Pubdate: Wed, 25 Aug 2010
Source: Sky-Hi Daily News (CO)
Copyright: 2010 Swift Communications, Inc.
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Details: http://www.mapinc.org/media/5078
Author: Tonya Bina

GRAND COUNTY VOTERS WILL DECIDE FATE OF MEDICAL MARIJUANA ISSUES

Grand County voters will see a ballot question in November asking
whether marijuana centers, cultivation operations and the sale of
medical marijuana foods should be prohibited.

The question will read "shall medical marijuana centers, optional
premises cultivation operations and medical marijuana infused products
manufacturers' licenses ... be prohibited within the unincorporated
boundaries of Grand County, Colorado?"

In studying a draft version of the question on Aug. 24, commissioners
opted to change the question from "be allowed" to "be prohibited" in
accordance with the state law, meaning a "no" vote would allow those
commercial operations within the county's jurisdiction, subject to a
county 1 percent sales tax.

Commissioner Nancy Stuart was the sole dissenting vote in the 2-1
decision, moving at first to ban marijuana businesses altogether. Her
premise was that voter-approved medical marijuana businesses could
"end up costing the county money" unless the county can "tax the hell
out of it."

Stuart said behavioral health issues will spike if marijuana
businesses are allowed, putting further strain on jails, courts and
mental health services, which are already under-funded in her view.

Upon her motion to ban, Commissioner James Newberry voted against a
ban, and Commissioner Gary Bumgarner abstained, thereby rejecting the
motion.

Newberry said he does not believe legal marijuana businesses would
impact public services already dealing with illegal drug cases.
Marijuana centers by law can only cater to individuals who are
card-carrying marijuana patients, he said, and taxing those businesses
and products could help to fund existing public services -- including
behavioral health services.

After clarifying the oath commissioners take to uphold the state
constitution -- struggling with the conflict between federal policy
and Colorado's constitutional right to medical marijuana -- Bumgarner
moved to put the question before voters.

County Attorney Jack Dicola pointed out to Bumgarner that "marijuana"
is not mentioned in the U.S. Constitution but is explicitly allowed
medically in Colorado, and that putting the question before voters
does not cause a violation of the oath the commissioner had taken. 
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MAP posted-by: Jo-D