Pubdate: Mon, 21 Jun 2010
Source: Durango Herald, The (CO)
Copyright: 2010 The Durango Herald
Contact: http://durangoherald.com/write_the_editor/
Website: http://durangoherald.com/
Details: http://www.mapinc.org/media/866
Author: Katie Burford

COUNTY REVISITS MEDICAL MARIJUANA

Commissioners To Consider Lifting Moratorium On New
Operations

La Plata County commissioners on Tuesday will consider  whether to
lift the county's moratorium on new medical  marijuana operations to
give existing operators a shot  at staying open while a new state law
is implemented.

If the county lifts the moratorium in the next couple  of weeks, it
would give operators a small window of  opportunity to apply before
the July 1 deadline when  they must prove to the state they have a
local license  or are in the process of getting one.

Otherwise, they will have to wait until new state  licensing rules,
which have yet to be drafted, are in  place.

"It kind of puts me in a little bit of a pickle here,"  Travis
Pollock, owner of Natures Own Wellness Center,  said in a phone
interview last week.

Pollock said he has a site in the county where he grows  some of the
marijuana used to supply centers he has in  Durango and Cortez.

When he called the county's Planning Department last  year about
getting a permit or license, he was told no  process existed.

"So they told me to stay under the home-based business  rules of
having my facilities under 800 feet. If I was  able to do that, then I
wouldn't have to be licensed,"  he said.

But now Pollock doesn't have any documentation to meet  the state
requirement demonstrating he has local  government approval.

The predicament is emblematic of the mad dash at all  levels of
government to improvise a legal structure for  regulating medical
marijuana where none existed before.

Colorado voters legalized medical marijuana in 2000,  but the flood
gates opened last year when the Obama  administration announced that
it would not seek to  prosecute individuals who are complying with
state  laws, although medical marijuana remains illegal under  federal
law.

State lawmakers responded with House Bill 1284, which  was signed into
law earlier this month and sets new  rules for growing and selling
medical pot.

Commissioners received a briefing on the new law in a  work session
last Tuesday. Though not normally allowed,  commissioners took
testimony from the audience of about  15 people. Pollock and other
center owners urged them  to lift the moratorium.

Jonny Radding, an owner of Durango Organics, said the  operations
create jobs.

"I think it also brings in much-needed growth to these  areas," he
said.

The state bill differentiates between centers,  manufacturing
facilities and caregivers.

Caregivers are not licensed by local government and can  provide
medical marijuana for up to five patients.

Centers, on the other hand, will be required to have  both state and
local licenses. They cannot possess more  than six plants and 2 ounces
for each patient  registered with the center.

Centers must also grow 70 percent of their marijuana on  site or at a
licensed grow site that has been  officially recognized as their supplier.

The bill gives local governments or voters the power to  ban centers
and manufacturing facilities. Bayfield  imposed such a ban last month.

Pollock said if he can't get his La Plata County grow  site licensed,
he will have to go elsewhere.

"We have multiple sites," he said. "It's just more of a  hassle for me
because then I have to travel to pick up  my medicine. I have to bring
it back, and I'm spending  time and so forth that could be contained
in this  community."

Commissioners in March voted to impose a six-month  moratorium on the
development of land for medical  marijuana dispensaries or grow houses.

County staff reported seeing a spike in interest,  mostly in
establishing grow houses, before the  moratorium was imposed.

Even if commissioners vote Tuesday to lift the  moratorium, the county
still will have to quickly come  up with a temporary process for
permitting the  operations. Otherwise applicants would be no better
off  than if the moratorium had stayed in place.

The options commissioners will consider Tuesday are  permanently
lifting the moratorium, leaving it in place  or lifting it just until
July 1 to give existing  operators a chance to meet the state
requirements.

In a report, county staff recommended against lifting  the moratorium
permanently but was moot on the other  possibilities.

"The other options are policy decisions which are  solely within the
purview of the (board of county  commissioners)," it reads.

The report recommended against lifting the moratorium  if
commissioners are inclined to ban operations in the  future.

"A continuous moratorium would prevent staff and the  public from
wasting resources on the drafting of new  regulations that may never
be adopted or making  business plans that may not come to fruition,"
it  reads.

Under the state law, the location of operations that  grow marijuana
for a center, called an "optional  premises," are confidential and
will be kept out of  public records.

The plants, which can be worth thousands, have been a  target of
break-ins and theft.

But the secrecy creates another problem for the county  if the centers
are to be allowed.

The county's land-use code uses neighborhood  compatibility to
determine whether a land-use permit  should be approved.

"If you can't identify where the property is, how do  you determine
compatibility?" County Attorney Sheryl  Rogers asked.

If you go

La Plata County commissioners will consider lifting the moratorium on
land development for medical marijuana operations during a special
meeting immediately after their regular meeting at 10 a.m. Tuesday in
the commissioners' meeting room at the County Courthouse, 1060 East
Second Ave. 
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MAP posted-by: Jo-D