Pubdate: Thu, 22 Jul 2010 Source: La Junta Tribune-Democrat (CO) Copyright: 2010 GateHouse Media, Inc. Contact: http://www.mapinc.org/media/5173 Website: http://www.lajuntatribunedemocrat.com/ Note: By Staff reports MEDICAL MARIJUANA Valley Grapples With Issue 10 Years After State Law Passes In the year 2000, Colorado voters approved Amendment 20, which allowed the legal possession of marijuana for medical purposes. The Colorado Department of Public Health and Environment was then commissioned with the task of administering the Medical Marijuana Registry Program. According to the CDPHE website, as of Nov. 30, 2009 statistics for the registry include: . 33,614 new patient applications have been received to date since the registry began operating in June 2001. Twenty-seven (27) applications have been denied, 23 cards have been revoked, 279 patients have died, and 2,366 cards have expired, bringing the total number of patients who currently possess valid Registry ID cards to 30,919. .74 percent of approved applicants are male. . The average age of all patients is 40. Currently 13 patients are minors (under the age of 18). .58 percent of patients reside in the Denver-metro and area (Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson counties), with the remainder of patients found in counties throughout Colorado. .Patients on the Registry represent all the debilitating conditions covered under Amendment 20. Severe pain accounts for 91 percent of all reported conditions; muscle spasms account for the second-most reported condition at 30 percent. .68 percent of patients have designated a primary care-giver (someone who has significant responsibility for managing the patient's care). * Over 900 different physicians have signed for patients in Colorado. Rocky Ford allows first dispensary In the Arkansas Valley, medical marijuana was not an issue until the city of Centennial was sued for for pulling a business license from a medical marijuana dispensary in light of federal law. As a result of that case, an Arapahoe county judge ruled that Colorado cities could not ban dispensaries. Because of this case, La Junta resident Joseph Carson appeared before council asking them to move on the issue. He even "guaranteed" a lawsuit should the city of La Junta pass a moratorium on clinics. La Junta's city council opted for a moratorium despite Carson's implied threat. That moratorium was used as a means to study the issue. Now, Carson, with his partner Josh Smykowski, has opened a clinic in Rocky Ford called Alternative Pharmaceutical Technologies. During an interview with the Tribune-Democrat, Carson stated that he had tried to open his business in La Junta, but had been forestalled by the moratorium. Carson had made no mention at any council meeting of his plans to open the business in Rocky Ford. Carson's business in Rocky Ford seems to be successful. Carson said that many patients from all over Southeastern Colorado, including Trinidad, Springfield and Lamar, have come to the office within the past two weeks. Aside from Carson's establishment, a dispensary in Sugar City is the only other one operating in the area. Alternative Pharmaceutical Technologies has not yet had a formal opening ceremony, but according to Carson, the business has sent substantial sales taxes from the operation to Rocky Ford. In order to operate the dispensary, the men had to get a Colorado State License and a registry number which is good for one year. The rules for the operation are quite stringent. A patient must send a form letter signed by his primary care provider to the state registry, along with $90, in order to obtain a red card to make him eligible to obtain marijuana legally from a legal dispensary. The employees have to be certified in a manner similar to that used for employees in the gaming industries, such as casinos. The counter must be open to view from the street and 70 percent of the product must be grown on site, which necessitates a good security system. Conditions for which medical marijuana is sometimes prescribed, under Colorado statute, include but are not limited to cancer (any form), HIV, AIDS, glaucoma, any debilitating condition producing severe pain, nausea, seizures, or muscle spasms. Marijuana may be substituted for pharmaceuticals such as Prozac. Currently Post Traumatic Stress Disorder is being considered for inclusion. Struggle of state's rights versus federal law Throughout the last decade, Colorado state law and federal law have been at odds regarding the medical marijuana issue. Students and cities have also been working to have marijuana restrictions relaxed. In April 2010, Nederland voters approved that there would be no more criminal penalties for anyone 21 or older for buying, selling, possessing, consuming, growing or transporting marijuana. On the federal level, in March 2009 Attorney General Eric Holder announced new policy changes that would end raids on medical marijuana dispensaries. This led to a new Justice Department policy that, according to westword.com, instructed federal prosecutors "to not charge people who use or provide medical marijuana if they are in compliance with state laws." Meanwhile, applications for medical marijuana grew to 70,000 by April 2010 in Colorado. By May, Colorado state legislators passed Senate Bill 109, "which regulates medical-marijuana doctor-patient relationships, as well as House Bill 1284, making Colorado the first state in the country to formalize a statewide medical marijuana dispensary system" (blogs.westword.com). For this reason, municipalities in the Arkansas Valley have to decide what they will do regarding the issue. HB 1284 provides some provisions for communities to opt out, or to put limitations on how licenses can be issued. Section 12 - 43.3 - 106 gives a local option in which a "a majority of the members of the governing board for the municipality, county, city, or city and county, vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana-infused products manufacturers' licenses." A governing body does not have to put the issue to a