Pubdate: Thu, 21 Oct 2010
Source: Summit Daily News (CO)
Copyright: 2010 Summit Daily News
Contact: http://apps.summitdaily.com/forms/letter/index.php
Website: http://www.summitdaily.com/home.php
Details: http://www.mapinc.org/media/587
Author: Drew Andersen

DILLON ON POT SHOPS: NO THANKS - FOR NOW

Town likely to exercise local option for prohibition of MMJ
businesses

The Dillon Town Council will likely go for the "local option" to
prohibit medical marijuana businesses within town limits.

The town currently has no medical marijuana, or MMJ, businesses within
town limits and has a moratorium in place through the end of the year
to prevent any medical marijuana businesses from submitting business
applications. Rather than issue another moratorium, the council will
likely vote on whether to excersize the public option for prohibition
- - as provided by House Bill 10-2184 - at a meeting in November.

Council does not necessarily see prohibition as being a permanent
fixture in Dillon, but rather a means of putting the issue to rest in
the short-term without having to constantly renew the moratoriums,
which only last for 90 days at a time.

Town attorney Mark Shapiro advised council to "stay on the trailing
edge" of the debate, as Dillon is in a unique position of having a
"clean slate" - currently having no medical marijuana facilities
within town limits. Prohibition would allow the town to watch the
national and statewide debate about medical marijuana from the
sidelines and make an informed decision after the issue has been resolved.

Councilmember Tim Westerberg said the issue would be more pressing if
Dillon were an isolated community and council was denying citizens
access to a necessary, medical drug. Because there are MMJ businesses
in Silverthorne, Frisco and Breckenridge, Dillon's citizens still have
easy access to medical marijuana, and if council decides at a later
date to allow and regulate MMJ businesses, it can do so. If council
were to allow MMJ businesses now and decide later to prohibit them, it
could lead to a messy legal debate with established businesses.

"You can't put the milk back in the cow," Westerberg
said.

Prohibition would only apply to MMJ businesses - not to medical
caregivers, who are allowed five patients each and can operate from
their homes. Police Chief Joe Wray said local authorities had not had
significant issues with caregivers or MMJ within town limits.

Mayor Ron Holland and Councilmember Lucinda Burns were both in favor
of regulating MMJ businesses and allowing them to operate, as both
believe the debate is ultimately heading in that direction, and the
tax benefit from the new businesses could be a boon for the city. The
other five members were in favor of either extending the moratorium or
enacting the local option.

The town's only other option would be to lay out guidelines for MMJ
regulation within town limits and put the matter to a vote of the
citizens through a special election - an option supported in part by
Councilmember Doug Roessel. According to Shapiro, this option would
take at least 90 to 120 days to bring to fruition, and the current
moratorium would expire before that time.

Council also hopes that by choosing the local option, it will receive
more input from member of the community with respect to the direction
the town should take on the matter.

Other Western Slope towns such as Avon, Vail and Grand Junction have
already enacted the local option.
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MAP posted-by: Matt