CO: Broomfield Council Discusses Continued Ban On Marijuana

Katelyn Baker

Well-Known Member
At the end council's study session Tuesday, City and County Attorney Bill Tuthill promised to draft an ordinance that would extend the ban on marijuana grow operations and on medical and retail facilities for four years. However, the measure would allow for a marijuana testing facility within Broomfield's borders.

Decisions on marijuana regulation would not be placed on this November's ballot unless voters petition to do so.

If no council action is taken on the ordinance Tuthill will draft, then the two-year ban on marijuana establishments - extended by council in 2014 - will expire and marijuana business would be legal in Broomfield.

In a study session March 15, a divided council could not give clear instructions to staff on how to proceed.

This week, however, there was more consensus.

Councilwoman Martha Derda said she would stand by her colleagues on council if they all agreed to move forward with a testing facility, but said she would only agree to a permanent ban on the three other types of business.

"I would only agree to testing if all of you thought it was important," she said. "I don't want to do anything to further this industry. I know testing has to be done. I don't want it done here."

Several council members visited Rm3 Labs in Boulder to see first-hand what a testing facility looks like.

Tuthill and Deputy City and County Manager Kevin Standbridge agreed that zoning for a testing facility would likely fall within light industrial commercial zoning.

Councilman Mike Shelton was one of the proponents of a testing facility moving to Broomfield since the business focuses on testing products for contamination and potency, therefore keeping marijuana users safer and more informed. He compared the results of testing to determining alcohol volume on beer - "it's good information to know."

"Testing is a good idea regardless of your (stance) on pot or its effects on who uses it or who shouldn't be using it," Shelton said. "They've got standards the product has to meet and it's state-regulated."

He and other council members said council could ensure the facility would look like any other building - from the outside Rm3 wasn't immediately identifiable as a marijuana testing facility.

Councilman Kevin Kreeger would put all items to voters, and if that went through, would cast his vote for a testing facility.

Shelton suggested that testing be legalized and the ban on retail, cultivation, and manufacturing be extended by two years, but also putting a question on the ballot that wouldn't bind council to anything, but allows voters to weigh in on how they feel about the types of industry.

Kreeger agreed that Boulder's testing business "looked like any other facility," and said owner Ian Barringer expressed an interest in upgrading. While he made no promises, he mentioned Broomfield as an option since some of his employees live in the area.

The financial impact of a testing facility in Broomfield is unclear.

Kreeger liked the idea that voters could rally and put something on the ballot regardless of what council decided.

"If council approves testing, I'll do that, but I think it should all go to voters," Kreeger said.

He agreed with not wanting children or teenagers to have more access to marijuana, but said Broomfield's decision to ban it will not affect those who already are underage users.

"We are not increasing or decreasing access to it in the high schools," he said. "That's a complete fallacy. It may feel like you're protecting kids, but I assure you we're not."

Mayor Randy Ahrens argued that proximity increases access.

He said it was interesting how "a lot of people in Colorado voted for this" with the understanding that it would go toward school funding, and yet "what do we hear? There's not enough school funding."

"If I had to do it over, I would vote no," he said about the statewide decision. "Seventy-seven percent of communities in Colorado do not allow the sale of marijuana."

He said business owners have expressed frustration in trying to find employees and work centers can't hire because people can't pass drug tests.

Ahrens, who as mayor only votes in a tie-break situation, said he would support a four-year ban and allow testing in Broomfield.

Councilwoman Sharon Tessier also liked the idea of testing, but was in favor of a two-year ban. Mayor Pro Tem Greg Stokes also supported testing, as a way of compromise, but wanted to ban the other industries.

Councilwoman Bette Erickson said she was impressed with Barringer, but doesn't want marijuana testing in Broomfield unless the rest of council agreed it is prudent.

She argued that Broomfield residents still have unfettered access to it with a short drive.

Like Derda, Councilman David Beacom was in favor of a permanent ban, but was willing to compromise on a testing facility.

"I'm more open today because I went there and saw it," he said. "It was a very professionally run lab."

He said those who have contacted him on the issue have been against marijuana business in Broomfield and that they wanted council to make a decision instead of leaving it to voters.

"I think that's why we were elected," he said. "If they don't like our decision they can petition to put it on the ballot."

Placing the question on the city survey, which occurs every three years and will happen next year, also was discussed.

Councilman Sam Taylor said he doesn't like the idea of banning a whole business, and that no matter where you stand on marijuana, it's legal. He believes Broomfield can minimize the impact by testing and was in favor of a two-year ban on retail, medical and grow operations.

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Broomfield Council Discusses Continued Ban On Marijuana
Author: Jennifer Rios
Photo Credit: Jeremy Papasso
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