Pubdate: Tue, 31 Aug 2010 Source: Telluride Daily Planet (CO) Copyright: 2010 Telluride Daily Planet, A Division of Womack Publishing Company Contact: http://www.telluridenews.com/forms/letters/ Website: http://www.telluridenews.com/ Details: http://www.mapinc.org/media/3881 Author: Kathrine Warren COUNTY TO DISCUSS COMMERCIAL GROW OPERATIONS New State Regulations Leave Many Questions Unanswered After placing a temporary moratorium on cannabis dispensaries in unincorporated San Miguel County in April, officials must now address a new question that is cropping up: how to permit applications for grow facilities. The Board of County Commissioners will discuss permitting "Optional Premises Cultivation Operations" and other issues concerning the booming medical cannabis industry during a work session on Wednesday. County Planning Director Mike Rozycki said three businesses that are licensed through the Town of Telluride are looking for county approval to grow the majority of their cannabis in facilities in unincorporated San Miguel County under an "Optional Premises Cultivation Operations" permit. However, the county is unclear about land use codes and has little direction from the state. In June, Gov. Bill Ritter signed the Colorado Medical Marijuana Code, which regulates medical marijuana dispensaries through the Department of Revenue. The code boasts a long list of regulations, including a requirement for facilities to cultivate at least 70 percent of their cannabis product themselves, instead of outsourcing. That requirement goes into effect on Wednesday. Officials with the Department of Revenue told dispensaries to file an application with their local licensing authority, but the county did not anticipate approving grow operations. "The state has reconfigured the rules, and now we're having to look at how we're going to respond to it," said Commissioner Art Goodtimes. Nothing will be voted on or decided on Wednesday, but the session will be an opportunity to explain the new set of challenges and get some direction from board members. In April, the board set a moratorium on dispensaries through Oct. 31 to see how state regulations would pan out, but the moratorium may be extended since the state has not yet provided guidance on local licensing requirements. A working group has been assembled in Lakewood, Colo. to recommend draft rules for local licensing requirements to the Department of Revenue's Marijuana Division, but the group held its first meeting just last week, and isn't expected to draft the rules until the end of 2010. Rozycki said the county's moratorium was not intended to ban dispensaries altogether like other local governments. "[The moratorium] gives things a little pause and an opportunity to review the circumstances," Rozycki said. Commissioners did approve two dispensaries -- Delilah LLC in Ilium Valley and C&C Specialties LLC in Placerville -- in June because their applications complied with the new legislation and they were in somewhat urban areas. For Goodtimes, the chair of the board, it's not a matter of licensing the sale of a substance still deemed illegal by federal law, but a matter of safety. Goodtimes is in favor of dispensaries in Norwood or Telluride where there are town marshals, but does not like the idea of dispensaries or grow operations in rural areas where people could suffer the consequences of an armed robbery. "The county is not excited about seeing a proliferation of dispensaries outside of our urban areas," Goodtimes said. "What we've heard from California is [dispensaries] are vulnerable to armed attacks. It's a lucrative crop and it puts everyone at risk." The work session is scheduled for 10:20 a.m. on Wednesday morning on the second floor of the Miramonte Building. - --- MAP posted-by: Jo-D