The Board of Morgan County Commissioners extended its moratorium on medical marijuana dispensaries and growing areas until July 2011 on a 2-1 vote Tuesday.
This moratorium was extended to give the county some time to adapt to new laws recently passed by the Colorado legislature, said Planning Administrator Barbara Gorrell during a hearing on the issue after Tuesday's regular board meeting.
The state did create legislation similar to liquor laws for dispensing medical marijuana, she said. Although Gov. Bill Ritter had not yet signed that bill, he is expected to.
Morgan County planning staff had put together some proposed regulations to govern medical marijuana dispensaries and growing areas, but in light of the changes in state law it was best to wait and see how the whole issue shakes out, Gorrell said.
Details of just how the law will work out in terms of state regulations need to be settled before the county can establish its own regulations, Morgan County Attorney George Monsson said.
Observers have said they expect legal challenges to the legislation, either for being too strict or not strict enough, he said. One challenge may come for a provision allowing municipalities to ban medical marijuana sales.
County Commissioner Tony Carlson voted against the extension, but was not necessarily against the idea altogether, he said.
He had wanted to wait until the board meets with the various cities within Morgan County to exchange ideas, and hear what Colorado Counties Inc. says in a coming meeting before making a decision, he said.
"It is time for discussion," Carlson said. "No, it's not time for action."
The board will meet with the towns and cities of the county at the county administration building Thursday starting at 1 p.m.
However, County Commissioners Laura Teague and Brian McCracken said the moratorium could be retracted if necessary to implement regulations.
Teague said she did not believe the county would be ready to make any decisions on regulations which would be consistent with state law until next year anyway.
Multiple sclerosis sufferer James Bass said he disagreed with the idea of an extension of the moratorium, because it affects the lives of all of those who need medical marijuana in the county.
There are about 30 legally licensed medical marijuana users in the county, Bass said, and they have to travel to Denver, Windsor or Fort Collins for their medicine.
Having to go all that way for medication which actually helps them is discriminatory, since people do not have to travel to get their other medications, he said.
Morgan County needs its own dispensary to help those who have a specific need for medical marijuana and they should not have to wait another year, he said.
In his case, medical marijuana has replaced a seizure medication and he uses it for symptoms of MS and pain, Bass said.
"The county needs to move on it and move now," he said.
McCracken said that during this year those who need medical marijuana can grow their own plants and use the resulting products.
Not everyone is physically capable of growing their own marijuana plants, Bass said.
In fact, when the idea of having a dispensary in Morgan County first came up he was able to grow his own and even considered opening a dispensary, he said.
However, his conditions has progressed to the point where he is legally blind, which makes growing it impossible, Bass said.
His wife might be able to grow it for him, but what about people who do not have a wife or someone else who can do that job, he asked.
Also, a licensed medical marijuana user can only have two ounces on hand at any one time, but a plant may produce more, Bass said.
A dispensary is a place where the excess can be held until needed, he said.
Bass urged the commissioners to make the process of starting a medical marijuana dispensary as easy as possible, and not to charge any more to get it started than any other business.
Some people have speculated that marijuana might be grown outside, and fear it might get into the wrong hands, Bass said.
But the kind of marijuana used for medicinal purposes must be kept secluded inside to make sure it is pure and of the right quality, he said.
Bass said the county ought to move on making its own regulations so that when the state laws are challenged the county will have its own reasonable statutes.
Unfortunately, many who might open dispensaries would not have the financing under the recently passed laws, he said.
Some believe that the whole bill will be overturned in court, Bass said.
Others plan a ballot initiative to clarify medical marijuana laws, he said.
It is unlikely that the whole law would be overturned, Monsson said – it is more likely that some provisions would be changed.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Fort Morgan Times
Author: DAN BARKER
Contact: The Fort Morgan Times
Copyright: 2010 The Fort Morgan Times
Website: County extends medical marijuana moratorium
This moratorium was extended to give the county some time to adapt to new laws recently passed by the Colorado legislature, said Planning Administrator Barbara Gorrell during a hearing on the issue after Tuesday's regular board meeting.
The state did create legislation similar to liquor laws for dispensing medical marijuana, she said. Although Gov. Bill Ritter had not yet signed that bill, he is expected to.
Morgan County planning staff had put together some proposed regulations to govern medical marijuana dispensaries and growing areas, but in light of the changes in state law it was best to wait and see how the whole issue shakes out, Gorrell said.
Details of just how the law will work out in terms of state regulations need to be settled before the county can establish its own regulations, Morgan County Attorney George Monsson said.
Observers have said they expect legal challenges to the legislation, either for being too strict or not strict enough, he said. One challenge may come for a provision allowing municipalities to ban medical marijuana sales.
County Commissioner Tony Carlson voted against the extension, but was not necessarily against the idea altogether, he said.
He had wanted to wait until the board meets with the various cities within Morgan County to exchange ideas, and hear what Colorado Counties Inc. says in a coming meeting before making a decision, he said.
"It is time for discussion," Carlson said. "No, it's not time for action."
The board will meet with the towns and cities of the county at the county administration building Thursday starting at 1 p.m.
However, County Commissioners Laura Teague and Brian McCracken said the moratorium could be retracted if necessary to implement regulations.
Teague said she did not believe the county would be ready to make any decisions on regulations which would be consistent with state law until next year anyway.
Multiple sclerosis sufferer James Bass said he disagreed with the idea of an extension of the moratorium, because it affects the lives of all of those who need medical marijuana in the county.
There are about 30 legally licensed medical marijuana users in the county, Bass said, and they have to travel to Denver, Windsor or Fort Collins for their medicine.
Having to go all that way for medication which actually helps them is discriminatory, since people do not have to travel to get their other medications, he said.
Morgan County needs its own dispensary to help those who have a specific need for medical marijuana and they should not have to wait another year, he said.
In his case, medical marijuana has replaced a seizure medication and he uses it for symptoms of MS and pain, Bass said.
"The county needs to move on it and move now," he said.
McCracken said that during this year those who need medical marijuana can grow their own plants and use the resulting products.
Not everyone is physically capable of growing their own marijuana plants, Bass said.
In fact, when the idea of having a dispensary in Morgan County first came up he was able to grow his own and even considered opening a dispensary, he said.
However, his conditions has progressed to the point where he is legally blind, which makes growing it impossible, Bass said.
His wife might be able to grow it for him, but what about people who do not have a wife or someone else who can do that job, he asked.
Also, a licensed medical marijuana user can only have two ounces on hand at any one time, but a plant may produce more, Bass said.
A dispensary is a place where the excess can be held until needed, he said.
Bass urged the commissioners to make the process of starting a medical marijuana dispensary as easy as possible, and not to charge any more to get it started than any other business.
Some people have speculated that marijuana might be grown outside, and fear it might get into the wrong hands, Bass said.
But the kind of marijuana used for medicinal purposes must be kept secluded inside to make sure it is pure and of the right quality, he said.
Bass said the county ought to move on making its own regulations so that when the state laws are challenged the county will have its own reasonable statutes.
Unfortunately, many who might open dispensaries would not have the financing under the recently passed laws, he said.
Some believe that the whole bill will be overturned in court, Bass said.
Others plan a ballot initiative to clarify medical marijuana laws, he said.
It is unlikely that the whole law would be overturned, Monsson said – it is more likely that some provisions would be changed.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Fort Morgan Times
Author: DAN BARKER
Contact: The Fort Morgan Times
Copyright: 2010 The Fort Morgan Times
Website: County extends medical marijuana moratorium
