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kolah
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House Bill 10-1284 in it's entirety:
http://coloradomedicalmarijuana.net/Colorado-HB-1284-Final.pdf
this is old but I take it that this is what went down:
Ft Collins to Vote on Ban
Fort Collins will put the future of medical marijuana dispensaries into the hands of the voters. All related businesses would also be shutdown. This ban on dispensaries is now possible due to Chris Romer and Nancy Spence's Colorado House Bill 1284 (HB 1284). Previously it was unconstitutional for municipalities to ban legitimate law abiding medical marijuana businesses since this limits patient rights as outlined in the Colorado constitution. (kolah note: this is my beef, as to it's unconstitutionality)
The vote will take place on November 1st in Fort Collins. Ballot question 300 would flat out ban licensed medical marijuana businesses form operating within the city. This includes growers, producers of marijuana infused products, and of course dispensaries. Dozens of businesses would be shown the door it this passes, and many more employees will join the jobless. Tax revenues generated from these businesses will also dry up at a time when city budgets are difficult to balance.
Other Colorado cities have already voted to ban mmd's. Grand Junction, Castle Rock, Loveland, Greeley, Windsor are a few of the Colorado municaplities that have voted for an outright ban. This truly hurts the legitimate patients as they are forced to travel long distances in order to receive access to meds. While there are some recreational users acquiring marijuana, this is not an issue for them since it's relatively much easier for able bodied folks to travel back and forth. Many patients are reliant upon assistance from others and need easy access to safe meds. It appears that Chris Romer has decided it's much better for these often terminal patients to be buying unsafe meds in a back alley. His HB 1284 was clearly unconstitutional as it denies patient rights and Colorado voter opinion in his personal quest to destroy medical marijuana in Colorado.
The big money is clearly in favor of banning marijuana shops in Fort Collins. The pro ban (and anti-constitutional) group has raised a reported 8x more money than the pro mmd side. This means the propaganda is well funded. It's a rather sad commentary when such a large amount of capital can be raised to directly hurt terminally ill and other patients, while so much suffering, homelessness and humanitarian causes are in need of donations. This difference in capital raised is not likely to be a relavant predictor in the outcome of ballot question 300. What will be the deciding factor is how many people actually get out and vote. http://coloradomedicalmarijuana.net...-right/fort-collins-to-vote-on-dispensary-ban
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|It is my strong opinion that HB 1284 is unconstitutional legislation. Amendment 20 of the Colorado Constitution is typical of constitutional law because it enhances freedom for individuals and limits the authority of government. It’s true that amendment 20 doesn’t specify a right to medical marijuana stores. But what in the state or federal constitution grants a right to sell Bibles, books or liquor or to run a 7-Eleven? The right to sell medical marijuana is inherent in the right of individuals to acquire and possess it.
The key to MMJ in Colorado rests with the protections provided by Colorado Amendment 20, which states, among other things, that medical use means the acquisition, possession, production, use, or transportation of marijuana or paraphernalia
State laws and local ordinances that ban the sale, or acquisition of medical marijuana, fly directly in the face of Amendment 20, and would most likely, be considered unconstitutional according to a recent article entitled, “Marijuana Stores Are A Bit Like Churches.”
The right to sell medical marijuana is inherent in the right of individuals to acquire and possess it. If it’s not, we can eliminate any right by simply banning vendors of protected goods and services.
The U.S. Constitution protects the individual’s right to worship, for example. For some, worship requires a church, a megachurch, a mosque, a synagogue or a temple. The constitution doesn’t mention worship facilities, yet it protects them. The First Amendment doesn’t mention bookstores, yet it has protected them — even the dirty ones. The Second Amendment doesn’t mention gun sales, yet the right to keep and bear arms protects them.
In most of the U.S., any law-abiding adult age 21 or older has the right to acquire and consume alcohol. The 21st Amendment to the U.S. Constitution protects us from federal interference with drinking.
Yet, in the debate over medical marijuana stores, it’s often pointed out that hundreds of counties throughout the Old South forbid liquor stores despite the Constitution. If local governments can ban liquor stores, the argument goes, they can ban marijuana stores despite Amendment 20.
But there’s a huge distinction between the repeal of prohibition and the affirmative right to obtain medical marijuana. Local governments are able to forbid alcohol sales because the 21st Amendment specifically lets them. Section 2 of the 21st Amendment states: “The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.”
