Pubdate: Fri, 09 Apr 2010 Source: Pueblo Chieftain (CO) Copyright: 2010 The Pueblo Chieftain Contact: http://www.chieftain.com/ Details: http://www.mapinc.org/media/1613 Author: Peter Roper COUNTY TAKES FIRST LOOK AT MEDICAL POT RULES But officials still hope the Legislature deals with the issue. Pueblo County commissioners are beginning to cobble together regulations for overseeing medical marijuana growers and dispensaries, although much of the work will depend on what help city and county governments get from the Legislature. Two measures are being considered in the Legislature to address the licensing medical marijuana stores, called dispensaries. But Pueblo County, like Pueblo city government, has a moratorium on granting any business or sales tax license to those businesses before the county adopts its own regulations. Kim Headley, the county's planning director, walked the commissioners through the rough draft of a licensing plan Thursday morning. It would limit locations for growing marijuana to agriculture zones in the county and require they be indoor. Dispensaries would be limited to B-4 business zones, but could not be closer than 1,000 feet from schools, residential areas, churches, and other public uses. Currently there are four known dispensaries in the county, and at least two would not be in compliance with the proposed regulations, Headley said. "We've been clear all along that none of these dispensaries would be grandfathered into compliance if they don't meet our final regulations," Headley told the commissioners. He added that county officials have notified the two dispensaries that have opened since the moratorium that they are out of compliance. The dispensaries are operating in a hazy legal realm. While it is still against federal law to possess, grow or sell marijuana, state voters approved Amendment 20 nine years ago to legalize the medical use of marijuana. County officials, including Sheriff Kirk Taylor, have taken a wait-and-see approach to the fledgling businesses. As long as the dispensaries do not cause other crime problems, county deputies and city police have left the dispensaries alone for the time being -- acting on the assumption the Legislature would give local governments regulations and guidelines for dealing with the marijuana businesses. Commissioner Anthony Nunez said the county needs to be cautious and not use county regulations as a defacto ban on the establishment of any dispensaries. "If these businesses are legal and we have the ability to tax them, I'd hate to see us create such strict regulations that all of them go over the border to El Paso or Fremont counties," Nunez said. Headley said the Legislature is looking at measures that include strict background reviews for dispensary owners and other limitations on the businesses. "From what I'm hearing, as many as 60 percent of all these dispensaries could have to close up once the Legislature is done adopting regulations," he said. Commission Chairman Jeff Chostner warned that there was a chance the Legislature would stall on the marijuana issue and not reach agreement on how to regulate it. "That would leave us in a situation where we wouldn't expect any guidance until next January at the earliest, and I don't think we can afford to wait that long," he said. Headley said Thursday's discussion was a preliminary review of how the county might regulate the marijuana stores and growers. The commissioners are not likely to take any action on a policy until after the Legislature adjourns in May. - --- MAP posted-by: Jo-D