Pubdate: Wed, 23 Jan 2013
Source: Denver Post (CO)
Copyright: 2013 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Jeremy P. Meyer
Page: 1A

POT STIRS DEBATE IN DENVER

A Battle Is Heating Up Over Fulfilling Voters' Wishes While
Protecting Area Neighborhoods.

A battle over fulfilling voters' wishes for recreational pot
businesses while protecting neighborhoods is expected to consume
Denver's City Council for the next year as it hashes out how to
implement Amendment 64.

Denver City Council on Tuesday debated the issue for the first time
since November's statewide approval of the amendment that legalized
limited possession and commercial sales of marijuana.

Sixty-six percent of Denver's voters approved the measure, which gave
state and local governments a narrow window to come up with rules and
regulations for implementation.

In a city that became the national model in how it regulates and
licenses medical marijuana dispensaries, some council members are
reluctant to allow recreational marijuana establishments to take root.
But others ask: Why discourage what is likely to be a thriving industry?

Councilman Chris Herndon said voters in his district said they chose
to legalize pot because they were tired of seeing young people go to
jail for possessing small amounts.

But they also told him, "Don't you dare put a commercial establishment
in my community," Herndon said in the council committee meeting. The
first issue the 13-member council must consider is whether marijuana
establishments should be permitted in a city that already has licensed
207 medical marijuana dispensaries. That is more than the 204 liquor
stores licensed in the county.

Denver also has about 50 businesses that manufacture marijuana-infused
products, and about 250 grow facilities have either been approved or
are in the process of gaining approval.

Council members could vote to have Denver opt out entirely and ban the
businesses altogether, which has already been done in Douglas County.
Or the council could ask voters what to do. Or it could opt out now
but leave the option to opt in later, according to Assistant City
Attorney David Broadwell.

The amendment that was passed by 55 percent of Coloradans gave
specific time lines for state officials to come up with regulations by
July 1.

On Oct. 1, the state will begin accepting and processing licensing
applications. That's also the deadline when local governments must
indicate whether they will or won't allow marijuana businesses within
their jursidictions.

"The train is going to start leaving the station Oct. 1," Broadwell
said.

The issues the council must decide:

Does Denver want more time to implement local licensing before
October?

Does it want dual state and local licensing authority, similar to
regulations for liquor licenses?

Does Denver want public hearings before local licenses can be
issued?

Does the city want higher taxes for marijuana?

What about on-site Amsterdam-like marijuana consumption
businesses?

Denver Mayor Michael Hancock, who campaigned against Amendment 64, has
said he doesn't want to get in the way of the council process on the
issue.

His spokeswoman, Amber Miller, said Hancock "is determined to keep our
people safe and healthy and to protect the integrity of our
neighborhoods as we move forward."

Denver's Inter-Neighborhood Cooperation- a citywide network of 100
Denver Registered Neighborhood Organizations - on Sunday issued a
resolution calling for several regulations to be considered by state
and local officials around marijuana businesses, including prohibiting
them within 1,000 feet of a school or another marijuana business.

The organization also said criminal background checks should be
required for any applicant and registered neighborhood organizations
should be notified of any application and hearings should be required
to determine whether a business is "needed or desired within the
neighborhood."

Councilman Paul Lopez agreed, saying neighbors should have a chance to
weigh in on whether the businesses should be allowed - even though
those types of hearings take time and require city staff.

"We need to look into those buffers and make sure people have a
voice," Lopez said.

Councilman Chris Nevitt, however, said even though people initially
reacted against dispensaries, there have been few problems with the
businesses.

"Why fix what is not broken," Nevitt asked. "We haven't faced a ton of
issues. There was the initial, 'Oh, my God, not here.' But for the
most part those problems didn't occur. I would be cautious of creating
a new hurdle," Nevitt said.

Councilwoman Debbie Ortega said the council should also consider the
social implications of the possible increased drug use in a city that
already has a large homeless population - many of whom are addicted to
drugs and alcohol.

Council president Mary Beth Susman said existing businesses are
concerned what marijuana retailers could do to the reputation of the
city and said the committee can expect to hear from those merchants as
the process moves forward.

"All these things we need to think about - economically and socially,"
she said.
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MAP posted-by: Matt