Pubdate: Fri, 25 Feb 2011
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2011 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Authors: John Schroyer and Debbie Kelley
Bookmark: http://www.mapinc.org/find?277 (Cannabis - Medicinal -  Colorado)

MORATORIUM ON NEW MMJ BUSINESSES EXTENDED

El Paso County Extends Interim Rules

A longstanding prohibition on new medical marijuana dispensaries will 
continue, despite earlier expectations that the moratorium would be 
lifted March 1.

At the earliest, the state moratorium will be lifted April 13, but 
could last until Sept. 16, depending on how long it takes for the 
Department of Revenue's Medical Marijuana Enforcement Division to 
issue new industry regulations.

El Paso County, meanwhile, has again extended its interim land-use 
regulations for dispensaries until June 1. The regulations were 
adopted in December 2009, and were set to expire next week after 
being extended several times. The County Commission voted Thursday to 
keep them in place. The rules cover issues such as hours of operation 
and location restrictions.

The commission decided to wait to approve permanent zoning and 
licensing regulations, pending completion of the state regulations. 
The commission also is waiting on a bill in the state Legislature 
that could affect the county's licensing policies.

A first draft of the state regulations, required by a ground-breaking 
law passed last year, was finalized on Jan. 28 after extensive public 
hearings and comment periods. A State Licensing Authority-in this 
case, revenue department Deputy Executive Tim Weber-has up to 180 
days to consider or alter new rules for dispensaries. Weber can 
"modify" the rule proposal as he sees fit, though he can't completely 
rewrite them.

For example, he can't remove the most controversial section of the 
new rules, which requires all dispensaries to install video 
surveillance cameras. But he could reduce or increase the number of 
cameras required.

Most dispensaries don't object to most of the proposed regulations, 
but the surveillance camera requirement has had them up in arms for months.

Tyler Reimers, owner of Canna Caregivers in Colorado Springs, said 
her lawyer will probably file an invasion of privacy lawsuit against 
the state after the rules are handed down. She says the video camera 
requirement would violate patients' rights, and she worries that many 
patients may resort to the black market.

"Anonymity is important to people," said Reimers. "I think the state 
runs a real risk pushing a lot of legitimate people back out onto the street."

Reimers estimated it will cost her between $40,000 and $50,000 to 
install a camera system.

Colin Stephens, owner of Pain Management Solutions, echoed Reimers' concern.

"What they're trying to do is necessary, but I feel like they're 
invading privacy too much in the process," he said. "I've not had a 
single patient say they're okay with being recorded."

Dispensary owners have operated in limbo for months while waiting for 
the new state regulations. Industry laws vary from county to county 
and city to city, and it's not clear just what will be handed down by 
the Department of Revenue.

"We don't know what the State Licensing Authority is going to do with 
regard to the rules," said Julie Postlethwait, spokeswoman for the 
department's Medical Marijuana Enforcement Division. "He could modify 
them, he could reject them, he could accept portions of them."

After Weber issues the rules, they'll go the Attorney General's 
office for approval, which will take up to 20 days. The rules will be 
published for 30 days to give dispensaries time to comply. Then the 
moratorium on new dispensaries will be lifted.
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MAP posted-by: Jay Bergstrom