Medical marijuana center bans have been much on our minds lately, with Let Us Vote COS attempting, and failing, to meet deadlines, and the El Paso Board of County Commissioners deciding to postpone its decision on whether to refer an MMC ban to the ballot.
So it's in this climate that City Councilor Sean Paige weighs in on his blog for Local Liberty Online, and says that banning centers will do nothing but harm. Paige has long been an advocate for MMJ in the city and, along with Councilor Tom Gallagher, was instrumental in the early days of its task force creation.
The legal arguments for a dispensary ban were never very strong, but they were undermined considerably by muddle-headed legislators (led by some from El Paso County) who, as typical politicos, wanted to have it both ways. HB-1284, the "fix" that made matters worse, legitimized the dispensary model with one hand, while allowing local governments to ban them with the other, mailing out an engraved invitation to the sorts of legal challenges we're seeing in Westminster. If dispensaries are allowed, they must be constitutional. And if they are constitutional, banning them, even by a vote, would be unconstitutional.