Pubdate: Thu, 21 Jul 2011 Source: Mountain Mail, The (Salida, CO) Copyright: 2011 Arkansas Valley Publishing Contact: http://drugsense.org/url/tA8qLKWg Website: http://themountainmail.com/ Details: http://www.mapinc.org/media/4454 Author: Ericka Kastner, Mail Staff Reporter COUNTY TABLES MORATORIUM ON MARIJUANA CHANGES A moratorium on changes of ownership for grandfathered operations and location transfers for optional premises cultivation of medical marijuana was imposed Tuesday in unincorporated Chaffee County. Chaffee County Commissioners took the action during their regular meeting in Buena Vista. Commissioners earlier intended to establish criteria for transfers and set fees for medical marijuana land use applications during the meeting. Tracie Hulbert, a lawyer in Fairplay and attorney for Jeff McClane of Salida, spoke about potential of newly establish criteria "retroactively" impacting her client. Commissioners agreed to table the issue until McClane's request for transfer of operations is resolved. "We have been going by what was in place until today," Hulbert said. "Otherwise it appears that rules could have been made up to defeat my client." Jenny Davis, Chaffee County attorney, asked Hulbert, "What standards are you expecting the board to apply because this is new legislation and previously there were no standards?" Hulbert said she didn't see lack of standards to be the fault of her client and added, "I think that practically speaking, it is almost impossible for my client to meet this criteria." In a May 24 letter to commissioners, Hulbert said McClane's property at 7618 CR 253 in Chaffee County was previously rented to Jan Nelson for a cultivation operation. The letter explained Nelson became delinquent in her rent and was facing eviction. Hulbert requested McClane be allowed to lease his property to a currently licensed cultivation operation from within or outside the county. During a regular meeting of the commissioners on June 21, Don Reimer, development services director for Chaffee County, was instructed by commissioners to inspect McClane's property to determine if operations had remained active. Commissioners are set to make a decision on McClane's request during their Aug. 2 meeting in Salida. Under criteria being considered for transfers or changes in ownership, applicants would need to apply for approval and pay applicable fees in addition to demonstrating that "grandfathered" operations have remained active, "with no cessation of activity." Language of the resolution indicates commissioners may consider establishing nonrefundable fees of $500 for transfer of operations or changes in location and $250 for land use approval. They would be in addition to the previously established $320 fee for expansion of a nonconforming use. As part of the resolution, the applicant would be responsible for additional charges and costs incurred by the county. - --- MAP posted-by: Richard R Smith Jr.