Pubdate: Tue, 22 Jun 2010
Source: Canon City Daily Record (US CO)
Copyright: 2010 Royal Gorge Publishing Corporation.
Contact:  http://www.canoncitydailyrecord.com/
Details: http://www.mapinc.org/media/3387
Author: Charlotte Burrous

COUNCIL OKS MEDICAL MARIJUANA REGULATIONS

Callox, LLC, Attorney Says Clients Upset With  Restrictions In
Ordinance

Although it was met with some  opposition Monday, the Canon City
Council approved an  ordinance establishing regulations for the
licensure of  medical marijuana facilities on first reading and an
ordinance imposing a temporary moratorium on new  medical marijuana
dispensaries on second reading.

During the discussion, Lauren Maytin, an attorney in  Pitkin County
representing Callox, LLC, said her  clients had purchased a piece of
property in the  central business district with the purpose of setting
  up a medical marijuana facility.

However, the zoning still is under consideration.

"They submitted an application to do business in your  city," she
said. "That packet includes a letter (from  the city)."

The application in question is one for a city sales-tax  license and
has been responded to by staff, which  indicated to the applicant that
the staff was not in  the position to process that application last
Friday,  said City Attorney John Havens.

When the zoning ordinance comes to the council, the  members can
decide whether to allow medical marijuana  facilities in various zone
districts.

Originally, the council determined the two places most  appropriate
would be central business and commercial  and has since reconsidered
its position.

After reiterating what had happened since February,  including a
120-day moratorium on medical marijuana  facilities, Maytin said, the
General Government  Committee had recommended against approving a
citywide  ban on medical marijuana facilities.

"They had staff prepare an ordinance restricting  medical marijuana
facilities in general commercial and  industrial despite the city
contemplating having them  in central business district," Maytin said.

During this time, Callox purchased a building on Main  Street with the
idea of setting up a medical marijuana  facility.

After looking at the requirements for being in a  business zone, "it
fit perfectly; a medical clinic,  which it is; a professional
building, which it is; a  retail taxable (product), which it does and
the  availability of off street parking, which it has,"  Maytin said.

She said the council is right to discuss the  possibility of potential
challenges to the ordinances.

"It's really important not to alienate the sick or  seriously
debilitating persons by making their  medications (unavailable),"
Maytin said. "With all  these positive attributes on Main Street, it
did lead  my clients to a contract for purchase," she said.

If the city should decide to enter the ordinance with  zone
restrictions, she said she could perceive several  actions that might
arise.

"My clients do stand to lose a lot of money with the  loss of the
building," Maytin said. "I will suggest  that none of these challenges
are necessary ... and  quite frankly, they were only discussed as a
last  resort."

She suggested the council consider a variance to allow  her clients to
pursue the medical marijuana facility at  that location.

After her discussion, Mayor Tony Greer asked for advice  from Havens,
who said the council did not want to try  the case during the council
meeting.

"But you're being threatened with a lawsuit, based on  interpretation
of what you've done prior to now,"  Havens said. "I will remind this
council there has been  no determination with respect to whether it
intends to  allow any new medical marijuana center or other form of  a
facility within the city. This process we've been  going through for
several months is drawing toward its  conclusion."

He said the realtor who signed the contract as the  broker was aware
of the issues the council had  discussed.

"On the seventh of June, you entered in and passed on  first reading a
second moratorium ordinance to create a  situation where you gave
yourself additional time to  get finished with this process," Havens
said.

He said in his opinion, the city could use the pending  ordinance to
fight the lawsuit.

"This is a threatening lawsuit, and probably has no  direct bearing to
what we're doing," Havens said.  "There's certainly reasons to
consider it (when it is  on the agenda)."

Prior to the vote, Councilman Kevin Grantham said there  are a lot of
reasons to vote for and against the  ordinance.

"I've known several people who used marijuana, which  was essential,"
he said. "They needed it."

But still, he said he could not vote for the ordinance.

"I'm still not convinced that these storefronts were  what the
amendment intended," Grantham said.

After several more minutes of discussion, the council  approved the
ordinance to establish rules and  regulations for medical marijuana
facilities by a 4-1  vote. 
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MAP posted-by: Jo-D