Pubdate: Wed, 08 Feb 2012
Source: Fort Collins Coloradoan (CO)
Copyright: 2012 The Fort Collins Coloradoan
Contact: http://www.coloradoan.com/customerservice/contactus.html
Website: http://www.coloradoan.com/
Details: http://www.mapinc.org/media/1580
Author: Kevin Duggan

FORT COLLINS MOVES TO SHUT DOWN MEDICAL MARIJUANA OUTLETS

Dispensaries Are Scheduled to Close Feb. 14

Medical marijuana businesses are a step closer to officially 
disappearing from Fort Collins.

The City Council on Tuesday gave initial approval to a set of 
ordinances that repeal elements in city code that allow for the 
licensing and operation of medical marijuana dispensaries and grow operations.

The house-keeping ordinances were in reaction to a measure banning 
medical marijuana businesses that was approved by city voters in 
November. The ban is scheduled to go into effect Feb. 14.

But the status of medical marijuana in the city and how it may be 
distributed remains somewhat cloudy. The ordinances, which are 
scheduled for second reading on Feb. 21, may be amended to clarify 
where medical marijuana may be grown and in what quantities.

The proposed ordinances would limit growing marijuana to residential 
areas. Grows would no longer be allowed in select commercial and 
industrial zones.

Council member Ben Manvel said voters wanted to shut down marijuana 
businesses, but they might not have wanted to force grows into 
residential areas.

"This, of course, is not what I want in my neighborhood," he said. 
"It's a policy question. ... ... Do we want to do something which is 
driving the grows into the neighborhoods?"

After a long discussion, council members did not indicate whether 
they would be open to allowing grows in commercial areas. Changing 
zoning regulations to allow the practice would take three to six 
months, officials said.

Another issue yet to be resolved is how many plants may be grown in 
multifamily buildings.

State law allows a caregiver to assist up to five patients with 
medical marijuana. Each patient may have six plants.

Current city law limits caregivers to growing 12 plants in a 
single-family residence, regardless of how many patients live there. 
There's no limit on how many plants may be grown in a unit of a 
multi-family facility.

Ken Correia, owner of Solace Meds, urged the council to allow already 
established grows to continue in commercial areas while limiting the 
number of plants that may be grown.

Correia said he was frustrated by the lack of direction from the 
Council. Correia said he wants to continue serving as many patients 
as the state allows, but he's not sure how he can do that within city 
regulations.

"I'm disappointed," he said in an interview. "They've gotten 
themselves into a legal pickle and they don't know how to get out of 
it. And they didn't answer my question." Some medical marijuana 
businesses have sued the city to overturn the ban. The owners claim 
the ban violates the Colorado Constitution.

A hearing on a request for a temporary restraining order on enforcing 
the ban is scheduled Thursday in Larimer District Court.
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