Council Puts Moratorium On Medical Marijuana

Council members voted to put a moratorium on dispensaries of medical marijuana until July 1, 2011.

New legislation allows towns to determine whether or not they will allow medical marijuana to be sold in their towns, or to regulate such operations if they are allowed, Light said.

Wiggins has received a call from an outfit which is interested in putting a dispensary in town, Rogers said.

Kopetzky wondered if Wiggins could be listed as a defendant if some group files a lawsuit against cities, towns and counties which ban medical marijuana operations.

The Board of Morgan County Commissioners had created a moratorium instead of a ban due to fears of being named in a lawsuit and the costs that come with that. The board was worried that a lawsuit might name all governmental entities which had bans.

Light said he doubted any lawsuit would single out Wiggins, since it would offer few places to have dispensaries, but there is always a risk that the town would be a defendant.

There are grumblings that some medical marijuana advocates could file a lawsuit to challenge whether the new laws allowing cities, towns and counties to ban dispensaries are constitutional, Light said.

He said the council should not let fear of a lawsuit drive the decision.

A moratorium allows the town to put off a decision for a time, but eventually it will have to make a decision when new regulations go into effect, Light said.

It would be difficult for any dispensary to start in Wiggins, because there are not many places which are far enough from schools and day care centers as required by the new legislation, said Wiggins Police Chief Leroy Dilka. Requirements in town could be made so hard that it would be effectively impossible to set up a dispensary.

Any decision should take into account the traffic as well as crime which has been associated with these dispensaries as people try to steal their products, Olsen said.

Having a dispensary in town could be a burden on local law enforcement, Dilka said.

The resolution passed by the council says that the council confirms that marijuana sales are currently prohibited and that the moratorium will keep that in place until new state regulations kick in.

Marijuana sales are prohibited in Wiggins not only because it is illegal, but because there is no zoning for such an operation, Light said.


NewsHawk: Ganjarden: 420 MAGAZINE
Source: Fort Morgan Times
Author: Dan Barker
Contact: Fort Morgan Times
Copyright: 2010 MediaNews Group
Website: Council puts moratorium on medical marijuana
 
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