Nederland Trustees To Consider Marijuana Business Licensing Ordinance Tuesday

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While some Boulder County communities recently have voted to ban recreational marijuana businesses in response to Colorado's Amendment 64, Nederland's Board of Trustees this week may take the opposite tack.

Nederland's trustees, at a public hearing starting at 7 p.m. Tuesday, are voting on whether to adopt an ordinance that establishes rules for licensing marijuana businesses in town.

It builds off of existing state laws, including Amendment 64, and uses the same definitions set out by the state when establishing rules for four varieties of marijuana businesses: retails stores, cultivation facilities, products manufacturing facilities, and testing facilities where pot would be analyzed for safety and potency.

The ordinance is intended to establish safety guidelines, mitigate potential negative impacts of marijuana businesses, regulate conduct of owners, operators and users of such businesses, and impose fees to cover the cost of licensing and enforcement by the city, according to a draft available on the town's website.

"It is some solid legislation," Nederland Mayor Joe Gierlach said. "I think it will be good for the Nederland economy."

Under the ordinance, retails shops would be allowed in Nederland's neighborhood commercial, general commercial and central business districts, and would need to be 100 feet away from childcare centers and schools.

The 100-foot figure, which may be a topic of debate Tuesday, was established for medical marijuana dispensaries in Nederland after it was determined that the 1,000-foot setback enforced in other Colorado communities would have ruled out much of the town.

The ordinance would also allow multiple retail locations to operate out of the same building because of the limited number of commercial locations in town.

The legislation is largely the work of a retail marijuana task force convened by Gierlach in February, shortly after marijuana advocate Rico Colibri introduced an ordinance that would cleared the way for Amsterdam-style coffee shops that serve marijuana in Nederland.

Gierlach called Colibri's ordinance "premature" and noted the importance of new laws being subject to Nederland's thorough planning process.

Town Clerk Michele Martin on Friday said that, while the language has been approved for Colibri's marijuana ordinance, a petition with the required number of signatures to place that measure on the November ballot has not been turned in.

The mayor's task force released it first recommendations for an ordinance on July 1, before meeting with various groups – including the sustainability advisory board, the planning commissions and the downtown development authority – to receive feedback and make adjustments. A draft ordinance was presented to the trustees on Aug. 6, where it was further tweaked, leading Gierlach to believe it is ready to be passed.

"It's been a thorough process," he said. "We've had a lot of input and there have been a lot changes and modifications over the last six months."

A memo prepared by town staff for Tuesday's meeting does list some questions, including whether or not the 100-foot setback from schools and daycare centers in sufficient.

Trustee Annette Croughwell said she has heard from town residents who don't feel the setback is large enough, instead insisting on 500 feet, as well as from some who feel marijuana business should be banned from Nederland entirely.

"It's been a huge mixed bag," Croughwell said of the comments she has heard. "(The ordinance) doesn't speak to what the impact of an action will be. That is the issue for me that I feel has not been addressed. What will be the impact of passing this ordinance Tuesday?"

While about 72 percent of Nederland voters supported Amendment 64 last year, Croughwell wondered if it would not be wise to put the city's licensing ordinance on the November ballot.

Katrina Harms, owner of Nederland's Dog House Inc. store– formerly Dog House Video – and a member of the town's downtown development authority, said she will be in attendance Tuesday. She also voiced concerns about the setback distances from schools and rules regarding the co-location of retail pot shops in the same buildings.

She noted that Nederland was "inundated" with medical marijuana dispensaries after medical marijuana was voted into law in Colorado in 2000. She recalled 10 licenses being applied for at the time, though only three dispensaries now operate in the town.

"I have nothing against the ordinance or the idea behind it," she said. "I understand the challenges of being a small town business owner and want to see businesses thrive, but I also want to protect my little town a bit."

Specific licensing fees are not established by the ordinance and may be discussed Tuesday. Geirlach said he expects them to be set around $500 when the trustees have their annual discussion of the town's fee structure next month.

Whatever action the board takes Tuesday, retail pot shops will not be opening in Nederland this year. A condition of a town license, under the proposed ordinance, is a valid state license to operate a marijuana facility, and state officials have already said they will not begin accepting applications until January.

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News Hawk- Truth Seeker 420 MAGAZINE ®
Source: dailycamera.com
Author: Joe Rubino
Contact: Contact Us - Boulder Daily Camera
Website: Nederland trustees to consider marijuana business licensing ordinance Tuesday - Boulder Daily Camera
 
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