[420 Girl]

CO - Medical marijuana dispensary MediGrow will not only have its day in court, it will have several.

Windsor Town Attorney Ian McCargar said today that the town is involved in three separate actions with the owner of the dispensary and that a couple court dates are upcoming, one as early as next week.

All of the actions stem, in part, from the actions of MediGrow owner Lazarus Pino who has kept his business open in defiance of the town’s current moratorium on medical marijuana dispensaries.

“The town is fining the business $600 a day,” McCargar said. “The fines are because they’re operating in defiance of the moratorium ($300 a day) and because they’re in violation of the town’s building codes ($300 a day).”

MediGrow is located at 1295 Main St., Unit A. It is one of three medical marijuana dispensaries operating in Windsor. The other two, A New Dawn Wellness Clinic and In Harmony Wellness, are operating legally under town regulations.

Pino, in response to the town’s actions, has filed a motion to dismiss all the town’s efforts at prosecution. The business’ first court appearance, a hearing on the subject, is scheduled for Feb. 25 in Windsor Municipal Court. The hearing is open to the public and will begin at 1:30 p.m.

The second legal action addresses MediGrow’s lack of a building permit.

“Because of the moratorium, no building permits have been processed for medical marijuana dispensaries,” McCargar said.

The building lacks a proper ventilation system, and because of that, Windsor Director of Planning Joe Plummer issued a cease-and-desist order on Dec. 31, 2009 for the business due to an unsafe environment.

When Pino ignored the order, notices were hung on the door of his business.

Pino is appealing the decision and questioning whether the cease-and-desist order is valid. The Windsor Board of Adjustment will consider the appeal on March 25.

Pino also is fighting the town in Weld County District Court. The town is seeking an injunction against MediGrow to make them cease operations. There is no court date set yet for the district court hearing.

Because Pino has been fined daily for more than a month and his business continues to stay open, the public perception has been that the town is doing nothing to make the business obey the law.

McCargar said that isn’t the case.

“I don’t want the impression that the town is not prosecuting this business,” McCargar said. “We are working to get them to stop


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