Amendment 20 says nothing of the sort, and it’s far from ambiguous. It enhances the rights of individuals and impedes the authority of government.
http://coloradomedicalmarijuana.net/Colorado-HB-1284-Final.pdf
this is old but I take it that this is what went down:
Ft Collins to Vote on Ban
Fort Collins will put the future of medical marijuana dispensaries into the hands of the voters. All related businesses would also be shutdown. This ban on dispensaries is now possible due to Chris Romer and Nancy Spence's Colorado House Bill 1284 (HB 1284). Previously it was unconstitutional for municipalities to ban legitimate law abiding medical marijuana businesses since this limits patient rights as outlined in the Colorado constitution. (kolah note: this is my beef, as to it's unconstitutionality)
The vote will take place on November 1st in Fort Collins. Ballot question 300 would flat out ban licensed medical marijuana businesses form operating within the city. This includes growers, producers of marijuana infused products, and of course dispensaries. Dozens of businesses would be shown the door it this passes, and many more employees will join the jobless. Tax revenues generated from these businesses will also dry up at a time when city budgets are difficult to balance.
Other Colorado cities have already voted to ban mmd's. Grand Junction, Castle Rock, Loveland, Greeley, Windsor are a few of the Colorado municaplities that have voted for an outright ban. This truly hurts the legitimate patients as they are forced to travel long distances in order to receive access to meds. While there are some recreational users acquiring marijuana, this is not an issue for them since it's relatively much easier for able bodied folks to travel back and forth. Many patients are reliant upon assistance from others and need easy access to safe meds. It appears that Chris Romer has decided it's much better for these often terminal patients to be buying unsafe meds in a back alley. His HB 1284 was clearly unconstitutional as it denies patient rights and Colorado voter opinion in his personal quest to destroy medical marijuana in Colorado.
The big money is clearly in favor of banning marijuana shops in Fort Collins. The pro ban (and anti-constitutional) group has raised a reported 8x more money than the pro mmd side. This means the propaganda is well funded. It's a rather sad commentary when such a large amount of capital can be raised to directly hurt terminally ill and other patients, while so much suffering, homelessness and humanitarian causes are in need of donations. This difference in capital raised is not likely to be a relavant predictor in the outcome of ballot question 300. What will be the deciding factor is how many people actually get out and vote. http://coloradomedicalmarijuana.net...-right/fort-collins-to-vote-on-dispensary-ban
------------------------------------------
|It is my strong opinion that HB 1284 is unconstitutional legislation. Amendment 20 of the Colorado Constitution is typical of constitutional law because it enhances freedom for individuals and limits the authority of government. It’s true that amendment 20 doesn’t specify a right to medical marijuana stores. But what in the state or federal constitution grants a right to sell Bibles, books or liquor or to run a 7-Eleven? The right to sell medical marijuana is inherent in the right of individuals to acquire and possess it.
The key to MMJ in Colorado rests with the protections provided by Colorado Amendment 20, which states, among other things, that medical use means the acquisition, possession, production, use, or transportation of marijuana or paraphernalia
State laws and local ordinances that ban the sale, or acquisition of medical marijuana, fly directly in the face of Amendment 20, and would most likely, be considered unconstitutional according to a recent article entitled, “Marijuana Stores Are A Bit Like Churches.”
The right to sell medical marijuana is inherent in the right of individuals to acquire and possess it. If it’s not, we can eliminate any right by simply banning vendors of protected goods and services.
The U.S. Constitution protects the individual’s right to worship, for example. For some, worship requires a church, a megachurch, a mosque, a synagogue or a temple. The constitution doesn’t mention worship facilities, yet it protects them. The First Amendment doesn’t mention bookstores, yet it has protected them — even the dirty ones. The Second Amendment doesn’t mention gun sales, yet the right to keep and bear arms protects them.
In most of the U.S., any law-abiding adult age 21 or older has the right to acquire and consume alcohol. The 21st Amendment to the U.S. Constitution protects us from federal interference with drinking.
Yet, in the debate over medical marijuana stores, it’s often pointed out that hundreds of counties throughout the Old South forbid liquor stores despite the Constitution. If local governments can ban liquor stores, the argument goes, they can ban marijuana stores despite Amendment 20.
But there’s a huge distinction between the repeal of prohibition and the affirmative right to obtain medical marijuana. Local governments are able to forbid alcohol sales because the 21st Amendment specifically lets them. Section 2 of the 21st Amendment states: “The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.”
Amendment 20 says nothing of the sort, and it’s far from ambiguous. It enhances the rights of individuals and impedes the authority of government.
