Pubdate: Tue, 13 Jul 2010
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2010 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Tom Roeder

COUNTY COMMISSIONER WEIGH MEDICAL MARIJUANA BUSINESS
BAN

El Paso County commissioners are on the verge of putting a marijuana
business ban on the November ballot, and may even take a swing at
imposing the ban themselves.

Three commissioners, Amy Lathen, Dennis Hisey and Wayne Williams, said
after a daylong meeting today that they would like to see a ballot
measure on the ban referred to voters. The three are also mulling, but
are less likely to approve, banning the businesses with a commission
vote, which would close dispensaries in unincorporated areas.

"My preference is a vote of the people," said Hisey, the commission's
chairman.

Medical marijuana has been legal in Colorado since 2000, when voters
approved Amendment 20. But marijuana businesses really burst onto the
Colorado landscape in 2009, when the White House said it wouldn't
enforce federal marijuana laws in states where the substance is legal
for medical uses.

In Colorado Springs, the number of marijuana dispensaries grew from
only a handful in early 2009 to more than 200, plus dozens of other
medical marijuana-related businesses. Statewide growth led the General
Assembly this spring to pass laws that regulate the medical marijuana
industry, including a state law that allows counties and cities to ban
the businesses.

In the county, zoning regulations imposed in December seriously curbed
where dispensaries could operate. Only nine SUCH businesses are open.
But those nine are causing alarm, said Lathen, the commission's vice-chair.

"I don't get anybody saying we should let these distribution centers
happen except the people who are profiting from that," she said of her
constituents.

Lathen was the commission's loudest voice calling for a ban Tuesday
during a meeting that focused on regulating the industry.

Commissioners could vote on a ban or a ballot measure as soon as next
month, Hisey said.

Whatever they do, commissioner should expect an earful.

State lawmakers, medical marijuana patients, opponents and marijuana
advocates let loose on the commission during its Tuesday work session,
where no formal vote on the issue was allowed.

State Rep. Mark Waller told commissioners that voters should decide
whether marijuana businesses are allowed.

"Medical marijuana is here to stay, but we need to put some guardrails
on it," said Waller, a Colorado Springs Republican.

District Attorney Dan May also backed a vote, saying marijuana
businesses have led to an uptick in crime.

"The question is whether you want to take the crime we have and add
the crime associated with the dispensaries on top of that," he said.

Craig Leavitt, who is looking to open a dispensary, told commissioners
that a ban would send patients into the streets to seek the drug
rather than getting it from state regulated firms.

"In banning dispensaries, you are going to encourage the home-grow
operations," he said.

Leavitt was echoed by Tanya Garduno of the Colorado Springs Medical
Cannabis Council, who reminded commissioners that banning marijuana
businesses wouldn't do anything to ban constitutionally-approved marijuana.

Two commissioners were on the bubble about putting a ban on the
ballot.

Sallie Clark said she worries that a business ban would actually wind
up putting more marijuana plants into neighborhoods and could increase
crime.

Jim Bensberg said he would like the commission to decide whether
businesses are allowed, but wouldn't reveal which way he might vote.
- ---
MAP posted-by: Richard Lake