Pubdate: Wed, 21 Apr 2010 Source: Fort Collins Coloradoan (CO) Copyright: 2010 The Fort Collins Coloradoan Contact: http://www.coloradoan.com/customerservice/contactus.html Website: http://www.coloradoan.com/ Details: http://www.mapinc.org/media/1580 Author: Bobby Magill COUNCIL REVIEWS MARIJUANA DISPENSARY RULES When Fort Collins City Councilman Wade Troxell opened up the Denver Post on Tuesday morning, he noticed a full page of advertisements for medical marijuana dispensaries in the Denver metro area. "Ads that said, 'Come and get it,'" Troxell said during Tuesday night's City Council meeting. He wondered if the Denver Post, distributing its newspaper within Fort Collins city limits, might be violating the city's new medical marijuana ordinances because its advertisements appeared to be misleading and promoting marijuana available in the Denver area. You can't just come and get it and you can't promote breaking the law, he said. If it doesn't exist already, he said, there may be a "truth in advertising" provision soon added to city code related to medical marijuana dispensaries. "Is that enforceable in the city of Fort Collins?" Troxell asked City Attorney Steve Roy. "I'll have to get back to you on that," Roy said. That exchange was the culmination of more than two hours of council discussion and impassioned posturing, invective and lawsuit threats from medical marijuana advocates Tuesday night about three proposed medical marijuana ordinances that would expand regulations the council adopted last month. The proposed ordinances would amend city code to allow grow operations to exist outside the city's industrial zone, permit some grow operations to be combined with dispensaries and clarify which existing businesses will be allowed to obtain a medical marijuana business license. With Troxell the lone dissenter on the first two of the three ordinances, the council gave its provisional approval to the measures, which must withstand another council vote before they are adopted. The third ordinance, which deals with existing businesses, passed unanimously. The vote followed a procession of medical marijuana advocates and dispensary owners threatening legal action if the council doesn't allow dispensary owners to grow and sell marijuana as they choose without the interference from the city. "I will fight until you guys are broke," said dispensary owner Richard Present, suggesting that the ordinances violate Amendment 20, which legalized medical marijuana in Colorado in 2000. He told council members they'll "go through hell" because of all the legal challenges they'll face. Others spared council members the threats. Dispensary owner Michael Mockler said he's unhappy with the city's limit on the amount of marijuana a dispensary can purchase at a time. "We're limited to 2 ounces per vendor," he said. "If I have a gentleman come in, and he has 16 ounces of quality medicine that I could buy for a really good discounted price, I can't buy at that lower price and pass that price onto my patients. That puts me in a really bad position in how to work my business." Bulk buying, he said, "is a no-brainer." Many dispensary owners said they are concerned about whether they're current operations will be "grandfathered" into the new ordinances if they're adopted, which would allow them to obtain a business permit if they exist outside the zones allowing dispensaries. Mayor Dough Hutchinson said the council will consider "grandfathering" after the ordinances are passed. In other business Tuesday, the council approved an ordinance slightly relaxing the city's "three unrelated" home occupancy code. The ordinance allows missionaries or exchange students to stay with host families without running afoul of city code. The council also provisionally approved an ordinance accepting a $15 million federal grant to fund the Smart Grid Project, which would install electronic electric meters on 21,000 homes and businesses across the city. A final vote will come at the next council meeting. - --- MAP posted-by: Richard Lake