Two medical marijuana dispensaries are suing the Department of Revenue, stating they are facing criminal pot charges only because a medical distribution guide line is too vague to follow.
The Colarado Springs owners, Michael Kopta and Alvida Hillery say it is unclear whether they may start growing as soon as perspective patients apply, or whether to wait until they are approved, or wait until a later date.
The two owners face criminal pot charges in another court case following their arrest held this past year.
They then filed a lawsuit last week in a Denver District Court and it asks a judge to issue an order compelling the Department of Revenue to clarify the rule.
There is a limit of six plants for every patient, and several other medical marijuana dispensary owners face similar charges after being unable to follow the guideline properly, according to the DENVER POST.
“These center owners are not in the business to commit felonies,” said their attorney Sean McAllister. ”They are in business to comply with the law. … They cannot comply with the law if it is ambiguous and results in an unclear application.”
It would be interesting to see whether their law suit would have any direct affect on their possession charges from the previous arrests.
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