Pubdate: Tue, 14 May 2013
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2013 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Monica Mendoza

COUNCIL TO GET PUBLIC'S INPUT ON POT RETAIL SALES

The Colorado Springs City Council will host public hearings this 
summer to talk about pot.

The council must decide whether the city will allow retail marijuana 
sales or ban them. And there is much to consider in the meantime, 
said Kyle Sauer of the city attorney's office.

Sauer told the council during its Monday work session that it faces a 
broad spectrum of options either way.

The city could, for instance, regulate the time, place and manner of 
retail marijuana sales, he said. That means the council could limit 
the number of retail shops; it could add a special marijuana sales 
tax; it could hold off on the details by way of a moratorium; or it 
could ban retail marijuana sales altogether.

And if the council can't decide, it could send the issue to voters, 
asking them in November 2014 if the city should allow marijuana sales or not.

But no matter what the council decides, it needs to act quickly, Sauer said.

If the council votes to allow marijuana retail sales, it should make 
a decision before the end of June. That gives the city time to set up 
its local licensing regulations by Oct. 1, which is the final 
deadline for the city to specify who is responsible for regulatory 
activities. Retail marijuana sales would require zoning changes and 
city ordinances. Each step requires public input.

"We know there are a lot of interested parties in the subject," said 
council member Jan Martin. "We owe a real process for public input -- 
sooner rather than later."

In November, Colorado voters approved Amendment 64, which legalized 
marijuana possession and sales. In January, possession and 
consumption of up to an ounce of marijuana became legal for people 
age 21 and older; individuals also are allowed to grow up to six 
marijuana plants.

In addition, the law calls for regulating retail marijuana sales. The 
newly formed Medical Enforcement Division of the state is expected to 
set rules -- including fees, testing, background checks, facility 
requirements and penalties -- by July 1.

Under state law, though, local governments don't have to allow retail 
sales. In January, El Paso County Commissioners voted to ban retail 
marijuana sales in unincorporated areas of the county. Others 
including Monument, Douglas County, Parker, and Cherry Hills Village 
also nixed retail marijuana sales.

Colorado Springs could ban retail sales and revisit the issue at a 
later time, once it had more information, Sauer said.

In November, state voters will be asked to approve a 15 percent 
excise tax on retail marijuana and a 10 percent sales tax. Cities and 
counties that ban retail sales won't get any share of the state tax 
money if it is approved.

"The city could impose a moratorium to allow more time to look at the 
impacts," Sauer said.

None of the decisions about retail marijuana sales will affect the 
existing rules on medical marijuana sales.

In fact, the council could allow existing medical marijuana stores to 
apply for a license to sell retail marijuana from the same location. 
All retail stores would need approval from the state and the city.

"The city has the authority to adopt additional regulations including 
an additional local license, which gives the city complete control," 
Sauer said.

Council member Merv Bennett said he wants the city's overall economic 
impact to be part of the discussion on whether the city opts in or 
out of retail marijuana sales. For example, he would like to hear 
from military leaders on whether retail marijuana sales would impact 
Department of Defense decisions on base expansions or closures.

"It's not just a matter, to me, of yes or no, but what are the 
implications that we have in front of us," Bennett said.
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MAP posted-by: Jay Bergstrom