The county government has given its answer to a Denver lawyer trying to help clients set up a commercial pot farm here: Don’t bother.
The Board of County Commissioners, meeting with senior department staff from law enforcement, health and social services, planning, and the county attorney, agreed Monday that commercial pot farms are not legal under current state law.
Therefore, the county planning department has told a Denver lawyer that it will not accept a Specific Development application to set up a commercial “medical marijuana” growing operation.
In addition, the BoCC intends to toughen its current moratorium on new dispensaries and businesses that sell marijuana. The new moratorium draft specifically prohibits commercial growing operations. The current moratorium will probably be extended until July, 2011.
The inquiry about setting up a commercial pot growing operation is only one of many the county planning department has received.
The Denver lawyer, who was not identified by the planning department, wanted guidance on making application under the county’s Specific Development regulations to grow pot commercially in an existing greenhouse south of Delta.
The greenhouse, formerly used to grow hydroponic lettuce, has gone into foreclosure.
The discussion held by the BoCC and county staff Monday tried to focus on whether, if, and how a commercial pot enterprise would be regulated under current county rules and state law.
Delta County Sheriff Fred McKee put the discussion into perspective. He stated that if such a commercial pot operation started up, he would arrest whoever was doing it.
Large scale, commercial pot growing is not legal in Colorado, McKee explained. Registered medical marijuana users can grow for themselves, and their caregivers can grow a limited amount for their own “patients,” McKee explained. But commercial pot farming — no way. “It’s still illegal,” McKee said.
With that direction, the planning department called the Denver lawyer and told him that the county would be unable to accept a Specific Development application for a commercial-scale pot growing operation.
The county commissioners and administration are looking forward to a meeting later this month where it is hoped the county and six municipal governments will be able to reach a common policy on the new state law, House Bill 1284. That law gives local governments authority to allow, regulate, or ban altogether medical marijuana “dispensaries” and growing operations.
There are some who see medical marijuana, and the organized effort to legalize pot outright, as a way to generate new revenue sources for cash-strapped local governments by imposing hefty taxes on pot sales and stiff licensing fees on businesses that deal in it.
County officials also see a need to coordinate pot policies on a regional basis. Already, the commissioners were told, a neighboring county with stringent land use regs is referring the inquiries it gets about pot farms to Delta County.
If Delta County, or any locality within it, ends up with the most open door policy to marijuana production and sale in the region, it will open a flood gate, officials fear.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Delta County Independent
Author: Hank Lohmeyer
Contact: Delta County Independent
Copyright: 2010 Delta County Independent
Website: Commercial pot growers eye Delta County
* Thanks to MedicalNeed for submitting this article
The Board of County Commissioners, meeting with senior department staff from law enforcement, health and social services, planning, and the county attorney, agreed Monday that commercial pot farms are not legal under current state law.
Therefore, the county planning department has told a Denver lawyer that it will not accept a Specific Development application to set up a commercial “medical marijuana” growing operation.
In addition, the BoCC intends to toughen its current moratorium on new dispensaries and businesses that sell marijuana. The new moratorium draft specifically prohibits commercial growing operations. The current moratorium will probably be extended until July, 2011.
The inquiry about setting up a commercial pot growing operation is only one of many the county planning department has received.
The Denver lawyer, who was not identified by the planning department, wanted guidance on making application under the county’s Specific Development regulations to grow pot commercially in an existing greenhouse south of Delta.
The greenhouse, formerly used to grow hydroponic lettuce, has gone into foreclosure.
The discussion held by the BoCC and county staff Monday tried to focus on whether, if, and how a commercial pot enterprise would be regulated under current county rules and state law.
Delta County Sheriff Fred McKee put the discussion into perspective. He stated that if such a commercial pot operation started up, he would arrest whoever was doing it.
Large scale, commercial pot growing is not legal in Colorado, McKee explained. Registered medical marijuana users can grow for themselves, and their caregivers can grow a limited amount for their own “patients,” McKee explained. But commercial pot farming — no way. “It’s still illegal,” McKee said.
With that direction, the planning department called the Denver lawyer and told him that the county would be unable to accept a Specific Development application for a commercial-scale pot growing operation.
The county commissioners and administration are looking forward to a meeting later this month where it is hoped the county and six municipal governments will be able to reach a common policy on the new state law, House Bill 1284. That law gives local governments authority to allow, regulate, or ban altogether medical marijuana “dispensaries” and growing operations.
There are some who see medical marijuana, and the organized effort to legalize pot outright, as a way to generate new revenue sources for cash-strapped local governments by imposing hefty taxes on pot sales and stiff licensing fees on businesses that deal in it.
County officials also see a need to coordinate pot policies on a regional basis. Already, the commissioners were told, a neighboring county with stringent land use regs is referring the inquiries it gets about pot farms to Delta County.
If Delta County, or any locality within it, ends up with the most open door policy to marijuana production and sale in the region, it will open a flood gate, officials fear.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Delta County Independent
Author: Hank Lohmeyer
Contact: Delta County Independent
Copyright: 2010 Delta County Independent
Website: Commercial pot growers eye Delta County
* Thanks to MedicalNeed for submitting this article
