Pubdate: Fri, 02 Nov 2012
Source: Aurora Sentinel (CO)
Copyright: 2012 Aurora Sentinel
Contact:  http://www.aurorasentinel.com/
Details: http://www.mapinc.org/media/1672
Author: Sara Castellanos

REALIZING LEGAL MARIJUANA IN COLORADO COULD BE DECIDED BY INDIVIDUAL CITIES

"I think it would depend on what we hear from people," Markert said.
"If there's unanimous consensus of some sort, and the tea leaves
align, there's probably no sense in wasting time and money on an election."

AURORA - Aurora lawmakers could still choose to ban the commercial
sale of marijuana within city limits if a proposal to legalize
marijuana statewide passes, attorneys say.

Brian Vicente, attorney and co-director of the campaign to support
Amendment 64, said the initiative contains a provision that would
allow any city or town -- even if it's not a home-rule city -- to
refuse marijuana cultivation facilities and retail stores within its
city limits.

"We really wanted to protect the rights of communities to opt out if
they so choose," Vicente said.

If the amendment passes, the city would not, however, be able to
prevent adults ages 21 and over from possessing small amounts of
marijuana and privately consuming the product in their homes.

Aurora lawmakers will be paying close attention to how residents in
Adams and Arapahoe counties vote for the amendment. Aurora City
Councilwoman Molly Markert said if the amendment succeeds, there is a
good chance the city could opt out of the commercial sale of marijuana
if there is overwhelming opposition to the statewide ballot question
in Aurora, which straddles those two counties.

Or, council members could ask voters in Aurora whether they want to
opt-out, similar to the city-wide ballot question they posed to voters
in 2010 about banning medical marijuana dispensaries.

"I think it would depend on what we hear from people," Markert said.
"If there's unanimous consensus of some sort, and the tea leaves
align, there's probably no sense in wasting time and money on an election."

Amendment 64 is the second attempt to legalize marijuana in six years,
and would make possession of marijuana by people older than 21 legal
under state law. It would also establish a system to tax and regulate
the sale of marijuana.

The measure has been met with equal parts support and opposition, but
Vicente predicts that it will garner overwhelming support from Aurora
residents.

He said Aurora voters will see the benefit of tax revenue associated
with legalizing marijuana. If Amendment 64 passes, Vicente said it
could produce about $60 million annually in new tax revenue, the
majority of which would go toward enhancements of public schools in
the state.

But in 2010, a majority of Aurora voters opposed a city-wide ballot
question to legalize medical marijuana sales within city limits. The
final tallies for Arapahoe, Adams and Douglas counties show that
voters in Aurora decided to prohibit dispensaries within city limits
by a margin of 42,347 to 39,224. Back then, Aurora residents who were
critical of medical marijuana said dispensaries could lower property
values and give the city a bad rap. Those who supported the idea of
allowing dispensaries within city limits said they did so because
dispensaries would have created extra revenue for Aurora, a city that
has closed libraries and pools because of budget cuts.

Vicente said this year is different. He's counting on the presidential
election to drive more voters to the polls to support the amendment.

"We're seeing a larger and more diverse voter population where we have
communities of color and young people that are really coming to the
polls in the presidential year," he said. "Those groups are also
disproportionately affected in the war on drugs so they're excited to
change those laws."

City officials are waiting to see what the outcome of the election is
before they make a decision on how to approach marijuana within their
city limits.

The city attorney's office in Aurora has not been asked to prepare a
legal analysis of the potential impacts of Amendment 64 on the city,
said Michael Hyman, assistant city attorney.

But the Colorado Municipal League has come out in opposition of
Amendment 64, saying it will impose restrictive and burdensome
regulatory mandates on municipalities. In cities and towns that
prohibit licensed marijuana facilities, people could still join
together and form a co-op to exceed the six-plant limit per
individual, and they could grow in residential areas, according to the
CML.
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MAP posted-by: Matt