Pubdate: Thu, 13 Jun 2013
Source: New York Times (NY)
Copyright: 2013 The New York Times Company
Contact: http://www.nytimes.com/ref/membercenter/help/lettertoeditor.html
Website: http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Author: Dan Frosch

DECISIONS ABOUT MARIJUANA SALES LOOM FOR COLORADO LOCALITIES

AURORA, Colo. - As Colorado moves closer to issuing temporary 
regulations on the sale of marijuana, now legal in small quantities 
here, some cities and towns are not waiting for the new rules to take effect.

More than a dozen municipalities across the state have decided to 
enact moratoriums on retail marijuana sales, restricting them for now 
or at least until after the rules are finalized later this year.

Others, unsettled at the prospect of dispensaries within their 
borders, have banned marijuana sales entirely - which they are 
permitted to do under Amendment 64, the 2012 constitutional amendment 
passed by voters that legalized recreational use of the drug.

"As we talked to our police department and our building code 
enforcement people, it didn't seem to be a very logical answer for 
us," said Mayor Tom Norton of Greeley, a conservative farm town north 
of Denver that banned marijuana sales outright this month. "It seemed 
like it had the potential for creating more mischief than what we 
wanted to put up with."

Discussions about how marijuana is to be regulated, and how the state 
will handle a legal drug market, played a central role during 
Colorado's 2013 legislative session. Meanwhile, communities from 
Littleton to Vail have taken it upon themselves to ponder the issue publicly.

In the past six months, a task force of lawmakers, representatives of 
the state's growing marijuana industry and others have wrestled with 
developing the rules.

Initial regulations, including licensing provisions - described as 
"emergency rules" by the Colorado Department of Revenue - will go 
into effect on July 1. Permanent rules will be drafted later this summer.

Voters will also consider proposed sales and excise taxes on 
marijuana on the ballot in November. The first license to sell 
marijuana in Colorado will not be issued until 2014.

But in the meantime, local governments have until October to decide 
whether they will allow licensed marijuana businesses to start 
operating in their areas early next year.

Not surprisingly, reactions in Colorado's communities have varied 
according to whether their citizens supported Amendment 64.

In Denver, where residents overwhelmingly backed the measure and 
medical marijuana dispensaries line thoroughfares, city councilors 
have indicated their desire to move forward with marijuana sales.

Smaller communities like Montrose, the seat of Montrose County, where 
most voters opposed legalization, have chosen to prohibit sales.

Some have opted for a middle ground.

City councilors here in Aurora, for example, voted last week to delay 
the date when residents could start applying for marijuana business 
licenses to next May, so that local officials could take more time to 
devise their own regulations.

"There is another legislative session next year following the ballot 
issue this fall, which could change everything," Mayor Steve Hogan 
said. "We're interested in the possibilities related to retail 
establishments. But we're not going to do anything until next spring."

According to data compiled by the Colorado Municipal League, nearly 
three dozen cities and towns have banned retail marijuana sales 
outright so far, while 25 have passed moratoriums.

But Christian Sederberg, a lawyer with the Amendment 64 campaign, 
pointed out that many local governments had taken no action and were 
planning to embrace the new law.

And he said he thought it was more prudent for officials to examine 
the regulations after they were codified before deciding on a full-scale ban.

"I think opting out before you've seen the regulations on July 1 is 
premature," he said. "A lot of these officials don't understand that 
there is nothing compelling them to act right now."

If, after reviewing the final rules, a community opts out, "then 
that's something people can live with," he added.

Officials in the state's second-largest city, Colorado Springs, will 
be weighing the issue at a meeting this month.

Voters in El Paso County, where the city is situated, were split down 
the middle on the question of legalization.

The City Council president, Keith King, said he believed most 
residents were in favor of a moratorium on marijuana sales until the 
final rules and taxes were fully in place.

"For us, we're making sure our approach doesn't hurt the military 
bases here and doesn't hurt the economy," Mr. King said. "We'll be 
very deliberative on this and take our time, no matter which way we go."
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MAP posted-by: Jay Bergstrom