Medical marijuana: Rob Corry announces intent to sue over MMJ laws (and swears he means it)
In addition, Corry points out that his letter to Suthers also "details individual parts of 1284 and 109 that are constitutionally suspect," including those that allow communities to ban MMJ retail operations.
The funding of the suit remains an issue. Davis told Westword that many of the larger MMJ operations -- those with the most resources -- have decided to live under the laws rather than asking the courts to strike them down, and Corry agrees. "There are many different types of people in this industry, and they don't all have the same motives," he stresses. "But some of these people have paid their fees and want to see the regulations go into place. And there is a protectionism angle on this with the moratorium being continued" -- a reference to HB 1043, which would prevent licenses for new centers from being issued until July 2012. As such, Corry says, "they have a monopoly of sorts."
The result? "I don't have full funding for the lawsuit at this point -- and I'd like to have it," Corry allows. "But I'm not going to wait for that. I've been trying unsuccessfully to fund it for months, but that's okay. There is some money, and I'm going forward at a greatly reduced rate."
He's also hoping other attorneys will join him in this mission, and is working on assembling a coalition.
In the meantime, he's informed Attorney General's office of his intent to sue, even though his reading of Suthers' April letter to U.S. Attorney John Walsh suggests that the AG believes any state employee aiding and abetting the MMJ industry is breaking federal law. Nonetheless, Corry says he received a prompt response from the office "basically saying, 'We will defend the statutes in total and won't recuse ourselves.' So I guess they're not worried about being federal criminals -- or if they are, they've made their choice. Just like the industry."
As for those who think Corry is merely rattling his sabre and won't actually follow through on a suit, he offers a simple statement: "I have every intent to file."
Page down to read Corry's letter to John Suthers.