Pubdate: Wed, 16 Dec 2009
Source: Craig Daily Press, The (CO)
Copyright: 2009 The Craig Daily Press
Contact: http://www.craigdailypress.com/site/feedback
Website: http://www.craigdailypress.com/
Details: http://www.mapinc.org/media/2334
Author: Collin Smith
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

COUNTY OKS HALT ON MEDICAL MARIJUANA DISPENSARIES

Craig -- The Moffat County Com -mission did not need  extra time to
consider a six-month moratorium on  medical marijuana dispensaries in
the unincorporated  parts of the county.

The commission approved, 3-0, a resolution at its  meeting Tuesday
that bans such businesses for six  months or until the Colorado
Legislature creates a  framework for dispensaries to operate under,
whichever  comes first.

"I would like to, if we can, put a number on this and  adopt it
today," Commissioner Tom Mathers said, as he  looked down at a
proposed resolution drafted by County  Attorney Kathleen Taylor. "I
don't think we need to sit  around for another week or two and talk
about this."

The commission felt confident that no dispensaries  exist on county
land because all county land is zoned  agricultural.

To operate a dispensary in the county, a person would  have to apply
for a conditional use permit to run a  commercial business in an
agricultural zoning or apply  for a zoning change.

No one has taken either of those steps for a medical  marijuana
dispensary, officials said.

The county's decision will not affect a municipal  ordinance about
medical marijuana dispensaries passed  last month by the Craig City
Council because Craig is a  home rule city.

The city's ordinance restricts dispensary operations by  limiting them
to certain commercial and industrial  zones, preventing them from
being within 100 feet of a  residence or 500 feet of a school and
requiring a  $1,500 application fee to pay for criminal background
checks of anyone looking to open a medical marijuana  dispensary.

Councilor Byron Willems asked the rest of the council  to consider an
ordinance banning all marijuana  dispensaries inside Craig city
limits, but his request  was never voted on.

Other councilors cited the possibility of being sued --  because
medical marijuana and the current system is  legal according to state
law -- as a reason why they  favored local regulations to an out-right
ban.

Willems was the only council member to vote against the  city's
marijuana ordinance.

Before the council passed its regulations, the city  also instituted
two 60-day moratoriums on dispensaries,  much the same as the county
passed Tuesday. The  moratoriums were the longest allowed by the city
charter.

The county has greater latitude in the length of its  moratorium
because it is governed under different state  statutes.

Commissioner Tom Gray said the county's decision is not  an attempt to
indefinitely suspend medical marijuana  dispensaries from operating in
the county.

"We can just use a moratorium forever just as a way to  not deal with
it," he said. "Six months is reasonable  because we have information
that the Legislature may  act on this."

The county's resolution expressly permits medical  marijuana
cultivation for personal use. It only applies  to commercial sales.
The county attorney said the  commission's decision mirrors other
counties in the  state, which have installed moratoriums from two to
six  months. The six-month timeframe allows the moratorium  to last
through the next legislative session, Taylor  said. 
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