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. 
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MAP posted-by: Jo-D