Pubdate: Mon, 24 May 2010
Source: Aspen Times, The  (CO)
Copyright: 2010 Aspen Times
Contact: http://drugsense.org/url/zKpMPhQ7
Website: http://www.aspentimes.com/
Details: http://www.mapinc.org/media/3784
Author: John Gardner

GLENWOOD BACKS MORATORIUM ON MEDICAL MARIJUANA

Ordinance Institutes Six-month Prohibition On New
Dispensaries

GLENWOOD SPRINGS -- The Glenwood Springs City Council  approved, by a
4-3 vote Thursday on first reading, a  moratorium restricting any new
medical marijuana  dispensaries from opening up in town.

The council proposed the moratorium on the  establishment of new
dispensaries for six months to  allow the state time to clarify
pending legislation and  to allow staff to analyze the need for local
regulations at its May 6 meeting.

However, with the recent passage of HB 1284 and other  bills
anticipated to be signed into law by Gov. Bill  Ritter in the coming
days, some council members thought  a local freeze was unnecessary
because state  regulations would impose a year-long moratorium
beginning July 1.

"One reason I supported this a few weeks ago when we  started talking
about this is because we weren't sure  when the state rules were going
to pass," said  Councilman Matt Steckler. "Now we have a better idea,
so the impact of a moratorium is probably not as  significant as maybe
we thought it once was."

But most council members agreed a moratorium would  allow them to see
how the state Legislature would vote  on HB 1284, which both the state
Senate and House  passed earlier this month. The bill creates stricter
  regulations and licensing requirements for the industry  and may
effect several of the dispensaries in town.  Gov. Bill Ritter is
expected to sign the bill into law  in the next week.

That didn't preclude council, however, from wanting to  take action
now and impose some sort of regulations to  try to control the
industry before things get out of  control.

"I don't want to over-regulate this," said Glenwood  Mayor Bruce
Christensen. "But, it seems that we need a  timeout."

The moratorium restricts acceptance and processing of  applications
for the issuance of licenses, permits,  development proposals or other
approvals pertaining to  the establishment, location and operation of
medial  marijuana dispensaries within Glenwood Springs.  However,
Councilman Russ Arensman argued that the  moratorium gives exclusive
licenses to the existing  dispensaries in town.

"I'm opposed to us saying that the existing  dispensaries get a
license to continue business as  usual, and everybody else is
finished," Arensman said.  "To me it's not a proper way to go about
things."

Arensman told his fellow councilors that the city  should focus on how
to regulate the industry and wait  until HB 1284 is signed into law
for the moratorium.

If the governor signs HB 1284, "it gives us the clear  authority to
regulate the industry," Arensman said.

Councilman Leo McKinney supported Arensman's view that  a moratorium
is unnecessary at this point.

"We are giving exclusive license to the shops that are  already here,"
he said. "On principle, I've got a real  problem with that. I don't
think reasonable regulations  are out of the question. But, I don't
see what waiting  another couple of weeks is going to do."

In a surprising turn, Councilman Stephen Bershenyi, who  supported the
moratorium, ultimately voted against it.

"I began the day thinking that I would be in favor of  passing this
and ... what I've heard here tonight has  kind of changed my mind a
little bit," he said. "I  think that maybe we have better uses of our
time."

Bershenyi thought that council would be better off  beginning to work
through how the city should regulate  the industry once, and if, the
bill is signed into law.

"Maybe we should start thinking about what we want to  do as a
community in terms of coupling any regulations  we see as necessary in
the community to [HB 1284],"  Bershenyi said.

But others thought the city had waited long enough for  the state, and
that it was time to take some action to  regulate the industry.

"I don't have a problem considering total legalization  of marijuana,
but that is not what we have right now,"  Christensen said. "What we
have is limited to people  who truly have a need. And I'm concerned
[about]  putting that in jeopardy with this wide-open commerce  which
we have right now."

Steckler agreed that it was time to take action.

"The Denver legislation says you have six weeks to get  in and get set
up," he said. "We are just shortening  the window, and I think it's a
good thing."

Currently, Glenwood Springs has eight dispensaries  within town
limits.

The moratorium vote passed with support from Councilors  Steckler,
Shelley Kaup, Christensen and Dave Sturges,  while Councilors
McKinney, Bershenyi and Arensman voted  against the ordinance. The
moratorium will go into  effect on June 17. 
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MAP posted-by: Jo-D