An Arapahoe County district court judge's ruling last week that Colorado cities cannot simply ban medical marijuana dispensaries will put new energy into Pueblo City Council's efforts to regulate those businesses.
Councilman Larry Atencio, who is expected to be elected the new council president on Jan. 11, said he would focus on the dispensary issue with City Manager Jerry Pacheco next week even though council voted last Monday to extend its moratorium on licensing medical marijuana dispensaries until June 1.
"We need to get started on these regulations right away because it isn't really a question of whether these businesses can operate legally. Colorado voters already decided that," Atencio said Thursday. "And this court ruling seems to say that there needs to be some local process for allowing these dispensaries to operate."
On Monday night, council deferred to Pacheco in voting to extend the current moratorium until June 1. The city manager argued that his staff wouldn't be able to draft, within 30 days, all the necessary ordinances and zoning regulations that council would likely want in licensing and regulating dispensaries. While no one on council was arguing to ban the businesses, there has been some discussion about giving the state Legislature time to approve outlining how local governments can or should regulate dispensaries. State lawmakers start their work less than two weeks from now.
Tom Sexton, the owner of the MediMar Ministries dispensary that has applied for a business license, asked council not to extend the current licensing moratorium past Feb. 8, claiming it was an unfair burden on his legal business and on people with state permits to purchase marijuana.
Sexton's attorney, Jim Oliver, urged council to postpone any decision on
extending the moratorium until after Arapahoe County District Judge Christopher
Cross issued his ruling on a dispensary case in his court. In that dispute, the
city of Centennial had withdrawn a business license from a dispensary on the
grounds that marijuana remains illegal under federal drug laws.
Cross struck down that ban in a ruling Wednesday afternoon, saying cities cannot simply ban dispensaries.
"The city of Centennial cannot use the potential violation of a federal law to order a business legally operating under our state constitution to cease and desist its business," Cross said. The judge didn't say whether cities can regulate dispensaries through zoning or other measures, but swept aside the notion that medical dispensaries can be banned because of the federal law against the sale of marijuana. Enforcing those laws is up to the federal government, the judge said.
Pueblo County has a four-month moratorium on licensing dispensaries, although Sheriff Kirk Taylor said his deputies would not be targeting those currently operating in the county unless other law violations caused them to be scrutinized.
Commission Chairman Jeff Chostner said he was comfortable waiting on the Legislature to take action this spring.
"The Arapahoe County court ruling isn't going to settle this matter. It's just an initial ruling in a case that could well work its way up to the Colorado Supreme Court," Chostner said. "From the county perspective, we want to follow the law on this issue. It's just a matter of finding out what the law is, and hopefully the Legislature will help determine that."
Council members were more inclined Monday to start the process of regulating the dispensaries, seeming to agree with Sexton's argument that extending the Feb. 8 moratorium until June 1 was an informal ban on his business. But with Pacheco urging council to give city staff more time to prepare regulations, council finally voted 5-1 to extend the ban, with only retiring Councilman Randy Thurston voting against the extension.
When council meets on Jan. 11, there will be three new members - Steve Nawrocki, Chris Kaufman and Leroy Garcia and new leadership as well, with Atencio expected to be elected council president. The medical marijuana issue will be the first thorny issue faced by the new council.
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Pueblo Chieftain
Author: PETER ROPER
Contact: The Pueblo Chieftain Online ::
Copyright: 2010 The Pueblo Chieftain
Website:The Pueblo Chieftain :: Court ruling could guide regulation of medical pot
Councilman Larry Atencio, who is expected to be elected the new council president on Jan. 11, said he would focus on the dispensary issue with City Manager Jerry Pacheco next week even though council voted last Monday to extend its moratorium on licensing medical marijuana dispensaries until June 1.
"We need to get started on these regulations right away because it isn't really a question of whether these businesses can operate legally. Colorado voters already decided that," Atencio said Thursday. "And this court ruling seems to say that there needs to be some local process for allowing these dispensaries to operate."
On Monday night, council deferred to Pacheco in voting to extend the current moratorium until June 1. The city manager argued that his staff wouldn't be able to draft, within 30 days, all the necessary ordinances and zoning regulations that council would likely want in licensing and regulating dispensaries. While no one on council was arguing to ban the businesses, there has been some discussion about giving the state Legislature time to approve outlining how local governments can or should regulate dispensaries. State lawmakers start their work less than two weeks from now.
Tom Sexton, the owner of the MediMar Ministries dispensary that has applied for a business license, asked council not to extend the current licensing moratorium past Feb. 8, claiming it was an unfair burden on his legal business and on people with state permits to purchase marijuana.
Sexton's attorney, Jim Oliver, urged council to postpone any decision on
extending the moratorium until after Arapahoe County District Judge Christopher
Cross issued his ruling on a dispensary case in his court. In that dispute, the
city of Centennial had withdrawn a business license from a dispensary on the
grounds that marijuana remains illegal under federal drug laws.
Cross struck down that ban in a ruling Wednesday afternoon, saying cities cannot simply ban dispensaries.
"The city of Centennial cannot use the potential violation of a federal law to order a business legally operating under our state constitution to cease and desist its business," Cross said. The judge didn't say whether cities can regulate dispensaries through zoning or other measures, but swept aside the notion that medical dispensaries can be banned because of the federal law against the sale of marijuana. Enforcing those laws is up to the federal government, the judge said.
Pueblo County has a four-month moratorium on licensing dispensaries, although Sheriff Kirk Taylor said his deputies would not be targeting those currently operating in the county unless other law violations caused them to be scrutinized.
Commission Chairman Jeff Chostner said he was comfortable waiting on the Legislature to take action this spring.
"The Arapahoe County court ruling isn't going to settle this matter. It's just an initial ruling in a case that could well work its way up to the Colorado Supreme Court," Chostner said. "From the county perspective, we want to follow the law on this issue. It's just a matter of finding out what the law is, and hopefully the Legislature will help determine that."
Council members were more inclined Monday to start the process of regulating the dispensaries, seeming to agree with Sexton's argument that extending the Feb. 8 moratorium until June 1 was an informal ban on his business. But with Pacheco urging council to give city staff more time to prepare regulations, council finally voted 5-1 to extend the ban, with only retiring Councilman Randy Thurston voting against the extension.
When council meets on Jan. 11, there will be three new members - Steve Nawrocki, Chris Kaufman and Leroy Garcia and new leadership as well, with Atencio expected to be elected council president. The medical marijuana issue will be the first thorny issue faced by the new council.
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Pueblo Chieftain
Author: PETER ROPER
Contact: The Pueblo Chieftain Online ::
Copyright: 2010 The Pueblo Chieftain
Website:The Pueblo Chieftain :: Court ruling could guide regulation of medical pot
