Pubdate: Wed, 09 Jun 2010
Source: Journal Advocate, The (Sterling, CO)
Copyright: 2010 MediaNews Group, Inc.
Contact:  http://www.journal-advocate.com
Details: http://www.mapinc.org/media/4033
Author: Forrest Hershberger

COUNCIL JUST SAYS NO TO MEDICAL MARIJUANA

STERLING - The Sterling city council amended then  approved the first
reading of an ordinance that would  keep medical marijuana out of the
city of Sterling. The  council has kept any potential dispensary
businesses at  bay this year with moratoriums banning medical
marijuana businesses from the city.

Councilman Jerry Haynes introduced the motion to ban  medical
marijuana production and dispensing within the  city with councilman
Rocky Joy offering the second.  City attorney Kelly Barlean said Gov.
Bill Ritter  recently signed a bill that allows cities to ban the
production and sales of marijuana products for medical  purposes.

Mayor Larry Fetzer questioned if the proposed ordinance  is
necessary.

"The question I have is, are we jumping the gun,"  Fetzer said, "and
question two is when does our  moratorium expire?"

Barlean said the city's moratorium is not scheduled to  expire until
July. He said he wanted to be sure there  is some overlap in relation
to when most laws go into  effect.

Haynes said he supports the ban to let the community  know what the
city thinks.

"The only reason I'm in favor of banning - approving  the ordinance to
ban, is so people know how city feels  about it," Haynes said.

Joy said if the city decides now, it could avoid  conflicts later.
Councilwoman Heather Delgado-Diaz said  she questions if the ordinance
is necessary because  there are no pending applications. "But either
way, we  need to look at it tonight," she said.

The ordinance as presented acknowledges the Colorado  Revised Statues
allow for municipalities to ban the  "operation of medical marijuana
centers, optional  premises cultivation operations, and medical
marijuana-infused products manufacturer's licenses."  Approving the
ordinance would prohibit medical  marijuana sales within the city.

Councilwoman LeAnn Rieb said the ordinance will not  stop marijuana
consumed for medical reasons in the city  of Sterling, citing an
advertisement in a local  newspaper promoting a medical marijuana
service. The  service based in Washington County advertises delivery
service that includes the city of Sterling, Rieb said.

The council approved amending the ordinance to include  invalidating
the ordinance if action is taken by "any  Colorado court order." The
ordinance already stated  that should any part of the ordinance become
invalid by  action taken by the Colorado legislature, city council
would then impose a one-year moratorium. First reading  of the
ordinance was approved 7-0. Second reading and  public hearing will
come before the city council on  July 13; no city council meetings
will be held on June  22 or 29.

A Colorado Municipal League meeting will be held the  week of June 22
and consequently there will be no  meeting. June 29 is a fifth
Tuesday. Council members  decided to schedule the second reading for
the next  formal meeting.

In other business, the council approved renewal of a  hotel and
restaurant liquor license for T.J. Bummers,  held a short executive
session for consultation on  personnel matters, heard an update on
Enterprise Zone  definitions to include the Sterling Public Library
and  Sterling airport, and learned that the Northeast  Colorado
Association of Local Governments is seeking a  letter of support for a
grant application. The grant is  for funding to replace three busses.
The grant would be  for about half the cost, City Manager Joe Kiolbasa
  said, at no cost to the city. 
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MAP posted-by: Jo-D