Future Of City Marijuana Dispensaries Will Be Left To Voters

State legislation regulating medical marijuana dispensaries opens the door to local control through an opt-out provision which allows cities like Delta to prohibit commercial growth, manufacture and the sale of medical marijuana.

While the Delta City Council is authorized to exercise that option without a vote of the citizens, council members believe that it makes sense to ask voters to set aside an issue that was allowed by the voters to begin with.

They are planning to put the question on the November ballot.

An amendment permitting the medical use of marijuana was approved by the state's voters in November 2000, but rejected by 60 percent of the voters in Delta County. It wasn't until 2009 that dispensaries began to proliferate in communities across the state. Green Natural Solutions opened on Delta's Main Street in October; a second dispensary obtained a sales tax license before a moratorium was enacted in November but has yet to open. In April the moratorium was extended until May 3, 2011.

There is no provision for "grandfathering" in existing dispensaries if voters deny their operation.

Even if the voters approve medical marijuana dispensaries in city limits, the council will be able to establish local licensing requirements. In the future dispensaries must also be licensed by the state.

Municipalities can not prevent patients from growing their own medical marijuana, or a caregiver from providing medical marijuana for up to five patients.

During a work session with city manager Joe Kerby and city attorney Mike Schottelkotte last week, council members reviewed the deadlines that have been established for licensing and certification of growing requirements.

A resolution formally approving the ballot question must be adopted and submitted to the county elections department by July 23.


NewsHawk: Ganjarden: 420 MAGAZINE
Source: Delta County Independent
Author: Pat Sunderland
Contact: Delta County Independent
Copyright: 2010 Delta County Independent
Website: Future of city marijuana dispensaries will be left to voters

* Thanks to MedicalNeed for submitting this article
 
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