Although City Council is poised to pass an ordinance banning medical marijuana business from operating in Broomfield, the fight against the ban might just be getting started.
City Council, following a public hearing Tuesday, is scheduled to consider Ordinance 1928. The ordinance will ban businesses that sell or grow medical marijuana as well as ones that make "marijuana-infused products," such as tinctures or baked goods.
The ordinance would not make it illegal for caregivers to grow a small amount of marijuana for a limited number of patients, which is constitutionally protected by Amendment 20.
Tuesday's vote will be the second time council considers the measure. It voted 5-4 to give the ordinance initial approval at its July 13 meeting.
The measure is likely to pass, as the absent voter, Councilman Todd Schumacher, supported a ban when it was considered during a June study session.
Supporters and opponents will get a chance to weigh in on the proposed law during a public hearing before the vote. Only one person, a supporter of the ban, spoke at the July 13 meeting.
The ordinance will go into effect Aug. 8 if it passes, City and County Attorney Bill Tuthill said.
Even if the measure passes, opponents will have 30 days to fight it. The ordinance could be suspended if opponents collect signatures from 1,282 registered Broomfield voters who want to see the measure overturned, Clerk and Recorder Russ Ragsdale said.
They will have to hurry. The clock starts when City Council approves a measure, and opponents need to get the petition language approved by the Clerk's Office during that time, Ragsdale said.
During the past 10 years there has only been one instance of residents trying to overturn an ordinance, Ragsdale said. In 2008, opponents of a law that expanded the list of code violations to include property nuisances collected enough signatures to get the law suspended and forced the city to make it a ballot issue. Voters approved the measure in 2009.
Opponents also can pursue legal action. Lawsuits against some communities' medical marijuana policies are expected, but Broomfield might be spared because the ban will not shut down any legally operating dispensaries, Tuthill said.
"I'm almost certain you're going to see some litigation in some communities that had operating dispensaries and then instituted a ban," Tuthill said.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: BroomfieldEnterprise.com
Author: Michael Davidson
Contact: BroomfieldEnterprise.com
Copyright: 2010 MediaNews Group
Website: Hearing Tuesday on Broomfield med-pot ban
* Thanks to MedicalNeed for submitting this article
City Council, following a public hearing Tuesday, is scheduled to consider Ordinance 1928. The ordinance will ban businesses that sell or grow medical marijuana as well as ones that make "marijuana-infused products," such as tinctures or baked goods.
The ordinance would not make it illegal for caregivers to grow a small amount of marijuana for a limited number of patients, which is constitutionally protected by Amendment 20.
Tuesday's vote will be the second time council considers the measure. It voted 5-4 to give the ordinance initial approval at its July 13 meeting.
The measure is likely to pass, as the absent voter, Councilman Todd Schumacher, supported a ban when it was considered during a June study session.
Supporters and opponents will get a chance to weigh in on the proposed law during a public hearing before the vote. Only one person, a supporter of the ban, spoke at the July 13 meeting.
The ordinance will go into effect Aug. 8 if it passes, City and County Attorney Bill Tuthill said.
Even if the measure passes, opponents will have 30 days to fight it. The ordinance could be suspended if opponents collect signatures from 1,282 registered Broomfield voters who want to see the measure overturned, Clerk and Recorder Russ Ragsdale said.
They will have to hurry. The clock starts when City Council approves a measure, and opponents need to get the petition language approved by the Clerk's Office during that time, Ragsdale said.
During the past 10 years there has only been one instance of residents trying to overturn an ordinance, Ragsdale said. In 2008, opponents of a law that expanded the list of code violations to include property nuisances collected enough signatures to get the law suspended and forced the city to make it a ballot issue. Voters approved the measure in 2009.
Opponents also can pursue legal action. Lawsuits against some communities' medical marijuana policies are expected, but Broomfield might be spared because the ban will not shut down any legally operating dispensaries, Tuthill said.
"I'm almost certain you're going to see some litigation in some communities that had operating dispensaries and then instituted a ban," Tuthill said.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: BroomfieldEnterprise.com
Author: Michael Davidson
Contact: BroomfieldEnterprise.com
Copyright: 2010 MediaNews Group
Website: Hearing Tuesday on Broomfield med-pot ban
* Thanks to MedicalNeed for submitting this article
