Pubdate: Fri, 21 Aug 2009
Source: Aspen Daily News (CO)
Copyright: 2009 Aspen Daily News
Contact: http://www.aspendailynews.com/submit-letter-editor
Website: http://www.aspendailynews.com/
Details: http://www.mapinc.org/media/635

ASPEN ZONING ALLOWS POT DISPENSARIES

Medical marijuana dispensaries are allowed anywhere in Aspen that 
allows an office, the city's top planning director said Thursday.

The zoning interpretation came in response to at least two 
enterprises that have inquired where pot clinics could possibly open 
up in the city.

Aspen's land-use code does not specifically recognize marijuana 
dispensaries but Chris Bendon, the city's community development 
director, said his office examined various zoning definitions and 
determined the dispensaries should generally be treated like pharmacies.

"It's not a use that is specifically called out in our zoning code, 
which happens quite a bit. Zoning codes don't predict future uses so 
we had to do a code interpretation. We looked at uses that these are 
most similar to in regard to operation, impacts and so on," Bendon said.

"Looking at this we made the determination that it's like a pharmacy. 
The example used was Rodney's. You bash up your knee, you go to 
Rodney's get a prescription for pain," city planner Drew Alexander added.

If an operations were to sell items not deemed as incidentals of the 
marijuana dispensary, such as T-shirts, then it would likely be 
considered more like Carl's Pharmacy, a traditional drug store that 
also sells hula-hoops, model airplanes and other merchandise not 
directly relevant to health. That type of dispensary would have to 
operate in zones that allow retail activity, the city planners said.

Medical marijuana dispensaries are cropping up across Colorado. 
Voters in November 2000 approved Amendment 20, which authorizes the 
legalization of marijuana for certain debilitating health conditions. 
That, combined with a statement from the Obama administration's drug 
czar that the federal government won't crack down on medicinal 
marijuana dispensaries, has hatched a brave new world for the 
marijuana business.

In Basalt, a dispensary opened up Monday at the W.I.N.  Health 
Institute on Valley Road. Although that clinic is approved and up and 
running, town officials recently enacted a 90-day moratorium so 
planners can craft language that regulates where and how future 
dispensaries might operate.

In Carbondale, the Colorado Mountain Dispensary began operating in 
early July, and dozens of other clinics are also marijuana across the state.

The new clinic at the W.I.N. Health Institute sells marijuana but a 
sign on the front door says the drug is not kept on the premises. The 
dispensary also sells multi-vitamins, braces and items you'd find in 
a doctor's office. There are also posted signs warning that only 
adults are allowed in the business, smoking isn't allowed on the 
premises and that marijuana is sold for medicinal purposes only.

Aspen's code interpretation, which was issued Wednesday and forwarded 
to the two ventures that made the zoning inquiry, was welcomed by one 
representative of the medicinal marijuana community.

"Aspen understands it's a medicine and it's not to be stigmatized. 
People in the state of Colorado have spoken that they want this 
medicine available and not zoned into nonexistence," said Aspen 
attorney and Colorado NORML board member Lauren Maytin, who 
represents the W.I.N. Health Institute dispensary and a handful of 
other like-minded clients who are exploring their options in Aspen 
and throughout the Interstate 70 corridor.

Maytin noted that just because marijuana is legal in Colorado for 
medicinal purposes, users are not allowed to drive a car, bike or 
other vehicle. One of her clients, L.E.A.F. (Locals Emporium of 
Alternative Farms), is close to signing a lease and will soon be 
operating within Aspen's city limits.

Local law enforcement has not expressed opposition to the clinics. 
But other cities and towns in Colorado haven't been so tolerable.

"There's a lot of 'chatter' in the planning and police communities 
around the state concerning these type of businesses," Bendon said. 
"Many jurisdictions are taking the approach of managing these 
businesses as a nuisance, similar to how sex businesses are often 
regulated -- it has to be at least X feet from churches, child care 
centers, public parks, etc."

Bendon explained that while that approach is "legitimate" it makes a 
moral judgment not reserved for liquor stores, bars or pharmacies. 
"That's not the route we're taking. We haven't taken that approach before."

Bendon forwarded his office's land-use interpretation along with a 
short memo to Aspen City Council, which has not weighed in on the topic yet. 
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MAP posted-by: Richard Lake