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CITY TO DEFER ACTION ON MEDICAL MARIJUANA BUSINESSES

The City of Trinidad, currently under a ban on medical marijuana-related businesses, will continue its ban for the immediate future, it was announced at the city?s Aug.  11 council meeting.

The city had amended its business licensing ordinance last fall to enact an ?effective ban? on medical marijuana-related businesses within city limits.  After a discussion on the issue at its July 27 meeting, the council had decided to hold further discussions on the matter at the Aug.11 work session.

City Attorney Jerod Beatty announced to the council at the Aug.  11 meeting that the window of opportunity for the council to possibly place a referendum on the November ballot to allow city voters to decide whether or not to allow the businesses had passed.  ?We had discussed a possible ballot question for the Nov.  2, 2010 election; that would be a special election for the City of Trinidad,? Beatty told the council.

The City of Trinidad?s elections are typically scheduled for odd-numbered years.  Had the city council desired to have an item placed on the November ballot regarding the issue, a letter of intent would have been required to be sent to the Las Animas County Clerk and Recorder by July 23.

House Bill 10-1284 had created, upon its approval in May, a licensing authority for medical marijuana businesses within the state?s Department of Revenue, similar to the regulatory format for the sale of alcohol.  It also tightens the operational regulations for the dispensaries, such as limiting their hours of operation of such businesses and prohibiting the on-site consumption of medical marijuana products.

While Senate Bill 10-109, also approved this year, directed the Colorado Department of Public Health and Environment to continue its oversight on caregivers and the issuance of medical marijuana cards to qualified patients, it also tightened regulations on the cards.  The state is now required to enforce regulations requiring patients seeking cards to be examined and recommended by a licensed physician.  Physicians providing the recommendations are also now prohibited from receiving compensation from the recommendations.

Though the city council had discussed the possibility of having the issue on the November ballot at its July 27 work session, by that time the deadline for submittal of the letter of intent had already passed.  ?We were dealing with more pressing matters and this got pushed to the back burner,? Beatty said at the Aug.  11 meeting.  ?A ballot issue for the city is not really an option in 2010; of course, it could be an option in 2011 or subsequent years.?

Mayor Jennie Garduno responded, ?That being the case, my desire would be to discuss it at a later date.?

The Las Animas County government filed on time at its July 20 meeting a letter of intent to place a ballot issue before voters to approve or not medical marijuana businesses in the county.  The actual ballot measure for the allowance or disapproval of the businesses, however, has yet to be approved by the county?s board of commissioners.