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Old 03-03-2010, 02:58 AM   Topic Starter
DenverChief DenverChief is offline
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Join Date: Mar 2001
Location: Rocky Ford
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Legal Question

So I just read that the Boulder City Council is considering new ordinances regarding Medical Marijuana Dispensaries. As some of you may or may not know Colorado has a state constitutional amendment that provides for medical marijuana to be available to the sick through licensed dispensaries.

Colorado Constitutional Amendment:
http://www.cdphe.state.co.us/hs/Medi...amendment.html

The Boulder City Council is proposing that among other things that "Law enforcement would also be allowed to conduct unannounced searches of dispensaries."
http://www.9news.com/news/article.as...3769&catid=339

Wouldn't this City ordinance be in direct violation of the State Constitution

"Section 7. The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing."

And the Federal Constitution
4th Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Now I'm not an expert in licensing requirements but something tells me that by applying for a license you are agreeing to the terms of the license set forth by the governmental agency...but if those terms violate your constitutional rights?

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