Pubdate: Tue, 22 Jun 2010
Source: Grand Junction Free Press (CO)
Copyright: 2010 Grand Junction Free Press
Contact:  http://www.gjfreepress.com
Details: http://www.mapinc.org/media/4327
Author: John Colson

GARCO COMMISSIONERS ENACT MEDICAL POT MORATORIUM

GLENWOOD SPRINGS, Colo. -- Garfield County has put a  hold on any new
medical marijuana dispensaries in the  unincorporated regions of the
county, starting today.

The Board of County Commissioners this week approved a  moratorium
that does not affect any medical marijuana  dispensaries already in
business, county officials  declared.

The measure is meant to give the county breathing room  and time to
come up with zoning regulations, a  licensing procedure and other
rules governing the  fast-growing industry.

It passed by a vote of 2-1 at the regular board of  county
commissioners meeting on Monday, with  commissioner Tresi Houpt dissenting.

Maintaining that the measure was passed too quickly --  the
commissioners got did not receive a staff memo on  the moratorium
until the same day -- Houpt argued that  the board should wait and
take more time to think about  the possible repercussions of such a
move.

"I don't fully understand all of the unintended  consequences" of a
moratorium, she told her fellow  board members, arguing that it was
too complicated an  issue to approve without deeper
consideration.

The moratorium was passed partly in reaction to the  adoption of new
state laws establishing rules governing  the medical marijuana
industry, which had been largely  unregulated since being originally
approved by voters  in 2000 and has been growing by leaps and bounds
for  the past two years.

According to Fred Jarman, the county's chief planner,  county
regulations do not mention medical marijuana,  which means it is not a
permitted use within the  county's jurisdiction. Under the new state
regulations,  he said, the county is required to come up with a set
of such regulations by July 2011 or simply abide by  state regulations
on the matter.

Jarman, who recently attended a conference on the  subject in Vail,
told the commissioners that their main  job would be to come up with
zoning rules about the  growth and sale of medical pot.

But much sooner, by August of this year, all existing  dispensaries
are required to apply to the state  government for licenses to grow
and sell medical  marijuana, Jarman continued.

That poses a problem, according to some purveyors and  advocates of
medical marijuana, who say the moratorium  will prevent existing
dispensaries from expanding their  growing operations to meet the
requirements of the new  state law.

The legislation, signed into law by Gov. Bill Ritter on  June 7,
requires all medical marijuana dispensaries to  show proof that they
grow at least 70 percent of the  product they sell.

At the meeting on June 21, growers told the Board of  County
Commissioners that this requirement would mean  that many operations
would need to either find land on  which to grow the herb, or expand
the growing  operations they already have. But that, according to
commissioner John Martin, will not be possible in the  county under
the moratorium because medical marijuana  is not a listed permitted
use under any of the county's  zoning laws.

One man said he had relocated to Garfield County from  Eagle County
recently after Eagle County passed rules  that he said made it
impossible to stay in business.

Before doing so, said Michael Grimaldi, he checked with  the Garfield
County planning department and was told  that dispensaries and growing
operations were permitted  under the county's rules governing
greenhouses and  agriculture.

Jarman, however, said he was unaware of any such advice  coming from
his office and planned to check into it.

Grimaldi said he had invested considerable funds into  the business
already and worried that the moratorium  would kill his plans.

"We have to figure that out, too," said commissioner  John Martin
about the legal and commercial  complications posed by regulations
governing the  industry.

He told Grimaldi, "That's the risk factor [a grower  faces] ... just
like any other businessman." More than  once, Martin said that
dispensary operators were taking  a calculated risk, at one point
comparing medical  marijuana crops to corn or other crops.

But others questioned the county's authority to impose  the
moratorium, and the validity of some of the  opinions expressed by
county officials.

Asked whether dispensary operators might be thinking of  legal action,
Jami Hill-Miller replied, "Potentially,  yeah."

Grower Quinn Whitten questioned Martin's contention  that growing
operations are automatically illegal  because they are not mentioned
in the county's codes.  Whitten argued that growing a medicinal plant
legalized  by voters cannot be outlawed by the county.

And one grower, Dan Villemaire, declared that other  industries
deserve moratoriums more than medical  marijuana.

"We should have moratoriums on McDonald's and all the  places that
sell fast food. I think we have enough of  them."

The county will have a work session on the subject on  Aug. 10, and a
"confirmatory hearing" on Sept. 7. At  that hearing, the commissioners
will decide whether to  continue with the moratorium or not. 
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MAP posted-by: Jo-D