Pubdate: Wed, 16 Jun 2010
Source: Telluride Watch (CO)
Copyright: 2010 The Telluride Watch
Contact:  http://www.telluridewatch.com/
Details: http://www.mapinc.org/media/3883
Author: Gus Jarvis

RIDGWAY ADOPTS MEDICAL MARIJUANA REGS

RIDGWAY -- Despite the brainstorming efforts of the  Ridgway Town
Council and its passage of municipal  regulations for medical
marijuana dispensaries at its  June 9 meeting, anyone interested in
opening a medical  marijuana facility in Ridgway may have to wait up
to  one year to do so.

As the muddy and complicated details continue to unfold  concerning
the State of Colorado's newly passed  regulations on dispensaries,
members of council  unanimously approved (Councilmember Paul Hebert
absent)  the second and final reading of Ordinance 7-2010, which  will
allow licensed medical marijuana facilities in the  town's Industrial
1, and Industrial 2 zones as well as  the General Commercial Zone east
of Liddell Street. The  ordinance is intended to dovetail with the
Colorado  House Bill 1284, recently signed by Gov. Bill Ritter,  that
requires dispensaries to be licensed and monitored  statewide, in a
process similar to the state process  for liquor licensing.

The approved ordinance will lift the town's moratorium  on
dispensaries, once the state's regulations are in  place and
functional -- although just when that will be  is unclear.

"Sooner or later the Department of Revenue will be  adopting its
regulations," Kappa told council. "It's  not clear how fast that will
happen, but it will  establish the details of the license program."

As the Colorado Department of Revenue starts work on  its license
regulations, only dispensaries has been  locally approved and licensed
before June 30 will be  given the green light. New proprietors will
have to  wait until July 2011 to receive a license under the new
state regulations. In essence, because the town's  moratorium isn't
officially lifted until the state  regulations are functional and
because of the looming  June 30 deadline for licensed facilities, it
is  unlikely that any new dispensaries will be opening in  Ridgway for
the next year.

Jeanne Robertson, owner of Ridgway Apothecary, a  medical marijuana
delivery service, told council she  would like to open a facility in
Ridgway, if council to  work out a way to lift the moratorium and
provide local  licensing regulations before the June 30 deadline.

"I am requesting that you lift it as soon as possible,"  Robertson
said, "and put in [licensing scheme] so we  can do something here
before July 1. It would have to  be really fast and it would have to
be done quickly."  Robertson also suggested that in the ordinance
allowing  dispensaries, the Historic Business District be one  zone
that would allow for dispensaries.

Kappa told council that it would take a unanimous vote  on council to
approve an emergency ordinance that would  detail the town's licensing
scheme that night in order  for Robertson or any other potential
proprietor to  apply that new town license and subsequently be
approved before June 30.

"I am sure I could cook something up," Kappa told  council. "If I was
going to do it, I would make it the  same or close to the state
statute," which is, she  pointed out, 290 pages long. "It would be
big. It would  take an emergency ordinance to put it into effect and
that would take six votes agreeing on the details of  it."

Kappa reminded council that its reason for originally  enacting a
moratorium on dispensaries was to make sure  they were on terra firma
before formalizing binding  regulations.

"If we do this, the ground becomes less solid," Kappa  said. "For any
kind of comprehensive licensing scheme,  to expect to draft, adopt and
administer it by the end  of this month, is, I think, unrealistic. If
we follow  the state scheme, we would be drafting our own  application
forms and background investigations."

And while drafting and approving an emergency ordinance  at
approximately 7 p.m. that evening seemed unlikely,  several
councilmembers expressed a wiliness to work out  a plan that would
allow for potential dispensaries to  be locally approved before June
30.

"The thing I have the hardest time with is the way the  state is
taking its approach with this," Mayor Pro Tem  John Clark said. "It
seems really odd that it is  essentially putting another year limit on
anyone going  into business with a dispensary. In the big picture, my
take is that that a state constitutional amendment  legalized medical
marijuana. I believe there are people  that have a legitimate value
for medical marijuana. I  don't think it is fair to make it more
difficult for  people to get that. And from what I am hearing here,
[Robertson] can't continue unless we get something  together prior to
the June 30 deadline.

"I don't think that is right," Clark said.

"I agree," Councilmember Rick Weaver said.

The council discussion continued at length into the  evening, trying
to find some way for potential  businesses to be licensed before the
June 30 deadline.  One possibility considered was the creation of an
interim licensing scheme, but in the end, council  decided that it
could not pass such an important set of  regulations with an emergency
ordinance.

"I suggest that we do two things," Mayor Pat Willits  said. "That we
do not move rapidly at this time on an  interim licensing procedure,
but we do lift the  moratorium to allow home delivery within town limits."

Councilmember Rich Durnan agreed that council should  not rush to
create licensing regulations.

As part of the approval of the ordinance, council did  approve lifting
the moratorium on deliveries to  registered patients by businesses
pursuant to state  statues. 
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MAP posted-by: Jo-D