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COMMISSIONER HOTTER WANTS MEDICAL MARIJUANA QUESTION ON BALLOT

Official: Voters Should Weigh In On Commercial Operations In County

La Plata County Commissioner Kellie Hotter wants medical marijuana back on the ballot in November. 

On Tuesday, she directed County Attorney Sheryl Rogers to draft a resolution that would allow voters to decide whether commercial medical marijuana operations should be allowed in the county. 

"We've heard from people and I am assuming we'll hear from more people that they would like to see ...  the voting populace answer this question as opposed to just three commissioners," Hotter said. 

Each commissioner has the power to place an item on the agenda.  The resolution will be considered at commissioners' July 13 meeting. 

Colorado voters legalized medical marijuana in 2000, but a new state law gives local entities the power to ban centers and manufacturing facilities through either action by local lawmakers or a vote of residents. 

Local governments do not have the power to stop authorized people from using medical marijuana.  Similarly, caregivers, who are not licensed, cannot be prevented from providing medical marijuana to up to five patients. 

Centers, on the other hand, are being required to have state and local licenses.  They cannot possess more than six plants and 2 ounces for each registered patient. 

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

A county ban on growers would complicate in-town centers' ability to supply their patients. 

If commissioners fail to approve the resolution, Rogers said it's unclear whether county voters can petition to have the question on the ballot. 

Commissioner Wally White questioned whether a ballot question was necessary. 

Speaking to Hotter, he said, "You may have heard from people, but I have to say, I haven't heard anything about this."

After the meeting, he said he wanted to learn more about it before deciding whether he would support a ballot question.  He said he wasn't clear whether a county ban would apply only in unincorporated areas or throughout the county. 

Commissioner Joelle Riddle told Rogers to ask the attorney general's office whether voters can initiate the process in the case the resolution fails. 

The county currently does not have a process for approving medical marijuana operations but will devise one in coming months. 

Growers hoping to be approved have until 5 p.m.  today to submit a preapplication.  They also will be required to get state approval.