Colorado - Anticipating the signature of Gov. Bill Ritter on House Bill 10-1284, Salida City Councilmen and staff personnel discussed options for new licensing regulations regarding medical marijuana dispensaries during a work session Tuesday.
City attorney Karl Hanlon said, assuming Ritter's signature, the bill will impose a one-year moratorium upon opening new medical marijuana centers - until July 1, 2011, when the new legislation will take effect.
In addition, city officials would have the option of imposing a moratorium on opening of new centers through the end of June, Hanlon said.
In December last year, Salida officials passed an ordinance limiting dispensaries to commercial zone 1 and banning operations within 500 feet of a school.
Hanlon said dispensaries are treated as a change of use subject to zoning and building permit review for a retail sales establishment, but not subject to licensing.
City officials would have the option of banning dispensaries, including "medical marijuana centers, optional premises cultivation and medical-infused products manufacturing operations" under the new legislation, he said.
If the city opts to ban one or more of those, Hanlon said, it would be a criminal act to grow or sell marijuana within the city unless the individual is a registered cardholder or registered caregiver.
"A retail dispensary isn't considered a type of caregiver under the new law, but caregiving is now defined as a separate activity from retail distribution," he said.
Under the new bill, caregivers must register with the state and will be allowed to serve no more than five patients unless granted an exemption by the state.
Hanlon explained caregivers would have legal presence in the area, even if Salida bans dispensaries.
"For example, a husband and wife who are registered caregivers - and may be patients themselves - could grow up to 72 plants in a residential basement and claim a constitutional and statutory right to the activity," Hanlon said.
If city officials decide to keep dispensaries, the state may regulate licensing, or the city may adopt permitting regulations and be responsible for enforcement.
Hanlon said, "As with liquor licensing, the primary benefits to the city are greater local control over who receives a license and where the premises may be located, imposition of license terms and conditions, and revenue creation through fees."
Councilman Keith Baker said he'd like to see the city regulate licensing, rather than have the state involved.
Under the bill, applicants who can't be issued a license are: 1) those whose criminal history indicates the applicant is not of good moral character 2) physicians 3) law enforcement officers 4) people owing back taxes, student loans or child support and 5) people with any felonies within the previous five years or any drug felony ever.
In addition, the bill specifies new licenses must comply with local zoning laws and may not be issued for facilities within 1,000 feet of a school, drug or alcohol treatment facility, seminary, college or residential child care facility.
Mayor Chuck Rose mentioned possible sales tax revenue by not banning medical marijuana dispensaries, which could benefit the city.
Councilmen said they will continue to discuss the issue, but a date wasn't set.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Mountain Mail
Author: Audrey Gilpin
Copyright: 2010 Arkansas Valley Publishing.
City attorney Karl Hanlon said, assuming Ritter's signature, the bill will impose a one-year moratorium upon opening new medical marijuana centers - until July 1, 2011, when the new legislation will take effect.
In addition, city officials would have the option of imposing a moratorium on opening of new centers through the end of June, Hanlon said.
In December last year, Salida officials passed an ordinance limiting dispensaries to commercial zone 1 and banning operations within 500 feet of a school.
Hanlon said dispensaries are treated as a change of use subject to zoning and building permit review for a retail sales establishment, but not subject to licensing.
City officials would have the option of banning dispensaries, including "medical marijuana centers, optional premises cultivation and medical-infused products manufacturing operations" under the new legislation, he said.
If the city opts to ban one or more of those, Hanlon said, it would be a criminal act to grow or sell marijuana within the city unless the individual is a registered cardholder or registered caregiver.
"A retail dispensary isn't considered a type of caregiver under the new law, but caregiving is now defined as a separate activity from retail distribution," he said.
Under the new bill, caregivers must register with the state and will be allowed to serve no more than five patients unless granted an exemption by the state.
Hanlon explained caregivers would have legal presence in the area, even if Salida bans dispensaries.
"For example, a husband and wife who are registered caregivers - and may be patients themselves - could grow up to 72 plants in a residential basement and claim a constitutional and statutory right to the activity," Hanlon said.
If city officials decide to keep dispensaries, the state may regulate licensing, or the city may adopt permitting regulations and be responsible for enforcement.
Hanlon said, "As with liquor licensing, the primary benefits to the city are greater local control over who receives a license and where the premises may be located, imposition of license terms and conditions, and revenue creation through fees."
Councilman Keith Baker said he'd like to see the city regulate licensing, rather than have the state involved.
Under the bill, applicants who can't be issued a license are: 1) those whose criminal history indicates the applicant is not of good moral character 2) physicians 3) law enforcement officers 4) people owing back taxes, student loans or child support and 5) people with any felonies within the previous five years or any drug felony ever.
In addition, the bill specifies new licenses must comply with local zoning laws and may not be issued for facilities within 1,000 feet of a school, drug or alcohol treatment facility, seminary, college or residential child care facility.
Mayor Chuck Rose mentioned possible sales tax revenue by not banning medical marijuana dispensaries, which could benefit the city.
Councilmen said they will continue to discuss the issue, but a date wasn't set.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Mountain Mail
Author: Audrey Gilpin
Copyright: 2010 Arkansas Valley Publishing.
