Pubdate: Wed, 07 May 2014
Source: Durango Herald, The (CO)
Copyright: 2014 The Durango Herald
Contact: http://durangoherald.com/write_the_editor/
Website: http://durangoherald.com/
Details: http://www.mapinc.org/media/866
Author: Sarah Mueller

POT SHOTS

Public Critiques City's Proposed Regulations for Retail Marijuana

The Durango City Council's public hearing on recreational marijuana 
sparked a blaze of comment but ended up smoldering into inaction.

After an hour of comment Tuesday night criticizing the ordinance and 
the city's approach, councilors decided they needed another study 
session to work through issues with the current draft ordinance on 
regulating retail pot shops.

The council also held a hearing on updating the medical marijuana 
regulations to flow with the retail pot rules.

Residents complained about overregulation and a lack of opportunity 
in the Central Business District. However, most of the councilors 
seem to have mellowed their initial inclination to ban the stores downtown.

"Please don't hide us," said resident Farrah Vorhauser. "We are doing 
something legal. Right now, we're helping medical patients, but I 
think that recreation is not dangerous. It's just as enjoyable, 
possibly even safer - my opinion safer - than going to a bar and 
drinking alcohol."

The draft retail-marijuana ordinance allows for shops and testing 
facilities but not cultivation or manufacturing businesses. It also 
gives those already holding a medical marijuana license first dibs to 
obtain a retail license.

Anyone may apply for a recreational license on or after Jan. 2, 
though. Pot businesses also are prohibited in residential zones and 
mixed-use buildings with residential units. Social clubs are not allowed.

The public hearing included maps showing where there were setbacks, 
most from state and federal law. State law requires a 1,000-foot 
separation between medical marijuana dispensaries and schools, 
substance-abuse treatment facilities and child care centers. However, 
City Attorney Dirk Nelson said there's no such state requirement for 
recreational stores.

Federal law calls for enhanced penalties for drug activities within 
1,000 feet of schools and other facilities.

The maps indicate allowed zones for recreational pot shops in Bodo 
Industrial Park, western parts of the city and in Three Springs.

There is space around East Third Avenue and College Drive, but the 
current draft ordinance bans the stores in the Central Business 
District. Recent surveys among the business community seemed to 
indicate an even split over whether retail pot stores should be 
allowed downtown.

The proposed rules would allow only Rocky Mountain High and Medical 
Horticultural Services to get a retail license this year.

John Menzies of Animas Herbal Wellness Center said every medical 
marijuana business in the city should have the opportunity to have a 
dual medical and retail license.

Medical marijuana business owners complained about the ban against 
offering discounts and coupons. However, Nelson said that is state law.

Resident John Mahoney also spoke to the councilors about allowing 
shops downtown.

"We all think downtown will live forever, but will it?" he asked. 
"Why not help it with a harmless, legal product that will bring more 
people downtown."

Tim Wheeler, owner of Durango Coffee Co., said the stores were likely 
to attract more people downtown, which would help existing businesses.

"That (ordinance) is a de facto ban on retail marijuana in the city 
of Durango. I mean, there's no other way to look at it," he said.

Durango Mayor Sweetie Marbury said she wants the ordinance to be more 
business-friendly.
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MAP posted-by: Jay Bergstrom