Pubdate: Tue, 13 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 Herald

CITY USES SOME SUGGESTIONS IN DRAFT POT RULES

Latest Proposal Drops Buffer From Day Care Centers

The Durango City Council and those in the marijuana industry grew a 
bit closer Tuesday afternoon as councilors hashed out remaining 
issues on the city's draft retail marijuana regulations.

The new proposed ordinance adopted several suggestions made at a 
tense public hearing last week. All councilors except Christina 
Rinderle have embraced recreational pot sales in the Central Business 
District. She was absent from Tuesday's study session, but City 
Attorney Dirk Nelson read an email from her strongly supporting 
banning the businesses downtown.

The biggest change made during the study session was eliminating a 
buffer between the shops and child care or day care facilities. 
Councilors previously had considered a 500-foot and 250-foot separations.

City Planner Nicole Killian said day care centers are not on the 
federal government's list. The federal government has enhanced 
penalties for drug activity near certain facilities, such as schools 
and parks. It has sent "cease and desist" letters to businesses too 
close to schools, including medical pot dispensaries in Durango. It 
has not been cracking down on businesses near parks.

Councilor Dick White suggested allowing the city's licensing 
authority to give a variance on the park separation distance.

State law requires a 1,000-foot separation between medical marijuana 
dispensaries and schools, substance-abuse treatment facilities and 
child care centers. However, Nelson said there's no such state 
requirement for recreational stores.

"I think we all from a staff level believe that going significantly 
smaller on schools would be problematic for people who were 
licensed," Nelson said. "Leave the schools alone."

The new draft proposal has a "buyer beware" clause saying marijuana 
is an illegal drug under federal law, and pot businesses could be 
shut down by federal agencies. The city is "ignoring" or 
"diminishing" the federal requirement on parks, city officials said, 
and business owners have to take the risk.

Those with medical pot licenses have first crack at either converting 
to a retail location or co-locating retail and medical sales. 
Previous city co-locating requirements were reduced in the latest 
draft regulations. State law says medical pot centers that serve only 
people older than 21 can be in the same place. If the medical 
establishment serves patients younger than 21, there has to be a 
complete separation of the businesses.

The ordinance also softened language on coupons, taking language 
directly from state statues that bans paper coupons and fliers "on 
the street" and free samples. But recreational store owners can 
advertise in a newspaper or magazine in general circulation within a 
city or on the Internet.

The city of Durango still will ban social clubs, marijuana 
cultivation and manufacturing facilities. It plans to consider 
allowing the stores in mixed-use buildings that have residential 
units as long as there's a separate entrance, they're on separate 
floors and use a ventilation system that meets city code.

Councilor Dean Brookie said he's heard from some concerned residents 
that there could be a recreational pot shop at East Third Avenue and 
College Drive. However, Killian said a business there would trigger a 
change of use, so the developers would have to find excess parking. 
The city also would consider if it would cause a major street impact.

The Durango City Council will hold another public hearing on retail 
and medical marijuana regulations next week.
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MAP posted-by: Jay Bergstrom