Pubdate: Fri, 07 May 2010
Source: Pueblo Chieftain (CO)
Copyright: 2010 The Pueblo Chieftain
Contact:  http://www.chieftain.com/
Details: http://www.mapinc.org/media/1613
Author: Peter Roper

CITY, COUNTY PREFER REGULATING, NOT BANNING, MEDICAL POT

Local officials willing to handle things if the  Legislature so decides.

City Council and the Pueblo County commissioners both  imposed 
moratoriums on licensing medical marijuana  dispensaries last autumn, 
hoping to give the  Legislature time to settle the tough questions of 
how  to regulate those providers.

In fact, state lawmakers are trying to finish work on  marijuana 
legislation this week, but one key question  - whether cities and 
counties must allow dispensaries - is being pushed back to local 
officials to decide.

A survey of council and commission members Thursday  indicated a 
majority is willing to license and regulate  at least some 
dispensaries in Pueblo County and the  city.

"I think the Legislature should have settled that issue  for us 
because voters statewide approved medical  marijuana," Council 
President Larry Atencio said.  "Leaving that question up to each city 
and county will  probably fragment the problem. But I'm pretty 
liberal on the issue. Colorado voters approved medical  marijuana and 
I believe we can regulate dispensaries in  the city."

Councilwoman Vera Ortegon, a Republican who is running  for the state 
Senate this year, took a harder line  against dispensaries.

"I am very much opposed to them. I think they will be  very 
troublesome," Ortegon said. "I have talked to  numerous doctors in 
Pueblo and yet to meet one who has  prescribed medical marijuana for 
a patient."

Councilwoman Judy Weaver also is leery of allowing  dispensaries in 
Pueblo, although there is at least one,  Medimar

Ministry, that is operating here.

"I like the fact the Legislature is giving us local  control and I 
would limit the number of dispensaries as  much as possible. My 
preference would be none or maybe  one," Weaver said Thursday. "I've 
been researching the  issue and Santa Rosa, Calif., a city of 150,000 
people,  has only two dispensaries. I would strictly limit 
the  number and require a high level of monitoring."

Tom Sexton, who operates Medimar, said the Pueblo  dispensary is only 
serving already established patients  and is not open to new ones, 
pending council's decision  on regulation and licensing. Medimar had 
obtained a  business license before council imposed its moratorium 
last year."Personally, I believe in local jurisdiction  and we want 
to work with council on this," Sexton said.  "I hope council won't be 
dogmatic about medical  marijuana and will talk to some of the people 
who need  it. But we intend to be 100 percent legal in terms of 
whatever regulations the city adopts."

Ortegon and Weaver may well be at one end of the  opinion spectrum 
with Atencio and other council members  more willing -- at least to 
some extent -- to license  andregulate dispensaries here.

Councilman Steve Nawrocki said the city should move "cautiously."

"I'm certainly willing to consider setting a limit on  the number of 
dispensaries we allow. But voters  approved the use of medical 
marijuana and I believe we  have a responsibility to find a way to 
make that  available to the citizens," he said. "But I'm pretty 
certain we don't need many dispensaries here."

Councilman Ray Aguilera said the city should consider  adding an 
additional tax to medical marijuana and  figure out how to oversee 
the businesses.

"We can go slow and get this right," he said.

Councilmen Leroy Garcia and Chris Kaufman both said  they were 
interested in setting adequate controls over  the dispensaries.

"If we just authorize anyone applying for a dispensary,  that would 
drastically change our community," Garcia  said.

Kaufman said he is waiting on city staff  recommendations on how to 
tackle the problem.

"I think we need to work with these businesses, but I'd  favor a 
limited number and operating under very  controlled circumstances," he said.

Pueblo County officials also have taken an arms-length  approach to 
the dispensaries operating in the county  while the Legislature works.

Commissioner Anthony Nunez said he wouldn't favor a ban.

"If other cities and counties are going to allow them,  I think it 
would be a mistake for Pueblo County not to  regulate -- and tax -- 
them, too," he said. "I would  rather us oversee and regulate these 
dispensaries than  push them underground."

Commissioners Jeff Chostner and John Cordova were  unavailable Thursday
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MAP posted-by: Keith Brilhart