Pubdate: Thu, 03 Dec 2009
Source: Journal Advocate, The (Sterling, CO)
Copyright: 2009 MediaNews Group, Inc.
Contact:  http://www.journal-advocate.com
Details: http://www.mapinc.org/media/4033
Author: Forrest Hershberger
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

CITY ZONING COMMISSION PROPOSES LIMITS TO MEDICAL  MARIJUANA
SALES

STERLING - The Sterling Planning and Zoning Commission  Wednesday
night voted unanimously to encourage the city  council impose limits
on any medical marijuana  dispensaries that might get licensed.

"This is just an effort requested by the council if the  council
chooses to approve dispensaries, where would  these go and what type
of regulations or their  placement," city attorney Kelly Barlean said.

If the city council will approve medical marijuana in  the city
remains a question. The planning and zoning  commission's job was to
determine where, and under what  conditions, a medical marijuana
dispensary would  operate.

At the beginning of the meeting, commission chairman  Roger Hosea and
Barlean confirmed there are two issues  involved: growing and selling.

"When we're talking about growing, is it 10 plants or  10,000?" Hosea
asked.

Barlean said the growing of marijuana plants would have  to be done
away from a dispensary. There is no zoning  allowance for agricultural
purposes in the city of  Sterling. Barlean did say the number of
plants would  vary with the amount of business. He added that
dispensaries are not regulated like pharmacies. He said  a recent
court ruling defines marijuana as an herbal  supplement, not a drug,
and therefore it is taxable.

"That is part of the problem," Barlean said.

Hosea said he would prefer seeing dispensaries  regulated under the
medical services zoning.

"I think it is reasonable to keep it to MS (medical  services)," Hosea
said. "That allows it, but it  restricts it considerably."

As zoned medical services, medical marijuana  dispensaries would be
limited to specific areas of  Sterling, mostly in south Sterling near
Sterling  Regional MedCenter.

"I'm looking at this as we're allowing the opportunity  for it, but
we're allowing the community to say 'we  don't want it,'" Hosea said.

Public Works Director Jim Allen reminded the planning  and zoning
commission that it is not their duty to  determine if the city will
have medical marijuana  dispensaries, but if it does, how and where.
The  question of if the city will allow them will be decided  by the
city council.

Commission member Linda Gebauer said she personally  does not support
the medical marijuana dispensaries.  She questioned how much of an
interest there is in  medical use of marijuana in northeast Colorado.
She  said a map was once publicized showing where people  authorized
to have medical marijuana live in Colorado,  and only one person was
in northeast Colorado; yet,  there are reportedly three inquiries into
opening a  facility in Sterling.

"I personally think it should be very, very  restricted," Gebauer
said.

"And that is about as regulated as it can get," Hosea  said in
reference to the proposed MS zoning.

In other business, the commission approved changing the  wording of
zoning so that a sign is not required at  mobile home parks. Owners
who choose to construct a  sign must meet size and setback
requirements.

The commission also heard from Allen on "preliminary  discussions" on
the Logan County Humane Society seeking  a new location. One
suggestion, according to Allen, is  on city-owned land near Highways 6
and 61. 
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MAP posted-by: Jo-D