Pubdate: Wed, 23 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 LIFTS MARIJUANA MORATORIUM

Existing Medical Operations Get Opportunity For State
Sanction

La Plata County commissioners on Tuesday voted to  temporarily lift a
moratorium on medical marijuana  operations, giving existing operators
a shot at  remaining open while state regulations are drafted.

Had commissioners left the temporary suspension on  land-use
development in place, operators would have  missed the July 1 deadline
when they must prove to the  state that they have local approval or
have applied for  it.

The county Planning Department will begin accepting  applications at 8
a.m. today and will take them until 5  p.m. June 30, when the
moratorium goes back into place.

Commissioner Kellie Hotter voted against lifting the  moratorium while
commissioners Wally White and Joelle  Riddle voted for it.

Riddle's decision was informed by her position on the  state Board of
Health, which has been heavily involved  in the issue on a state
level, but also by her personal  experience.

"I have a son who has cerebral palsy, and should he  choose at some
point to become a member of the  registry," he should have a safe
reliable way to access  (medical marijuana), she said.

Colorado voters legalized medical marijuana in 2000,  but marijuana
operations didn't start emerging in local  communities until last year
when the Obama  administration announced it would not seek to
prosecute  individuals who are complying with state laws, although
medical marijuana remains illegal under federal law.

State lawmakers slammed together a law last session  that sets new
rules for growing and selling medical  marijuana. The law, signed by
the governor earlier this  month, has the state and local governments
sharing  regulatory authority.

On this new stage, state and local governments are  rushing full tilt
to draft their rules - all of which  could become moot if the federal
government changes its  position.

Although for a limited time the county will accept  applications for
land-use permits for medical marijuana  operations, it does not yet
have a process for  reviewing or approving them.

Over the coming months, those will be drafted - a  process County
Attorney Sheryl Rogers said will likely  take hundreds of hours of
attorney time.

Hotter noted the hefty expense it will represent in  times of
shortage.

"This is no small venture," she said.

Riddle said it was nonetheless obligatory.

"That is our job as government to put these things in  place," she
said.

Many medical marijuana entrepreneurs have pointed out  the potential
economic benefits to communities in the  form of jobs and tax revenue.

But Hotter said even economic development, of which she  has been a
strong champion, doesn't always get a free  pass.

"We wouldn't as a community allow a coal-fired power  plant to plop
down in the middle of our community just  because it was going to
bring us extensive revenues or  hire a lot of people," she said.

Hotter said she would like to see county residents vote  on whether
commercial medical marijuana operations  should be allowed.

The state law gives communities the power to prohibit  centers in
their boundaries - Bayfield trustees did  just that - but communities
cannot ban the use of  medical marijuana or its administration by
"caregivers," which require no local license so long as  they provide
medical marijuana to no more than five  patients.

Riddle, however, said the voters had spoken.

"The positive, responsible behavior I think at this  juncture would be
to regulate and to own up to the fact  that medical marijuana has been
legalized for use by  patients, and we have at least 1,500 registered
in La  Plata County," she said.

Riddle said Congress needs to weigh in and clarify  matters at the
federal level.

"We need to stress that those who are in federal office  get off their
heinies and make some good decisions,"  she said to applause.

Before voting, commissioners heard about two hours of  public
testimony from people for and against lifting  the moratorium.

Ann Mooney, who ran an Ignacio motorcycle shop with her  husband,
Steve, strongly opposed lifting the  moratorium, saying the operations
drive down property  values and attract crime.

She cited an ad she recently saw in The Durango Herald  touting a
property with a secure site for growing  medical marijuana.

"How cavalier is that? It's an atmosphere of anything  goes," she
said.

Victor Figueroa, executive director of student support  services for
Durango School District 9-R, said school  officials are wary.

"We are concerned when anything comes across that may  increase our
youths' ability to access drugs," he said.

But grower Jocko McGregor argued that maintaining the  moratorium
would only fuel a black market.

"I may have to go out of business. The guy who takes my  place may not
be as good-footed as me. And someone will  take my place," he said.

Currently, most growers in the county are operating as  home-based
businesses, which does not require a county  permit.

Grower Paul Coffey said regulations would move those  businesses out
of homes and onto farms or into  commercial space.

"Growing in a home is just ridiculous. No one wants to  do that," he
said.

By creating a local permitting process, the county  makes it possible
for operators to get the state's  blessing to remain in business until
the final state  regulations are in place in July 2011. At that time,
all centers - existing and aspiring - will have to  apply under the
same process.

County officials said they expect to revamp their rules  once the
state regulations are in place.

"It wouldn't be a complete do over probably," Rogers
said.

White said state lawmakers likely had urban areas in  mind in crafting
the new medical marijuana law.

"I don't know that they considered the impact on a  rural community
like this," he said.

Despite the rushed and imperfect process, he said he  supported
commercial operations in the county, but with  limits.

"I think it's incumbent on us to try to get some  guidelines," he
said. 
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MAP posted-by: Jo-D