Pubdate: Fri, 18 Dec 2009
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2009 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Wayne Laugesen
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

A MOVE TO RESPECT STATE'S CONSTITUTION

Grappling with the least important, most imitation  crisis in years,
The El Paso County Commission voted  unanimously Thursday to allow
medical marijuana sellers  to operate in specified commercial zones.
Commissioners, some reluctantly, decided to treat  marijuana retailers
as they do liquor stores, though  with less on-sight scrutiny.

Colorado voters approved medical marijuana 10 years  ago. It's in the
state Constitution, which trumps local  authority. A constitution
restricts the powers of  government, and the Colorado Constitution
specifically  prohibits government from impeding the sale of medical
marijuana. That leaves room only for the reasonable  time, place and
manner restrictions applied to other  businesses. It's really that
simple.

County Commissioner Sallie Clark knows some people need  marijuana. As
a medical assistant years ago in another  state, she had a cancer
patient who needed marijuana to  avoid destructive hard drugs while
coping with pain.

"It was awful, because she was an older woman and we  had to send her
out to buy it off the street from a  drug dealer," Clark said. "It was
demeaning."

Clark said the commission's decision was "enabling  legislation" to
bring the county into compliance with  state law. She had considered a
moratorium, but decided  it would violate the constitution.

"Our land use code didn't allow for it (marijuana  retail), so it was
a nonconforming use," Clark told the  Gazette's opinion department.
"Our decision was to  bring us into compliance with what voters decided."

Clark opposes recreational marijuana, and believes  Colorado's law was
intended to allow it.

Let's not fool ourselves. Clark is correct. Some  doctors write
medical marijuana recommendations for all  who seek them, and lots of
marijuana retailers are  selling primarily to recreational users. Yet
nobody can  explain how it's a problem. Conversely, it's easy to  see
how the Colorado Constitution solves a serious  problem. Eleven years
ago, a recreational user could  buy only from the criminal street
dealer - just like  Clark's elderly cancer patient. Today, the
recreational  user can avoid the street thug and buy safely from a
retailer who pays sales taxes and obeys existing time,  place and
manner retail regulations.

In a Gazette news story about the decision Thursday,  Clark said: "If
we wait any longer, we're going to have  more problems."

This comment could lead some to believe the county has  seen social
problems, such as traffic danger, raucous  parties, crime, or
loitering hippie freaks. Friday, the  Gazette's opinion department
asked Clark to explain:  "What problems would we have more of?"

"My comments were directed toward putting into place  reasonable
regulations so that anyone going forward  with a dispensary has a
clear understanding of what's  expected," Clark said.

"That sounds like in-house, regulatory concerns," we  asked Clark.
"What about social problems? Crime, and  mayhem and such?"

"I don't think we've seen a lot of that," Clark said.  "As far as I
know there haven't been any problems."

In fact, county staff members told commissioners  Thursday, they don't
have record of a single complaint  about medical marijuana. Not one
person has called and  asked for regulation. Not one person has called
to  complain of a problem associated with a buyer or  seller.

The Gazette's opinion department can find no evidence  of anyone
approaching a lectern, at a city or county  meeting, demanding a
resolution to concerns about  marijuana.

Clearly, so-called "medical" marijuana has moved  Colorado far in the
direction of de facto full-scale  legalization. Behold, it hasn't
caused problems. Nobody  cares - not the right, the left, or the
middle. Only  those in government see this as a problem to solve. A
Gallup poll in October showed a dramatic nationwide  increase in
acceptance of full legalization of  marijuana, and a dramatic decrease
in support for  continued prohibition. In western states, such as
Colorado, a clear majority support full legalization.

While it's a great idea to avoid recreational use of  any drug, the
biggest societal burden associated with  marijuana has been a
long-standing practice of  politicians using it to grow and empower
government.  Never has this "crisis" been more clearly a fraud than
in Colorado this year. 
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MAP posted-by: Jo-D