Pubdate: Wed, 14 Jul 2010
Source: Delta County Independent (CO)
Copyright: 2010 Delta County Independent
Contact: http://mapinc.org/url/5y9TXXEE
Website: http://www.deltacountyindependent.com/
Details: http://www.mapinc.org/media/5139
Author: Kathy Browning
Bookmark: http://mapinc.org/topic/Dispensaries

LITTLE WONDER CRAWFORD HAS A MEDICAL MARIJUANA MORATORIUM

Crawford Mayor Jim Crook and trustee Bill Mosey were disappointed in 
the medical marijuana discussion at the municipal quarterly meeting 
held on June 29 in Crawford. Both expressed displeasure with the 
county's and town's legal counsel on the new state law regulating 
commercial businesses selling, growing or manufacturing medical 
marijuana products.

Dispensaries or medical marijuana centers by state law are to grow 70 
percent of what they sell. The mayor said the centers can have an 
off-premise growing site to grow the 70 percent. "My first question 
is how much is 70 percent?" asked the mayor. State lawmakers "think 
that a (medical marijuana) cardholder is going to be attached to (a 
single) dispensary, and that dispensary is going to have so many 
clientele and the 70 percent isn't going to be that great." Mayor 
Crook continued, "They don't have a clue, they're brainless, that you 
don't have to go to any one dispensary. You can go to any dispensary 
in the state of Colorado if you're a cardholder. I don't care what 
the law is, that's the way the present bill reads. That's the way the 
present amendment reads. So, if they are doing $190,000 a year 
there's no way they can grow 70 percent on premises."

The mayor was incredulous that the 70-page house bill never defines 
what a commercial grower is. "Neither can the county attorney and 
neither can the sheriff tell you what a commercial grower is. You 
need a license? You need a card? What do you do? There's nothing out 
there that says anything," Crook said. "Delta County has outlawed any 
commercial growers, but if you are a patient and a caregiver you can 
grow six plants per cardholder. So, you're allowed to have five 
cardholders at present, which is a new law which probably could be 
disputed because that was not what the original (amendment) was in 
2000. But that's what they have all agreed to. So right now, if you 
are growing 30 plants [Sheriff] Fred McKee is going to do absolutely 
nothing but want to see you are a legal cardholder."

During the municipal quarterly, Mayor Crook asked the sheriff if he 
could plant five plants in the sheriff's back yard? Would he be 
legal, if the sheriff gave him permission? The sheriff replied, "Yes 
you would." Then the mayor asked if the sheriff could look at his 
plants if the sheriff is not a cardholder? The sheriff, according to 
Crook, said, "I don't know." Crook's assessment is, "They don't even 
know what the laws are. So when it comes to all this stuff, all of it 
is premature." The law to have dispensaries grow 70 percent of their 
own product by September, in the mayor's opinion, is impossible.

Apparently most of the marijuana coming into Delta County is grown in 
the Eagle-Vail area. "It's going to be a big tax base," Crook said. 
Right now in Crawford, no one can grow medical marijuana 
commercially. Only cardholders can grow the marijuana for their own 
private stock or as a caregiver.

Trustee Mike Tiedeman asked the mayor if a cardholder has to sign up 
with one medical marijuana center or can a cardholder go to multiple 
centers. That was another question the mayor put to county attorney 
Brad Kolman at the municipal quarterly. Does a cardholder have to be 
locked into one dispensary. The answer was "absolutely not."

The mayor said the state has a database that tracks who has a license 
or a card, but not which dispensary is used. The state is about six 
months behind in their record keeping.

"Until the state comes up and says this is what we are really doing, 
it's really, in my opinion," the mayor said, "that they are wasting a 
hell of a lot of energy and a hell of a lot of tax dollars (on what) 
they know nothing about and may not be able to stop."

Trustee Susie Steckel wants the state to put "a giant tax" on medical 
marijuana businesses "and let it go." She doesn't believe the 
businesses can be effectively regulated.

Bill Mosey recommended the trustees read the information from the 
Colorado Municipal League (CML). "You get more information from the 
[CML] than you do from our county sheriff, our county attorney and 
our town attorney."

There is one medical marijuana center within Crawford town limits. 
The Crawford Town Council has extended their moratorium on all new 
medical marijuana businesses until July 1, 2011.
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MAP posted-by: Jay Bergstrom