Future of Greeley Marijuana Dispensaries Still Hazy

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The hazy state of medicinal marijuana regulation in Greeley got only a little more clear on Tuesday night.

Greeley staff members presented Greeley City Council members on Tuesday night with seven options of how to deal with medical marijuana dispensaries, ranging from outright prohibiting them to simply restricting where they can be operated with regards to schools and public areas.

The options received a chilly reception from Mayor Ed Clark and council members Maria Secrest, Michael Finn and Ed Phillipsen, with Phillipsen continually focusing on the health and safety dangers marijuana could present.

Still, no official decisions were made during the one-hour, 20-minute discussion on Tuesday night, as it was simply a worksession. The council is expected to hold a public hearing and vote on the issue at its Oct. 22 meeting.

One avenue contemplated Tuesday night banned such dispensaries in Greeley while adhering strictly to the federal government's ban on marijuana.

The other option allowed such dispensaries in Greeley so long as they obtained a specific license and underwent background checks and site inspections. In doing so, the city could also create a land-use plan, limiting where such dispensaries are located, such as in relation to schools and public-use areas.

Either way, though, city staff recommended clarifying municipal code to implicitly specify that only prescriptions are tax exempt.

Medicinal marijuana is granted via a recommendation by a doctor — not a prescription — meaning it is a taxable item.

Becky Safarik, community development director for the city, said that the central issue at hand is simply defining what constitutes a medical marijuana dispensary, as municipalities have to decide how to regulate them. Dispensaries are created via a provision in state law that allows residents taking medical marijuana to name one primary care giver — in this case, the dispensary — who can grow marijuana plants for the patients.

In offering his assessment after talking to fellow police chiefs across the state, Greeley Police Chief Jerry Garner argued for prohibiting dispensaries, saying such dispensaries are simply a matter of convenience. Much of that is due to fears that allowing such dispensaries would increase the likelihood of armed robberies as well as other, more dangerous drugs being sold.

“There's just too many dangers,” Garner said. “This is what we're paid to worry about.”

Regardless of any decisions made by the council, residents can still grow or obtain marijuana for medicinal purposes due to Amendment 20, which was passed in 2000 and allowed the use of medical marijuana with the recommendation of a doctor. In addition, while federal law stipulates that marijuana is illegal, recent comments by Attorney General Eric Holder have relaxed this regulation when it comes to medicinal marijuana.

As a result, residents in need of this drug can go to dispensaries in such cities as Windsor, Loveland and Fort Collins and bring the drug back into Greeley.

Council members Don Feldhaus and Carrol Martin, however, said they prefer to at least have some form or regulation on how the substance is distributed if it is already going to be in the city.

Council member Charles Archibeque declined to take a side on the issue, though he said he values residents' safety over any sales tax revenue that would be garnered by allowing the dispensaries.

In the end, city attorney Rick Brady said the city simply faces the same questions that cities across the state are wresting due to a cluster of conflicting and overly vague laws.

“If any of us could figure this out we could make a fortune up and down the front range,” Brady said.

In other action

Tim Nash, finance director for the city, said on Tuesday night that the city will receive substantially more money from severance tax and federal mineral lease tax than previously expected, though budget cutbacks will still be needed in 2009-2010.

The city received $1.5 million in severance tax and $500,000 in federal mineral lease tax this year — a $1.5 million increase from what the city has traditionally received in years past from the two sources combined.

Nash said the increased revenue will have no bearing on the 2010 budget as it will be used to offset the current projected sales tax deficit of roughly $4 million. That figure is higher than the original projected sales tax deficit of $2.3 million.

A clearer picture of how this will affect city services will likely be available later this week, Nash said, when he expects to present the council with a 2009 budget revision.


NewsHawk: User: http://www.420magazine.com/
Source: greeleytribune.com
Author: Jakob Rodgers
Copyright: 2009 Swift Communications
Contact: Greeley Colorado | GreeleyTribune.com News
Website: Future of Greeley marijuana dispensaries still hazy | Greeley Tribune