Pubdate: Thu, 09 Dec 2010
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2010 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Debbie Kelley
Bookmark: http://www.mapinc.org/find?277 (Cannabis - Medicinal -  Colorado)

COUNTY WILL ADOPT PERMANENT MARIJUANA REGULATIONS IN MARCH

El Paso County's temporary land use regulations for medical marijuana 
businesses will remain in place until March 1, when a new licensing 
policy and modified zoning regulations will take effect, assistant 
county attorney Lori Seago said Wednesday.

County commissioners in June extended the temporary regulations for 
"at least six months," which would be this month, or until the board 
approves "a local regulatory and/or licensing program, which may 
include associated land development code amendments," according to 
the resolution approving the extension.

The local medical marijuana industry has mushroomed in the past 18 
months. Leaders of Colorado cities and counties have the authority to 
regulate medical marijuana businesses, but they've been constrained 
by state regulations, which are still being created around new laws 
the General Assembly passed earlier this year.

El Paso County became one of the first local jurisdictions to adopt 
temporary zoning regulations, on Dec. 17, 2009. Those expired in 
June, and the new clauses were added with the extension.

In August, commissioners decided to let voters decide whether to ban 
medical marijuana businesses in unincorporated areas of the county. 
The idea was that voters would have a clear idea of what the 
regulatory alternative to a ban would look like, Seago said.

The date of March 1 was chosen for permanent regulations, she said, 
because the county cannot begin licensing medical marijuana 
facilities until the state adopts its regulations.

"It was our best guess as to when that might occur," Seago said.

The Department of Revenue in January will begin proposing regulations 
on everything from labeling and packaging to video surveillance 
monitoring and transit to the state licensing authority, Matt Cook, 
senior director of enforcement for the Colorado Department of 
Revenue, said last week while in Colorado Springs. Those regulations 
could be enacted as early as March 1 and as late as July 1, he said.

Current county rules include a required temporary use approval from 
the Development Services Department; limits on where a medical 
marijuana business can be located, including a 500-foot buffer from 
certain buildings such as schools; proof of a sales tax license; 
limits on hours of operation from 8 a.m. to 8 p.m.; and signage requirements.

Under the permanent rules, businesses also will have to obtain a 
license to operate from the county, along with compliance with state 
licensing laws.

"It will be similar to liquor licensing," Seago said.

Commissioners have not yet set fees for county licenses for medical 
marijuana businesses, she said.

Commissioners also could adopt additional or different rules to 
comply with new state regulations.

El Paso Commission Vice Chair Amy Lathen said the county's temporary 
regulations were written to be fairly comprehensive.

"With a few possible adjustments, I believe they are a good 
foundation," she said,

adding that she expects the board to make some revisions in upcoming 
months. "We must be cognizant of the differences which still exist on 
this issue and mindful that no mandate was established by the outcome 
of the election," Lathen said.

The ballot question asking voters to ban medical marijuana businesses 
in unincorporated El Paso County failed by less than half a percent 
in the Nov. 2 election.

A lawsuit filed by industry proponents prior to the election, 
claiming the ballot issue was illegal, remains in litigation, Seago 
said, despite voter rejection of the proposed ban.

IN COLORADO SPRINGS

The Colorado Springs City Council will discuss stricter zoning 
regulations for medical marijuana-related businesses, as recommended 
by the city's Planning Commission, at its informal Dec. 13 meeting. 
City Council could vote on the proposed changes on first reading Dec. 14.
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MAP posted-by: Jay Bergstrom