Pubdate: Thu, 15 Mar 2012
Source: Cortez Journal, The (CO)
Copyright: 2012 The Cortez Journal
Contact:  http://www.cortezjournal.com/
Details: http://www.mapinc.org/media/3602
Author: Reid Wright

CITY LIMITS MEDICAL MARIJUANA CENTERS TO THREE

The Cortez City Council approved an ordinance regulating medical 
marijuana centers within city limits -- despite objections from three 
industry workers to limiting the number of centers.

Paul Coffey, owner of Beacon Wellness Group, said he agrees with the 
ordinance, but not the part that restricts the number of medical 
marijuana businesses within the city limits to three.

"Why not allow people the potential to invest in our community," he 
said. "They may fail, but their money stays here. ... Why restrict 
the potential of $600,000 to $800,000 coming into this community, 
just because we're not sure what number this community will sustain?"

Further, he said more businesses would allow more options for patients.

The ordinance restriction of three centers was based on the 
recommendation of the Cortez Medical Marijuana Ad Hoc Committee, 
which presented the city council with the draft ordinance last month.

There are currently four medical marijuana businesses in Cortez, 
although one is currently closed for renovations. The committee spent 
months formulating its recommendations.

City Councilor and ad hoc committee leader Matt Keefauver is 
satisfied with the decision.

"As someone who is both on the committee and someone who is currently 
on city council, I feel I am fairly comfortable with where we're at 
right now," Keefauver said.

Garrett Smith said the restriction would force one of those business to leave.

"Restricting it to three would cut someone out," he said.

None of the existing four medical marijuana centers would be 
grandfathered in. They all will have to go through the licensing process.

City Manager Shane Hale said it is not preordained which business 
would be excluded a license as all businesses will have to go through 
the application process.

The ordinance is similar to one in use in Steamboat Springs, Colo., 
and enacts an application and licensing system like the existing 
liquor license for medical marijuana retail centers and medical 
marijuana-infused product manufacturers.

The ordinance passed, with Councilor Betty Swank voting against.

It also requires criminal background checks for applicants. Under the 
ordinance, violations of rules could now be punishable on a city 
level by up to a $500 fine or one year in jail per offense.

In addition, the ordinance requires a distance of 1,500 feet between 
medical marijuana businesses, other marijuana retail centers and 
youth facilities.

Costs for city licensing, applications and renewal fees for medical 
marijuana business owners have not been determined, although 
suggestions have been made for fees of $2,500 for a city application, 
$750 for a license and $250 for a renewal.

A similar proposal to institute a licensing system for smokeless 
tobacco retailers died without going to a vote by the council last July.

The council could have banned medical marijuana businesses entirely. 
Keefauver has expressed concerns that if retail centers are banned, 
more individual caregivers will arise to provide medicine, which 
would be harder to monitor.

Each caregiver can legally provide medical marijuana for up to five 
patients, and caregivers often operate out of their homes.

Unlike retail centers that are required to be under video 
surveillance and submit to random inspections, caregivers are more 
difficult for officials to monitor because they are registered with 
Colorado Department of Public Health and Environment, which does not 
have to report caregiver identities or locations to state or local 
law enforcement.

Next, the council will grapple with committee recommendations 
regarding caregivers. Banning medical marijuana completely cannot be 
done by local government because it is protected by the Colorado Constitution.

Enacting local planning, zoning and land use codes to ensure 
caregivers operate safely have been suggested -- as well as a system 
for issuing tags for medical marijuana plants.

City Councilor Tom Butler sat on the ad hoc committee. He had made a 
motion in 2010 to put the issue of allowing or banning centers up to 
voters as a ballot issue. Council had voted Butler's motion down.

This year, Butler said he reluctantly accepts the recommendations of 
the ad hoc committee and voted in support of the ordinance.

The ordinance takes affect April 1 of 2012. Applications may be 
accepted May 1. State and local moratoriums preventing new medical 
marijuana centers are set to expire this summer.
- ---
MAP posted-by: Jay Bergstrom