Pubdate: Sat, 05 Dec 2009 Source: Denver Post (CO) Copyright: 2009 The Denver Post Corp Contact: http://www.denverpost.com/ Details: http://www.mapinc.org/media/122 CITIES SHOULDN'T BAN DISPENSARIES Denver's council is taking the proper tact as it tries to regulate, not outright ban, the growing medical marijuana industry. Cities understandably have been scrambling to figure out rules and regulations for the medical marijuana dispensaries sprouting like weeds across the state. But far too many municipalities - including Greeley, Castle Rock, Colorado Springs and Broomfield - are just outright banning the dispensaries, citing the fact that the sale of marijuana is still illegal under federal law. We think cities have a role in regulating businesses in a manner that reflects local needs and values, but some seem to have reacted in haste or simply hope to pass the regulatory buck on to other authorities. It is wrong for cities to issue blanket bans. The Colorado Constitution grants residents with debilitating medical conditions the right to acquire and possess medical marijuana. The city of Denver can be held up as a model of sorts as it begins to address the tangled web of medical marijuana issues. The council, led by Charlie Brown, has drafted a package of proposed rules that will be voted on in January. Included in the draft are regulations on where dispensaries can be located and signage, and whether those convicted of felonies would be allowed to own a dispensary. Several cities - including Fort Collins, Aurora, Loveland and Grand Junction - have placed moratoriums on new dispensaries, allowing officials more time to consider zoning and licensing issues. Boulder issued temporary operating rules, keeping dispensaries away from schools and day-care centers. The rules don't apply to the 42 established dispensaries or another 21 that have applied for permits. State law does not address sales of the product, so local governments moved into the breach. But clearly, some cities need more direction, and many are looking to the state's General Assembly to provide it. Legislators, along with numerous advocacy groups, have begun drafting proposed legislation for the upcoming legislative session. The cultivation and use of medical marijuana was approved by state voters in 2000. Most dispensaries operated quietly and with only a few patients. This year, however, the Obama administration reversed policies on prosecuting medical marijuana providers, and a Denver District Court reversed a ruling limiting caregivers to five patients. Then, the Colorado Board of Health ruled providers did not have to offer other services to patients. Requests for permits for new dispensaries poured in, and thousands more people sought and received the required medical marijuana cards - - many of whom, no doubt, aren't suffering from the debilitating pain envisioned by voters. A lawsuit filed this past week by a Centennial dispensary and three of its clients also could shed some light on city requirements and future regulations. But a court decision or new state law could be months away. Until then, cities must recognize the intent of the law and follow Denver's example of dealing with the issue and its many facets. It's what the voters wanted. - --- MAP posted-by: Jo-D