Medical Marijuana Questions Linger For Local Governments

On Aug. 1, Boulder County officials may finally get a tally of how many businesses are growing or selling medical marijuana at locations outside the county's cities and towns.

Any established medical marijuana centers operating in unincorporated parts of the county as of Aug. 1 will have to register with Boulder County's Land Use Department by that date.

After Aug. 1, medical marijuana centers starting up in unincorporated Boulder County will have to register within 30 days after commencing operations.

Registration information that Boulder County now requires of medical marijuana businesses includes the business's legal name; its owner; its on-site manager; the date the business was established; a description of the nature and extent of the business; and details about all structures, floor areas and properties occupied by or associated with the business.

That registration requirement is one of the provisions in new Boulder County land-use regulations that restrict the legal locations of medical marijuana centers – businesses operating for the purpose of cultivating, manufacturing or selling medical marijuana – to the unincorporated county's business, transitional, commercial, light industrial and general industrial zoning districts.

The Boulder County commissioners' Tuesday adoption of those regulations came a day after Gov. Bill Ritter signed a Colorado law to impose even further rules and restrictions on medical marijuana centers, including the development of statewide and local systems for licensing such businesses.

Many of Colorado's local governments, though, are continuing to hold off on proceeding with local regulations for medical marijuana businesses until their elected officials and staffs can evaluate what they're able to do now – and what else they may have to do in the year ahead – under the licensing law Ritter signed Monday.

On Monday night, for example, Lyons' town board discussed the state law and its possible implications for that community but took no immediate action, according to deputy town clerk Jacque Watson.

Lyons has had moratoriums on new medical marijuana businesses in place at various times since January, with the current one set to last through Sept. 10.

Watson said Lyons issued seven business licenses to medical marijuana dispensaries when moratoriums weren't in effect. She said three aren't operating but still can open under their local licenses.

On Tuesday morning, Boulder County Land Use director Dale Case said the new state and local licensing programs required by the state law "will need to be set up over the next year."

In the meantime, Boulder County can adopt its own zoning restrictions about locating such businesses in unincorporated Boulder County, Case advised.

On Tuesday night, the Longmont City Council gave final approval to an ordinance extending its moratorium on new medical marijuana dispensaries through June 30, 2011.

Longmont had as many as nine medical marijuana dispensaries get city sales tax licenses before the city's first moratorium took effect last October.

The new state law gives city councils, town boards or boards of county commissioners the power to ban medical marijuana centers – or to ask their voters about such a ban – within their jurisdictions.

In Longmont, two of the seven City Council members – Katie Witt and Gabe Santos – have said they favor a ban.

Santos said Tuesday night that when he gets a report he requested about what the new state licensing law will require, he'd like to see whether the City Council "has the appetite" to ban medical marijuana dispensaries themselves or to place a question on November's ballot.

"I'm ready to sign off on a ban as soon as possible," Witt said, because medical marijuana businesses are "not a good fit for Longmont."

Longmont city manager Gordon Pedrow said that if the council decides to ask voters in November about a ban on medical marijuana centers, it must act by late August on an ordinance setting that ballot question.


NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Longmont Times-Call
Author: John Fryar
Copyright: 2010 Longmont Times-Call
 
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