The suit – filed Aug. 5 on behalf of Herbal Remedies at West 72nd Avenue and Federal Boulevard – is the first legal challenge to a new state law that gives communities explicit permission to ban dispensaries. The dispensary owner argues that such bans violate the medical-marijuana protections in the state constitution.
“This will be a test case for the entire state as to whether the bans are legal,” said Sean McAllister, one of Herbal Remedies’ attorneys.
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McAllister said Herbal Remedies has been open for more than a year and has stayed open in defiance of the ban, which Westminster adopted late last year. State lawmakers passed a bill saying communities can ban dispensaries, and the governor signed it June 7.
McAllister said the bill is unconstitutional.
“This is about a patient’s right to access marijuana,” he said. “That right
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Medical Marijuana Dispensary Ordered Shut Sues Westminster http://bit.ly/9PMP6x