Pubdate: Thu, 30 Aug 2012
Source: Durango Herald, The (CO)
Copyright: 2012 The Durango Herald
Contact: http://durangoherald.com/write_the_editor/
Website: http://durangoherald.com/
Details: http://www.mapinc.org/media/866
Author: Jim Haug

DURANGO APPROVES 60-DAY POT PAUSE

With Moratorium City Gains Time to Relax, Review, Revise Rules

Marijuana is supposed to be soothing, but regulating the drug has 
apparently stressed out city officials.

The City Council on Tuesday approved an "emergency ordinance" for a 
60-day moratorium, ending Aug. 18, on issuing new business licenses 
for medical marijuana dispensaries and production facilities.

The city's moratorium will be in effect when the state's moratorium 
on medical marijuana dispensaries is lifted July 1. In Colorado, 
medical marijuana businesses are regulated by both state and local governments.

A 60-day extension of the moratorium is to give the city time to deal 
with regulatory issues that have risen over the last three years of 
allowing medical marijuana businesses.

Because it's a cash-only business, officials wonder if the city is 
receiving the right amount of sales tax. "We're not accusing anyone 
of anything, but there needs to be an audit," said City Attorney 
David Smith in an interview

The city staff also is concerned its fees and fines are not covering 
the costs of regulating marijuana. City officials said Durango's 
fines appear to be low when compared to other communities in 
Colorado, and "that's not something to be proud of," Smith said.

Smith also noted in a memo that "medical marijuana facilities require 
virtually constant inspections by Code Enrollment officers and 
violations of Code provisions and state regulations are not infrequent."

As outlined by Smith in the memo, other regulatory issues include:

Whether the city should approve medical businesses in the downtown 
business district or within mixed-use buildings where people also live.

The appropriate distance between medical marijuana dispensaries and 
schools, parks, rehabilitation facilities and other medical marijuana 
facilities

To what extent dispensaries should be allowed to cultivate and grow 
marijuana within city limits, if growing marijuana in a house 
necessitates a home-occupation permit

Issues related to facilities making products infused with marijuana, 
such as cookies and other baked goods, and the tracking and 
destruction of medical marijuana plants.

If the city needs more time to work on regulations and a new fee and 
fine schedule, the moratorium could be extended, Smith said.
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MAP posted-by: Jay Bergstrom