Pot suit court conference set for day ballots go out

Both sides involved in a local medical marijuana lawsuit are working against the clock.  

A consortium of 15 companies and individuals tied to the industry is suing El Paso County’s five commissioners and the county clerk to remove a Nov. 2 ballot issue that calls for a prohibition on medical marijuana businesses in unincorporated areas of the county. The ballots have been printed and are scheduled to be sent Tuesday to voters who requested mail-in ballots.

The group is seeking a preliminary injunction “as quickly as possible” to have the measure taken off the ballot, Jessica Corry, an attorney with Hoban & Feola LLC, said Wednesday. The Denver company is one of three law firms representing the plaintiffs, who filed the case Monday.

“Obviously, time is of the essence,” Corry said.

The lawsuit was filed as soon as it was ready, she added.

Meanwhile, the county is petitioning the 4th Judicial District Court to push all hearings on the matter to after the election, said County Attorney William H. Louis.

“How do you remove it from the ballot, under a week from it being mailed out? My opinion is that’s it’s impossible to do. It would cost several hundred thousands of dollars to reprint,” Louis said.

The county is working to obtain an “emergency status conference” with the judge, he said.

An initial telephone conference for lawyers representing both sides is set for Tuesday. They will receive a list of potential hearing dates then, Corry said.

County commissioners voted on Aug. 26 to place the question before voters in the November general election.

The county approved regulations for medical marijuana businesses and licensed them, so it can’t now let voters decide if they should be shut down, the plaintiffs claim. State law says local jurisdictions can regulate or prohibit, not regulate and prohibit, the suit says.

Although other jurisdictions have banned such businesses, Corry said state laws governing the industry remain vague and open to legal challenges.

Her law firm also is involved with the state’s first challenge to local bans, which it filed after the town of Centennial shut down a dispensary that had a valid business license. Although the plaintiff won a preliminary injunction to reopen the store, the ruling came before Colorado lawmakers passed House Bill 1284,  which allows Colorado communities to regulate medical marijuana businesses, either by public vote or local government decision-making. A trial for that case has been set for March.

The El Paso County lawsuit is crucial, Corry said, because of the size of the county, the number of patients — estimated by a group opposing the ballot measure to be 15,000 to 25,000 residents — and the county’s projected property tax revenue declines. In tough economic times the county shouldn’t close up legally operating and flourishing businesses, she said.

Louis said he believes the county is in compliance with state laws that govern the medical marijuana industry and will prevail in letting voters decide the fate of businesses.