vote, but, as Pueblo has done, may decide whether or not medical marijuana dispensaries will be banned. Here is what different entities are doing in the Arkansas Valley: Rocky Ford On Tuesday, July 13 the Rocky Ford City Council unanimously passed ordinance 867, which dealt with establishing a local licensing authority and licensing for medical marijuana. The ordinance set the zoning restrictions for future medical marijuana businesses, if they decide to attempt to move into the area. The zones, which were amended and deemed, allowed for zones to include half of the 400 block and all of the 500 block on both sides of Main Street. This amendment cut out several blocks, including the 700 block, to keep medical marijuana businesses away from the fairgrounds and former Liberty school building. The 600 block was banned so that clinics will be kept away from highway exposure. Also discussed during the meeting was a proposed measure which was suggested by one of the owners of the current business of Rocky Ford to work out a deal where if the business was given the same tax rates by the city as they were by the state, they would donate 3 percent of proceeds to some club or charity. After discussion, City Manager Dan Hyatt thought that a possible solution may include a statute that says that the present business and any future business would pay the taxes that are already in place, but could receive some sort of reimbursement if they agree to donate the 3 percent to a cause, which would likely go to the city funds. This measure was not voted on, but will be discussed in an upcoming work session and meeting. According to City Manager and Attorney Dan Hyatt, Rocky Ford is charging $10,000 for initial licensing fees and applications. The city charges $2,500 for an application to raise marijuana. "There is a difference here because in order to raise marijuana you have to have an initial license," Hyatt said. To make infused products, the city charges $10,000 for a license as well. There is a $2,500 renewal fee for all licenses on an annual basis. "These costs help offset the cost of law enforcement. That's what we're figuring," said Hyatt. Otero County Otero County Commissioners, at their regular meeting on Monday, passed Resolution No. 2010-012, which prohibits the new construction, alteration, or use of any building, structure, or property used for the sale, distribution, cultivation, and dispensing of medical marijuana and medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses until such time as an election question is submitted to the registered and eligible electors of Otero County on whether to prohibit such uses within the unincorporated boundaries of Otero County, Colorado. On Nov. 2, 2010, the following question shall be submitted to the voters of Otero County: "Pursuant to the authority granted by Section-43.3-106, Colorado Revised Statutes, shall medical marijuana centers, optional premises cultivation operations and medical marijuana-infused products manufacturers' licenses, as those terms are defined in Section 12-43.3-104, Colorado Revised Statutes, be prohibited within the unincorporated boundaries of Otero County, Colorado? Yes or No." The Yes vote would prohibit all medical marijuana operations in the unincorporated areas of the county, a No vote would permit them. Commissioner Kevin Karney pointed out that in 2000, when the medical marijuana legalization, Amendment 20, was passed statewide, Otero County voted against, 4,434 to 2,680. By their action, the Otero County Commissioners became the first entity in the tri-county area to put the question of medical marijuana dispensaries on the Nov. 2, 2010 ballot. La Junta On Monday evening, City Attorney Dean Malouff "strongly encouraged" La Junta City Council to put the issue to a vote so that the people could "exercise their voice" on the matter, since in the past, more rural communities have voted against the matter than for it. Malouff also said that he had already written ordinances based upon council's possible actions. Most communities are putting the issue on the ballot, Malouff said. The wording that many communities, including Otero County, is using for the ballot on a yes, no question is: "Pursuant to the authority granted by C.R.S. Section 12-43.3-106, shall medical marijuana centers, optional premises cultivation operations and medical marijuana-infused products manufacturers' licenses, as those terms are defined in C.R.S. Section 12-43.3-104, be prohibited within the boundaries of the city of La Junta, Colorado?" Councilman Bob Freidenberger moved to accept the city attorney's recommendations and the council approved it unanimously. Both he and Mayor Don Rizzuto were concerned about the wording on the ballot, however. Freidenberger said that they would need to educate the people. "The operative word is 'be prohibited,'" said Malouff. Voting "yes" would mean to prohibit and voting "no" would mean that the voter wants what is listed on the question. The new ordinance detailing the council's actions on the ballot issue will be presented to council for first reading on Aug. 2 and for second reading on Aug. 16. Las Animas The Las Animas City Council does not want to put the issue to a vote before the people because, as they said at their meeting last week, the cost for an election will be between $1,000 and $1,500 and they don't really want to spend the money on an election. Mayor Sena feels the council is elected so they should make the decision. But, the council agrees as a whole to have a public forum to hear from the people. The people were opposed to the issue in a previous election, but they may feel differently now. The council feels that if they approve it, they can make regulations more strict. Before acting on the issue, council said that they would conduct an open forum to hear from the people on Aug. 3 or 5 at 7 p.m. at the elementary school. Once the date is confirmed, the council will announce the forum. Swink The Town of Swink voted on Monday, July 12 to do the same thing as Otero County. - --- MAP posted-by: Jo-D