Pubdate: Wed, 16 Mar 2016
Source: Colorado Springs Independent (CO)
Column: Cannabiz
Copyright: 2016 Colorado Springs Independent
Contact:  http://www.csindy.com
Details: http://www.mapinc.org/media/1536
Author: Nat Stein

COUNCIL WANTS CANNABIS CLUBS OUT; CLUBS DIG IN HEELS

On Tuesday, March 8, after a marathon public comment period, Colorado 
Springs City Council voted to ban cannabis clubs in the city by 2024. 
The 6-3 vote comes after years of deliberation over how to handle the 
clubs, which provide a social setting to consume legal cannabis. 
Though many in attendance testified that the clubs are a place of 
community, refuge and healing, detractors see the clubs' mere 
existence as flagrantly defying the previous Council's decision to 
opt out of recreational sales following statewide legalization.

This ordinance, which will get its final reading on March 22, sets up 
the framework for the ban. It prohibits the opening of any new 
Marijuana Consumption Club (MCC) - defined as "an establishment, 
organization, association, club, teapad, or other similar entity or 
place where a purpose is to allow the consumption of marijuana, 
medical marijuana or marijuana product on the premises" - but lets 
certain clubs stay open, for now.

Of the approximately 15 existing clubs, only those "lawfully 
operating" prior to the moratorium that began Sept. 22, 2015, earn 
grandfathered status. What does "lawfully operating" mean? Planning 
and Community Development Manager Peter Wysocki will have the final 
say, but the basic gist is a club must have been operating according 
to the "similar use" determination granted to Studio A64 during a 
2014 zoning violation appeal. That determination says a cannabis club 
is like a social club, which falls under the parent definition for 
membership clubs - zoned for multifamily residential, commercial and 
industrial zone districts.

The clubs fitting that criteria will have to apply for a license from 
the city by April 29 and comply with new rules to go along with it, 
including a mandatory ventilation and filtration system; no marijuana 
sales/trades/reimbursements/whatever you want to call it; no entry 
for those under age 21; no on-site cultivation; and no operating 
between 2 a.m. and 7 a.m. Licensed clubs will have until the year 
2024 to recoup their investments, then close up shop. (Councilor Tom 
Strand proposed the eight-year phase-out rather than the five years 
recommended in an earlier draft.)

Jill Gaebler, Bill Murray and Helen Collins were the three no votes.

Councilor Don Knight, who led the charge to ban the clubs, explained 
that stamping out all things marijuana in the Springs is exactly what 
he intends. "We are calling ourselves Olympic City USA, [and] we are 
a military-friendly town," he said. "Military does not allow it. 
Olympians, they get tested, so it's not good for Olympians. It just 
doesn't fit in the city."

But unlike the decision to brand the Springs as Olympic City USA, the 
public actually voted on whether marijuana "fits" here. A majority of 
Springs voters supported the legalization of recreational sales in 
2012 (though their elected officials wished otherwise).

With the ban looking more likely than ever, owners are weighing their 
options, which at this point include boycotting the license, trying 
to recall certain Councilors, mounting a challenge in court, and/or 
launching a ballot initiative.

"Colorado Springs City Council's vote will not result in a ban on 
clubs," industry lobbyist Jason Warf declared. "Our owners and the 
owners that I talked to have no plans to change, obtain a city 
license or shut down. We are confident the owners will win in court, 
and the end result will be a completely unregulated industry."
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MAP posted-by: Jay Bergstrom