Medical marijuana businesses that don't meet a Fort Collins licensing requirement may continue operating as officials sort out how the city's rules for the facilities match up with state regulations.
Fort Collins City Council members were scheduled to consider Tuesday how they might "grandfather in" existing marijuana businesses, or MMB's, that fall short of location requirements for receiving operating licenses.
But uncertainty about the rules the state will follow in issuing its licenses for marijuana businesses has city officials recommending the council delay its grandfathering decision.
The proposed postponement could last several months, said Capt. Jerry Schiager of Fort Collins police.
"We're just not able to put this together quick enough," he said. "I think it's a really good decision by the city manager and the council to put it off to see what the state comes up with."
State legislation passed this year requires medical marijuana businesses to get operating licenses from the state as well as local jurisdictions. The state is still going through the rule-making process for how it will regulate marijuana businesses.
The legislation set a July 1 deadline for businesses to apply for a local license. Businesses that missed the deadline will have to wait until July 2011 to apply.
The deadline to apply for a state license is Aug. 1.
Schiager said the city needs to understand how the dual-licensing scheme would work and to what extent the city's marijuana regulations would need to be rewritten.
"If we want to vary from what the state is requiring, we can," he said. "We just need to decide what makes sense for our local interests and in which areas we should mirror what the state does."
The city's licensing requirements include background checks on business owners and managers. Marijuana businesses also would be limited to specific commercial and industrial zoning districts.
A marijuana business must be at least 1,000 feet from a primary or secondary school as well as another MMB, according to city regulations.
A business also could not be within 500 feet of a university, child-care center, place of worship, recreation area, rehabilitation center and residential zoning boundary.
Businesses that meet all of the city's requirements other than the distancing rules would be issued a provisional operating license until the grandfathering issue is decided.
So far, no provisional or full medical marijuana business licenses have been issued, city officials say. Background checks on some applicants are just starting to come back from the Colorado Bureau of Investigation.
Existing businesses may operate while they await licensing decisions.
The city has received 36 applications for MMB licenses. Of those, 28 are for dispensaries and the rest are for other types of services, such as cultivation and delivery, Schiager said.
Only two of the businesses appear to meet the distancing requirements, he said.
Joey Simental, co-owner of Abundant Healing, 351 Linden St., said it makes sense for the city to make sure its regulations don't end up overruled by state-mandated requirements.
"I think it's one of the smartest things they've done," he said. "I think they need to be very careful about what they do because there are companies at stake."
Simental said he believes his business meets all of the city's licensing requirements. The company is working on its application to the state for a license.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Coloradoan
Author: KEVIN DUGGAN
Copyright: 2010 The Coloradoan
* Thanks to MedicalNeed for submitting this article
Fort Collins City Council members were scheduled to consider Tuesday how they might "grandfather in" existing marijuana businesses, or MMB's, that fall short of location requirements for receiving operating licenses.
But uncertainty about the rules the state will follow in issuing its licenses for marijuana businesses has city officials recommending the council delay its grandfathering decision.
The proposed postponement could last several months, said Capt. Jerry Schiager of Fort Collins police.
"We're just not able to put this together quick enough," he said. "I think it's a really good decision by the city manager and the council to put it off to see what the state comes up with."
State legislation passed this year requires medical marijuana businesses to get operating licenses from the state as well as local jurisdictions. The state is still going through the rule-making process for how it will regulate marijuana businesses.
The legislation set a July 1 deadline for businesses to apply for a local license. Businesses that missed the deadline will have to wait until July 2011 to apply.
The deadline to apply for a state license is Aug. 1.
Schiager said the city needs to understand how the dual-licensing scheme would work and to what extent the city's marijuana regulations would need to be rewritten.
"If we want to vary from what the state is requiring, we can," he said. "We just need to decide what makes sense for our local interests and in which areas we should mirror what the state does."
The city's licensing requirements include background checks on business owners and managers. Marijuana businesses also would be limited to specific commercial and industrial zoning districts.
A marijuana business must be at least 1,000 feet from a primary or secondary school as well as another MMB, according to city regulations.
A business also could not be within 500 feet of a university, child-care center, place of worship, recreation area, rehabilitation center and residential zoning boundary.
Businesses that meet all of the city's requirements other than the distancing rules would be issued a provisional operating license until the grandfathering issue is decided.
So far, no provisional or full medical marijuana business licenses have been issued, city officials say. Background checks on some applicants are just starting to come back from the Colorado Bureau of Investigation.
Existing businesses may operate while they await licensing decisions.
The city has received 36 applications for MMB licenses. Of those, 28 are for dispensaries and the rest are for other types of services, such as cultivation and delivery, Schiager said.
Only two of the businesses appear to meet the distancing requirements, he said.
Joey Simental, co-owner of Abundant Healing, 351 Linden St., said it makes sense for the city to make sure its regulations don't end up overruled by state-mandated requirements.
"I think it's one of the smartest things they've done," he said. "I think they need to be very careful about what they do because there are companies at stake."
Simental said he believes his business meets all of the city's licensing requirements. The company is working on its application to the state for a license.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Coloradoan
Author: KEVIN DUGGAN
Copyright: 2010 The Coloradoan
* Thanks to MedicalNeed for submitting this article
