Pubdate: Wed, 09 Jun 2010 Source: Journal Advocate, The (Sterling, CO) Copyright: 2010 MediaNews Group, Inc. Contact: http://www.journal-advocate.com Details: http://www.mapinc.org/media/4033 Author: Forrest Hershberger COUNCIL JUST SAYS NO TO MEDICAL MARIJUANA STERLING - The Sterling city council amended then approved the first reading of an ordinance that would keep medical marijuana out of the city of Sterling. The council has kept any potential dispensary businesses at bay this year with moratoriums banning medical marijuana businesses from the city. Councilman Jerry Haynes introduced the motion to ban medical marijuana production and dispensing within the city with councilman Rocky Joy offering the second. City attorney Kelly Barlean said Gov. Bill Ritter recently signed a bill that allows cities to ban the production and sales of marijuana products for medical purposes. Mayor Larry Fetzer questioned if the proposed ordinance is necessary. "The question I have is, are we jumping the gun," Fetzer said, "and question two is when does our moratorium expire?" Barlean said the city's moratorium is not scheduled to expire until July. He said he wanted to be sure there is some overlap in relation to when most laws go into effect. Haynes said he supports the ban to let the community know what the city thinks. "The only reason I'm in favor of banning - approving the ordinance to ban, is so people know how city feels about it," Haynes said. Joy said if the city decides now, it could avoid conflicts later. Councilwoman Heather Delgado-Diaz said she questions if the ordinance is necessary because there are no pending applications. "But either way, we need to look at it tonight," she said. The ordinance as presented acknowledges the Colorado Revised Statues allow for municipalities to ban the "operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturer's licenses." Approving the ordinance would prohibit medical marijuana sales within the city. Councilwoman LeAnn Rieb said the ordinance will not stop marijuana consumed for medical reasons in the city of Sterling, citing an advertisement in a local newspaper promoting a medical marijuana service. The service based in Washington County advertises delivery service that includes the city of Sterling, Rieb said. The council approved amending the ordinance to include invalidating the ordinance if action is taken by "any Colorado court order." The ordinance already stated that should any part of the ordinance become invalid by action taken by the Colorado legislature, city council would then impose a one-year moratorium. First reading of the ordinance was approved 7-0. Second reading and public hearing will come before the city council on July 13; no city council meetings will be held on June 22 or 29. A Colorado Municipal League meeting will be held the week of June 22 and consequently there will be no meeting. June 29 is a fifth Tuesday. Council members decided to schedule the second reading for the next formal meeting. In other business, the council approved renewal of a hotel and restaurant liquor license for T.J. Bummers, held a short executive session for consultation on personnel matters, heard an update on Enterprise Zone definitions to include the Sterling Public Library and Sterling airport, and learned that the Northeast Colorado Association of Local Governments is seeking a letter of support for a grant application. The grant is for funding to replace three busses. The grant would be for about half the cost, City Manager Joe Kiolbasa said, at no cost to the city. - --- MAP posted-by: Jo-D