the meantime, there are no clues about what's to come on Plants 4 Life's website. At present, it features only a plea to vote down marijuana prohibition on April 5. Which a majority of Castle Rock residents chose not to do.

More from our Marijuana archive: "Carol Boigon's new TV ad says marijuana dispensaries "not a jobs plan" (VIDEO)."


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10 comments
Guest
Guest

See Rob address this topic tonite at Casselman's

----->Legal Panel DiscussionHow Patients, Caregivers, Physicians and Dispensaries Can ProtectThemselves

Wed., April 13, 2011

Legalize 2012 Monthly Networking MeetingLocation: Casselman's, 2620 Walnut Street, DenverTime: 6:30pm - Campaign Updates7:00pm - Panel Discussion

Cost: FREE

Medical marijuana patients, caregivers, physicians and dispensaries are under attack by the state at an unprecedented level. Patients are losing their jobs, children and their drivers' licenses. Physicians are losing their medical licenses and facing criminal charges. Caregivers will soon have to register with the state. Dispensaries are going out of business every week, crippled by expensive regulations and local bans. Learn the things you need to do to protect yourselves in this hostile government environment.

LEGAL PANEL ATTORNEYS: Robert J. Corry Jr. (Denver), Leonard Frieling (Boulder), Danyel Joffe (Denver), Craig Small (Boulder), Ann Toney, Lawyer (Denver)

For more info: http://www.CannabisTherapyInst...

Kathleen Chippi
Kathleen Chippi

Our only option left is a lawsuit and it needs to be filed immediately. What is happening is unconstitutional.

These MMC applicants who had enough money to enter ($1,500 per strain) stains in last weeks High Times Cup for an ego boost, have donated nothing to help preserve their 'industry' or patient rights.

cannabislawsuits.com

Lil' Bird
Lil' Bird

Your asking for the wrong thing if no MMCs have donated to you.

"Fundraising is the servant of philanthropy." ~H. Russo

Lil' Bird
Lil' Bird

BTW: Plants for Life DID file for a TRO, today 4-12-11

Boulder Med Cannabis
Boulder Med Cannabis

have any dispensaries donated? I would like to shop at an MMC that supports http://cannabislawsuits.com/

observercubed
observercubed

We need $75,000 for a class action that will cover everyone statewide.

At this point NO MMC applicants have donated money to the lawsuit. The donations that have come in have been from patients (who should not have to contribute) and or unidentified people, (one caregiver).

Colorado Cannabis Growers Ass (CCGA) has donated $500 and has been working to help get donations.

Colorado Care @ 2850 Iris, Boulder is working to collect from patients and understand their plight.

I have called many of Boulder's MMC applicants and have gotten verbal support but NO money for the lawsuit.

I just don't get what people don't understand--80% of MMC applicants will eventually be closed down, just like Senator Romer promised. Applicants GAVE the DoR 8.5 million dollars to regulate themselves out of existence, but they won't help contribute to $75,000 to try to save their asses in the court of law? Does this make sense to anyone?

Caregivers are about to go through much of the same, thanks to hb1043's 'clean up' of your rights, except you won't get paid for having law enforcement polluting your grow room, tracking your gardens and weight and data collecting on you and your patients.

Why can't people come together? There are 818 applicants for MMC's and over 200 infused product manufacturers (and god knows how many caregivers). If applicants or caregivers gave $1,000/each, we would have all the money we need to CLARIFY our state constitution and our RIGHTS and begin to challenge the FEDS (who are waiting in the wings for the DoR to get their database together so they can sweep in to make the headline busts.)

The lawsuit is the ONLY option we have left and we need to file this month. cannabislawsuits.com

Boulder Med Cannabis
Boulder Med Cannabis

wow. not even a single dispensary kicked a grand?

$1500 to enter the medical cup?! are you kidding?!

C'mon guys - let's see if your MMC really has the patients at heart. The more illegal it gets, the fewer people are going to be willing to walk through your doors!

Michael Roberts
Michael Roberts

I'll alert the web folks, Kathleen, and we'll try to get to the bottom of it. Thanks for letting us know about this.

Kathleen Chippi
Kathleen Chippi

Above post was by Kathleen Chippi--NOT observercubed--I post under my name.

Westword?--As I tried to post this statement it said -- logged in as observedcubed?? I just 'logged out' as observedcubed (but never logged in as such) and am re posting under my name and hoping it works. Is anyone else having this problem?

Corey Donahue
Corey Donahue

What is the point of our constitution? The government had their deadline 10 years ago to create rules they missed it. They are going to keep fucking us untill we stand up and push back. We can't lose if we fight back it's our government we can only lose if we play fair and hope they allow MMJ. Fight back, peacefuly, it's not hard scatter seeds, go to the reps and senators and make cannabis and issue, protest the protesters etc. stand up for your rights becasue soon you won't be able to .

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