Pubdate: Fri, 18 Jun 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

COUNCIL SEEKS VOTER INPUT ON MEDICAL POT CENTERS

Councilwoman Judy Weaver Pushes Resolution For Ballot
Question.

As cities around Colorado make a decision about whether  to allow
medical marijuana centers in their  communities, Pueblo City Council
will revisit the  matter in the near future because Councilwoman Judy
Weaver would like city voters to weigh in on the  decision.

A majority of council has discouraged that in past  discussions,
saying Colorado voters approved the  medical marijuana amendment in
2000 and that a city  vote could make the issue more divisive.

But Weaver's argument is that a majority of Pueblo  County voters
rejected the legalization amendment in  2000 -- when there was no
discussion of medical  marijuana centers or any other businesses for
distributing the drug.

"I'm willing to abide by whatever city voters decide,"  Weaver said
Thursday. "But all indications are, no  medical marijuana center will
be able to be legally  licensed until July 2011, so we have time to
ask city  voters what they want. Council's opinion on this  shouldn't
matter."

Weaver has asked city staff to prepare a resolution on  that ballot
question and council could consider it in  two weeks. But Council
President Larry Atencio will be  gone from that regular meeting, so
Weaver may ask for  the matter to be postponed another two weeks until
all  seven members are present.

Councilman Steve Nawrocki also asked city staff to  prepare an
analysis of what would happen if voters  rejected allowing medical
marijuana centers in the  city. He believes opponents might be
surprised at what  would occur.

"I don't have a dog in this fight. I'm not opposed to  putting the
question on the ballot," Nawrocki said  Thursday. "But I'm not sure
the public understands that  rejecting medical marijuana centers won't
change the  fact that people with state-approved cards or  caregivers
will still be able to grow it in their own  homes. And that would be
without any local taxation or  regulation or control over where that
occurs. The state  constitution guarantees that."

Council took a first stab at zoning and licensing  regulations earlier
this month during a joint meeting  with the city's Planning and Zoning
Commission.

There was some pointed discussion about whether to  concentrate
medical marijuana centers in certain zones  or distribute them across
the city.

The city also is looking at establishing 1,000-foot  buffers between
the centers and a long list of  locations, such as schools, child-care
centers,  hospitals and so on.

At one point, Atencio asked -- only half-jokingly --  whether it was
council's intention to zone and buffer  the centers out of the city.

That is why Nawrocki asked for the staff analysis of  what would occur
if the city did ban the centers.

"The state amendment allows state-authorized caregivers  to have six
marijuana plants each for the (up to five)  patients that they serve,"
Nawrocki said. "That's 30  plants. That could be in the house next
door to you or  across the street. In any neighborhood."

In fact, according to the city analysis, caregiver  operations can
only be in residential areas, not in  commercial zones. The same
applies for medical  marijuana users who grow their own plants.

Nawrocki's point is that if the city chooses to ban  medical marijuana
centers, it could end up guaranteeing  that the fast-growing business
of growing and providing  medical marijuana will be confined to the
city's  residential areas.

"Is that what we want? It's something for the public to  think about,"
he said.

On the other hand, if the city regulates and licenses  medical
marijuana centers, that would be an incentive  for users and
caregivers to use those centers, rather  than rely on their own homes
to grow and distribute the  drug. Also, banning the centers would
eliminate the  city's ability to tax the marijuana.

That's not a small issue. Council will be considering a  proposed
ballot question that would impose a 4.3  percent sales or excise tax
on marijuana sales as well  as associated paraphernalia.

Still, a ban is thechoice some cities have made,  however. Vail, for
example, has voted to ban medical  marijuana centers within its city
limits, although  officials there acknowledge that centers are readily
  available in the surrounding county. There are petition  drives in
both Colorado Springs and Aurora to ban the  centers.

Boulder, on the other hand, has restricted the location  for marijuana
centers. 
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MAP posted-by: Jo-D