Pubdate: Thu, 07 Oct 2010 Source: Telluride Daily Planet (CO) Copyright: 2010 Telluride Daily Planet, A Division of Womack Publishing Co. Contact: http://www.telluridenews.com/forms/letters/ Website: http://www.telluridenews.com/ Details: http://www.mapinc.org/media/3881 Author: Kathrine Warren 'THIS ISN'T THE BEST SITUATION' County finds interim solution for cannabis grow operations As the state of Colorado tries to figure out exactly how to regulate its booming medical marijuana industry, San Miguel County is struggling with how to regulate grow operations in unincorporated parts of the county. For now, the county has found an interim solution for growers seeking county approval: two will be approved and two others will have to move, but the county will allow them to stay open until July 1, 2011. San Miguel County's inconsistency stems from the state's uncertainty: The Colorado Department of Revenue has until July 1, 2011 to develop regulations for local licensees. The county has struggled with permitting grow facilities because the state's rules are influx. In a Board of County Commissioners meeting on Wednesday, commissioners directed planning staff to temporarily approve two grow facilities and work with two others with the understanding that it could all change next summer. With the recent legislation to regulate the industry, the state required all licensed dispensaries to grow at least 70 percent of the product they dispense on site or at an Optional Premises Cultivation Operation by Sept. 1. In recent months, dispensaries have scrambled to fulfill that requirement and many in Telluride have turned to unincorporated San Miguel County. County Planning Director Mike Rozycki told commissioners that there are three pending development permit applications to allow optional premises cultivation in different parts of the county. While the exact location of these facilities can't be disclosed -- they're exempt from the Colorado Open Records Act to help protect a cash crop that could become the target of robbery -- one is located in the Ilium Industrial Park and the other two are located in Placerville on Front Street. A fourth grow operation located on Wright's Mesa outside of Norwood is working with the county but hasn't yet filed a permit. Although Front Street in Placerville is zoned for commercial development, the two permits are raising eyebrows because they are so close to a residential area and far away from law enforcement. C&C Specialties, which has already been approved by the county to dispense medical marijuana, wants to grow its product on-site in a garage. The other permit is for a stand-alone 2,500 square foot grow operation that would supply a dispensary in Telluride. Rozycki recommended approving only C&C Specialties' permit because it was attached to an already approved retail operation. He said the second one "doesn't have the retail component" and should be asked to relocate before it's fully permitted. "I hate to be draconian and say 'they have to go away,'" he said. But, the operation should have "temporary approval to figure out how they move without huge economic loss. "I don't know how else to explain it or try to work through it," Rozycki said. Commissioners agreed that the waiting period with the state was complicated and directed planning staff to temporarily approve the Ilium Valley and C&C permits and work with the stand-alone operation to come back to commissioners with a relocation plan. Staff will also work with the grow operation on Wright's Mesa to either permit or relocate the facility. That facility is located on 17 acres in an area zoned for single-family residences and limited agriculture activity. It started out as a primary caregiver growing a small number of plants and it expanded to a grow facility for the Telluride Green Room. Pam Slater, a representative for the dispensary, said that moving before July of 2011 would put the dispensary in a bad place because legislation could change again before then. "They want to comply, and they're willing to move to a different spot," Slater said. "But the interim period is really challenging for the businessaE&they want to stay in business." Commissioners directed the county's planning department to work with Slater and the facility's owner to inspect it for code compliance and make sure it doesn't expand its crop between now and July 2011. The same was said for the stand-alone Placerville facility. "This isn't the best situation given the financial hardship we would impose," said County Commissioner Art Goodtimes. The county took no formal action on Wednesday, but the planning department will continue working with the facilities and come back to commissioners. And in the meantime the county will just have to wait and see what regulation the state will eventually hand down to them. "This whole thing is a mess because the state is making it a mess," Goodtimes said. - --- MAP posted-by: Matt