Pubdate: Sun, 08 Jan 2012 Source: Daily Sentinel, The (Grand Junction, CO) Copyright: 2012 Cox Newspapers, Inc. Contact: http://www.gjsentinel.com/ Details: http://www.mapinc.org/media/2084 Author: Dennis Webb PITKIN COUNTY TO RETHINK INACTION ON MEDICAL POT Pitkin County commissioners will rethink their previous shelving of proposed regulations allowing and governing medical marijuana operations, after learning that simply doing nothing is tantamount to making existing operations illegal. Commissioners plan to take up the issue Jan. 17. Rachel Richards, chairwoman of the county commission, said county staff last spring advanced fairly far in developing codes allowing for such operations. But she said commissioners took no action on adopting them after the county attorney indicated the county could face possible liability for permitting something that's illegal under federal law. She said the concerns ranged from county personnel being prosecuted for aiding and abetting a criminal activity if the Drug Enforcement Administration busted a grow operation, to a grower suing the county for entrapment if the federal government shut it down after it had obtained a county permit. Although the county hasn't banned medical marijuana operations, Julie Postlethwait, spokeswoman for the state's Medical Marijuana Enforcement Division, said its failure to adopt regulations licensing them means the division would have to deny applications for them, "which basically causes them to shut down." That's because the division is prohibited by state law from approving such applications where no local license or other approval for medical marijuana operations has been granted. Postlethwait said Pitkin County is the first county or city in the state that the division knows of that had decided to take no position regarding licensing, but she wouldn't be surprised if more do the same. She said the division received 21 applications from within Pitkin County, but it doesn't know how many of those are in the unincorporated part of the county, and thus under county jurisdiction. Richards said she doesn't think the county understood the consequences of doing nothing. "We're going to take another look at it. ... I think our actions should be deliberate one way or the other. I don't think it should be a default type of action," she said. Postlethwait said operations have until July 1 to receive their state licenses. She said the division is aware the county plans to rethink the matter, and it will communicate with the county before taking any action on applications. Richards said she can't predict what commissioners might decide, and she still needs to hear from the public. But she said she's now feeling confident enough in the state's regulations and the lack of federal action against counties that have proceeded with permitting medical marijuana operations that she's inclined to support Pitkin County doing so as well. - --- MAP posted-by: Jay Bergstrom