Pubdate: Fri, 14 Jan 2011
Source: Summit Daily News (CO)
Copyright: 2011 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: Caddie Nath

BRECKENRIDGE YOUTH RAISES ISSUES WITH HOMEGROWN MARIJUANA

Town Council Tackles Issue After Young Resident Raises Concerns

BRECKENRIDGE - A 13-year-old boy's letter of concern with the smell 
of home-grown marijuana permeating his neighborhood has the 
Breckenridge Town Council grappling with the logistics of regulating 
medical marijuana growth in private homes.

Council members considered a highly restrictive ordinance at a work 
session Tuesday inspired by the 13-year-old's letter, which would set 
tight regulations around the residential growth of medical marijuana.

"My big concern is smell," Councilman Jeffrey Bergeron said Tuesday.

But the council, which has tried to keep medical marijuana out of 
residential parts of town, is somewhat limited in its ability to 
restrict home-growing operations by an amendment to the Colorado 
Constitution. Amendment 20, approved by voters in 2000, allows 
licensed patients and their live-in caregivers to grow marijuana 
plants in their homes for private use.

Tim Berry, the town attorney, told council members he was concerned 
about the possible legal ramifications of an extremely restrictive 
private growing policy.

"You could look at a flat prohibition against residential growth," 
Berry said at Tuesday's work session. "I really, really don't think 
we have the right to do that. I think this is about as tight as we can get it."

Concerns raised The home-grown marijuana issue was first raised in 
December, after the council received the letter from the Breckenridge 
teenager, who asked that his name not be used in this story. The 
letter explained his frustration with marijuana in his community, 
from the smell on the gondola to the neighborhoods where children live.

The boy's neighbor, who was growing pot residentially, had an exhaust 
system that blew the marijuana smell near the boy's front door. The 
boy said he got tired of the smell and finally wrote the letter to council.

"That was the first time residential growing had ever come to our 
attention," Councilwoman Jennifer McAtamney said. "We gave (the 
staff) direction to figure out what we could do about it."

The town staff put together the ordinance presented to the council 
Tuesday. The council has not yet voted on the measure, but if 
adopted, it would prohibit privately grown marijuana from being 
perceptible outside the residence in any way.

Under the policy, medical marijuana could not be perceptible by 
smell, visually or even by "undue vehicular or foot traffic" near the 
house where it is grown.

The ordinance would also restrict private growers to the letter of 
the law as it is set forth in Amendment 20 and would prohibit 
residential growing in any location accessible to children, visitors 
or anyone not licensed to possess medical marijuana.

Patients or caregivers growing in a property they do not own would be 
required to get written permission to grow from the property owner 
under the ordinance, which also sets guidelines for where and how 
medical marijuana can be grown on the private property.

Violation of the ordinance regulations would be a misdemeanor.

The proposed ordinance is only the most recent local chapter in the 
statewide saga of medical marijuana regulation, which has created a 
maze of questions around the perimeters of federal, state and local 
regulatory authority.

Breckenridge and the county have tabled discussions concerning the 
regulation of commercial medical marijuana centers and related 
questions until summer, anticipating amendments to a medical 
marijuana bill passed during the 2010 Legislative session.

The bill does not address residential growth of medical marijuana or 
local governments' authority to regulate it.

The town council will take a first vote on the residential grow 
ordinance presented Tuesday at its next meeting, Jan. 25.
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MAP posted-by: Jay Bergstrom