Pubdate: Sun, 14 Nov 2010 Source: Daily Reporter-Herald (Loveland, CO) Copyright: 2010 The Daily Reporter-Herald Contact: http://www.reporterherald.com/customerservice/forms/openforum.asp Website: http://www.reporterherald.com/ Details: http://www.mapinc.org/media/1710 Author: Pamela Dickman POT PUZZLE: PATCHWORK RULES CREATE ANGST IN LARIMER COUNTY Ask Brian Vicente about the state of medical marijuana in Larimer County, and his answer is much more simple than the question itself: "It's a mess." The head of one of the leading state medical marijuana advocacy groups agrees with the Loveland police chief, an opponent of dispensaries, on one thing -- the patchwork of regulations is confusing. "We're in a really fragmented state right now," said Chief Luke Hecker. "You'll be in one jurisdiction, and something is OK. You go into another, and it is not. It's going to be difficult for law enforcement agencies and confusing for the citizens of Colorado. "In unity, there's the most opportunity for effectiveness and productivity." Since the state has allowed local governments to decide how to handle medical marijuana dispensaries in their areas, the decisions have been all over the map, literally and figuratively. Just look at Larimer County. Berthoud and Fort Collins are allowing dispensaries. Voters in Loveland and Windsor, which straddles Larimer and Weld counties, banned dispensaries. Elected officials in Estes Park, Wellington and unincorporated Larimer County have banned dispensaries. But even that is not cut and dried. Existing businesses in Loveland and Windsor will have to shut their doors in 2011. However, those already in place or with sales tax licenses in unincorporated areas of Larimer County may be allowed to continue or open after a land use review. What does that mean for the region? City, police and medical marijuana officials predict confusion, more businesses migrating to Fort Collins and even lawsuits. Ginny Sawyer, a neighborhood administrator in Fort Collins, said that, since the Nov. 2 election, the city has already heard from some Loveland businesses wanting to relocate rather than shut down. The city, she said, is in for a tricky balancing act to make sure there are enough but not too many facilities. "We want to honor the constitution and all, but we also don't want to be the mecca," Sawyer said. "We want a good balance." Just south, in the county's second largest city, Loveland will shutter all dispensaries in March. That means 11 businesses that obtained sales tax licenses and went through the processes before the election are now out of luck. Some, Vicente said, are considering filing a lawsuit against the city to challenge the constitutionality of the voters' decision. "There's some pretty upset patients and some pretty upset business owners that put a lot of money into their shops," Vicente said. Loveland voters' decision also could affect the only existing dispensary in Larimer County, which is just outside the city limits at 418 SE Eighth St. The city will have input in the pending county zoning process. The ban on dispensaries is not a ban on all medical marijuana, though. Even where commercial dispensaries aren't allowed, patients and caregivers can have limited amounts of plants in their homes. That pushes pot into neighborhoods instead of regulated businesses, Vicente said. But it also pushes back at drug cartels, which are sure to infiltrate medical marijuana businesses, Hecker said. "I believe there is too much money to be made in the industry for the cartels not to tap into that," he said. "I believe it does allow for the advancement of organized crime." He admits that if crime increases follow growth of the medical marijuana businesses, that could bleed into cities and counties that have banned dispensaries. - --- MAP posted-by: Richard Lake