Pubdate: Thu, 24 Feb 2011
Source: Aspen Times, The  (CO)
Copyright: 2011 Aspen Times
Contact: http://drugsense.org/url/zKpMPhQ7
Website: http://www.aspentimes.com/
Details: http://www.mapinc.org/media/3784
Author: Andre Salvail
Bookmark: http://mapinc.org/topic/Dispensaries
Bookmark: http://www.mapinc.org/find?277 (Cannabis - Medicinal -  Colorado)

COUNTY OFFICIALS WEIGH POT-GROWING REGULATIONS

Medical Marijuana Rules in Other Counties Could Have Local Effect

Pitkin County commissioners on Wednesday bounced around ideas for 
regulations on growing and selling medical marijuana in 
unincorporated areas of the county, but reached no firm decisions and 
said the issue needed further study.

Commissioners appeared to look for a strategy that relies on 
common-sense regulation without suffocating the industry. They 
discussed distance minimums between growing operations and allowing 
marijuana to be grown only in enclosed buildings as measures that 
would cut down on extreme odors wafting from the plants into neighborhoods.

They also spoke of the possibility of dispensaries and growing 
operations being targets for robberies, potentially bringing a crime 
into unincorporated communities. And they pondered whether new 
medical marijuana laws adopted in other counties, such as Boulder and 
Summit, would lead to a large influx of growing operations in Pitkin.

The discussion was prompted by last year's state medical marijuana 
legislation that says the county has until July 1 to adopt 
regulations that are more specific than state rules, should that be 
the route local officials desire.

Last fall, commissioners asked the county's Community Development 
Department to seek input from local groups. During Wednesday's 
meeting, Lance Clarke, assistant community development director, 
reported that most caucuses around the county did not have any 
overwhelming concerns. An exception was the Redstone Community 
Association, which clearly stated that dispensaries should not be 
allowed on Redstone Boulevard.

Clark wrote in a memorandum to commissioners, and reiterated at the 
meeting, that it's likely that the lack of concern is due to the fact 
that there are only two dispensaries and a half-dozen growing sites 
in Pitkin County. Any impact on communities or neighborhoods so far 
has been slight or barely traceable.

A state constitutional amendment passed in 2000 allows medical 
marijuana. While it has been accepted in many areas, 17 counties have 
voted to prohibit the industry outright. In recent months, some local 
governments around the state have passed new limitations on the 
industry, sparking lawsuits from the affected businesses.

Commission Chairwoman Rachel Richards pointed out that since medical 
marijuana patients are allowed to grow their own plants, heavy 
regulations on growers and dispensaries might lead to a situation in 
which the county has little control over enforcement.

"There's a point at which you can get so heavy on your regulation 
that every patient becomes a grow operation for themselves, within 
their own home, in multiplexes and in ways that we would have 
absolutely no regulatory breach," she said.

Too many regulations can have a "balloon effect," she said. "You 
squeeze it here, it very well might come out somewhere else where you 
don't want it," Richards said.

She also asked commissioners not to overlook the revenue potential 
that licensed, regulated dispensaries provide. Some municipalities, 
such as Longmont in Boulder County, have voted to craft an ordinance 
that bans all dispensaries, citing federal law that still recognizes 
marijuana as an illegal substance.

What the county should seek to avoid, Richards said, is a scenario in 
which thousands of patients around the county are growing plants 
within their homes.

"The sense to me is that this is far better off to the public as a 
regulated and upfront business than occurring in people's basements, 
garages or spare rooms," Richards said.

On the question of whether the county should get involved in 
background checks of those seeking a license for growing operations 
or dispensaries, Commissioner Jack Hatfield agreed with most of his 
cohorts that state agencies are better equipped and experienced.

"I don't think we want to get involved on that level," he said of 
background investigations.

Hatfield said the county should not make its rules so restrictive 
that growers find it hard to exist. He suggested that the county 
could conduct a "special review" of operations that are located 
within certain neighborhoods to ensure minimal impacts.

Commissioner Rob Ittner said he supports the state constitutional 
amendment passed 11 years ago and said the county should honor its intent.

"We need to find ways to accept it here in Pitkin County and I don't 
think we should go to the strength of the regulations in our 
neighboring counties," he said.

However, Ittner acknowledged public concerns about issues such as a 
potential rise in crime and the possibility of "backdoor sales" by growers.

"How are do make sure that they are not selling legally to their 
dispensary and [also] selling illegally to the schoolyards?" Ittner asked.

Richards said dispensaries and growing sites shouldn't be singled out 
as possible hotspots for crime.

"Crime is unfortunate in society on any number of levels," she said. 
"When we all think back to the New Year's Eve bombing exploitation 
that happened here a couple of years ago, it's because banks have 
money in them.

"We're not moving to ban banks because they have become potential 
targets for robberies," Richards explained. "There are a lot of 
things that seem to be available for bad elements to exploit."

Commissioner George Newman said the county needs more feedback from 
the public before embarking on a set of new regulations.
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