Pubdate: Sat, 20 Nov 2010
Source: Glenwood Springs Post Independent (CO)
Copyright: 2010 Glenwood Springs Post Independent
Contact: http://drugsense.org/url/ys97xJAX
Website: http://www.postindependent.com/
Details: http://www.mapinc.org/media/821
Author: John Stroud

GLENWOOD EXTENDS MORATORIUM ON MEDICAL MARIJUANA FACILITIES

Potentially Displaced County Clinics Sought Exemption

GLENWOOD SPRINGS, Colorado -- City Council on Thursday extended a
moratorium on new medical marijuana facilities operating within city
limits for another six months until July 1, 2011.

The move came as council members continued to work through a set of
zoning regulations aimed at controlling where and how medical
marijuana facilities -- including distribution centers, infused
products manufacturing and growing facilities -- can operate in
Glenwood Springs.

The city hopes to have those rules in place by the time the state of
Colorado's new licensing rules also go into effect next July, if not
sooner.

In the meantime, council also heard requests for an exemption to the
moratorium from representatives of medical marijuana centers now
located in unincorporated parts of Garfield County.

Those facilities may be displaced after the county voted Nov. 2 to ban
medical marijuana centers and the manufacture of infused products in
unincorporated areas. Voters did agree to allow commercial growing to
occur in unincorporated parts of the county.

Unless county officials determine that existing facilities are exempt
from the new ban due to the fact that they existed prior to the
election, they will be forced to relocate.

"We're looking at forced closures, despite their legality in every
other aspect," said Aspen attorney Lauren Maytin, who represents
several medical marijuana businesses in the area.

"These people are now looking at losing their businesses and their
livelihood because of the Garfield County vote," she said. "The real
loser in that will be the patients that they serve.

"To remedy the situation I would ask that you permit these businesses
to transfer their location into Glenwood Springs," Maytin requested.

Brian Ratke, owner of the Budding Health dispensary and its companion
Mother's Organics outside New Castle, said he has already been
researching potential new locations in Glenwood. However, he said he
wants to find a location that would meet whatever regulatory
requirements the city comes up with.

However, City Council members were reluctant to make any exceptions to
the moratorium.

"I hate to say it, but this is why we passed the moratorium in the
first place," Glenwood Mayor Bruce Christensen said. "I sympathize,
and I support medical marijuana, but the county vote is not our issue."

Councilman Russ Arensman noted that the city already has seven medical
marijuana dispensaries.

"I think we're adequately served," he said.

The moratorium was extended, with no exemptions, on a 7-0
vote.

Council also continued to work through a set of recommended zoning
regulations related to medical marijuana facilities, after the city's
Planning and Zoning Commission offered its input. Among the provisions
to be included in the forthcoming zoning ordinance are:

- - A 500-foot setback between facilities, and from K-12
schools;

- - Dispensaries and infused products manufacturing could only occur
within the cities commercial zone districts, possibly excluding the C2
downtown core zone;

- - Growing of marijuana plants within residential zones would be
limited to medical marijuana patients only, and six plants per home;
caregiver growing operations in residential areas would be banned;

- - Commercial growing operations would be limited to the city's
industrial zone districts.

However, some council members suggested banning commercial grows
within city limits, since county voters agreed to allow commercial
grows in unincorporated areas.

"With the county vote, I'd rather see the county deal with that
aspect," Councilman Dave Sturges said. "I'd rather save our industrial
zone districts for more attractive uses. It's not something we're
required to do, and there is now an option [for growing operations]
outside the city." 
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MAP posted-by: Richard Lake