The owner of a recently shuttered medical marijuana center is suing El Paso County commissioners after they put one of four dispensaries in unincorporated areas out of business.
Shane Zacher’s attorneys filed a complaint last month asking a judge to review the board’s 3-to-2 vote May 30 to deny a license renewal for his dispensary, New Horizons, previously at 1460 Woolsey Heights. Zacher’s lawyers argue that the board abused its power, basing its judgment on several “minor” violations that were promptly corrected.
“It was like getting shut down for a parking ticket,” said Zacher, who opened New Horizons in 2010. “I don’t think that’s right.”
Last year, inspectors from Colorado’s Marijuana Enforcement Division found that New Horizon’s plant inventory was inaccurate, the center exceeded its allowed plant count by five and many of its plants were improperly labeled, according to the complaint. Another inspection in May found more violations, including an outdated access log and vegetation room record and a glitch in the security system preventing cameras from monitoring the sales area.
For commissioners Mark Waller, Longinos Gonzalez Jr. and Stan VanderWerf, the violations were reason enough to deny the renewal.
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