Pubdate: Fri, 07 Jun 2013
Source: Gazette, The (Colorado Springs, CO)
Copyright: 2013 The Gazette
Contact: http://www.gazette.com/sections/opinion/submitletter/
Website: http://www.gazette.com/
Details: http://www.mapinc.org/media/165
Author: Alison Noon

WOODLAND PARK BANS MARIJUANA SALES

Woodland Park joined a growing number of Colorado municipalities 
Thursday night in banning retail marijuana.

The city council of the 7,000-person mountain town voted 3-2 to amend 
city code to prohibit marijuana cultivation, testing, product 
manufacturing, clubs and retail sales, a law that takes effect as 
soon as the city publishes the updated version. The city's moratorium 
on medical marijuana was set to expire July 1.

The decision came at about 11:30 p.m. Michael Slivka, an attorney in 
Woodland Park, was the only town resident to give comment, backed pot 
retailing.

"I believe the members of this council are required to follow the law 
of the state constitution," Slivka said, referring to the amendment 
to the Colorado Constitution voters approved last November to allow 
marijuana within the state.

Based on Thursday's late-night discussion, Woodland Park City Council 
passed the ban primarily because marijuana remains illegal on the 
federal level.

"It's simple to me, it's against the law," Councilwoman Carrol Harvey said.

Councilman Gary Brovetto also opposed the cultivation and possession 
of marijuana because it is a controlled substance on the federal level.

"It's your opinion that marijuana is not against the law," Brovetto 
told Slivka.

It was unclear why Brovetto joined Councilman Robert Carlsen in 
voting against the ordinance. Carlsen said he voted for Amendment 64 
to end prohibition era-like violence.

City Attorney Erin Smith told the council Thursday night that if it 
did not pass the ordinance and ban marijuana sales, the city would 
face the task of regulating the new industry.

Local municipalities are not required, however, to take any action 
unless they choose to diverge the specifics detailed in Amendment 64 
and the six subsequent marijuana laws signed by Governor Hickenlooper 
on May 28.

Following legalization, cities can enact local time, place, manner 
and number restrictions on retail marijuana licenses, as well as 
banning the operations.

Cities around the state, including Pueblo most recently, are placing 
moratoriums on the sales before making more permanent decisions. 
Others, such as Monument, have amended city codes to disallow retail 
marijuana within city limits.

A few counties, too, have banned the sales within unincorporated areas.

"The tendency is to push it away, see what happens elsewhere, then - 
down the road - address it," former Woodland Mayor Steve Randolph said.

In Denver, city council members made an informal agreement Monday to 
go forward with retail sales of recreational and medicinal marijuana 
despite disfavor from Denver Mayor Michael Hancock. He advised the 
council in April to enact a two-year moratorium and ban pot clubs.

A similar situation is emerging in Colorado Springs. Mayor Steve Bach 
has urged the City Council on to ban it, but the council, including 
six new members who campaigned on the topic, appears to be leaning 
toward allowing sales.

El Paso County saw $34.9 million in medical marijuana sales last 
year, which resulted in about $1 million in state sales tax, the 
Colorado Department of Revenue found. El Paso far surpassed Boulder, 
Jefferson and Larimer counties in sales, and was second only to 
Denver, which rang up nearly $88.5 million.

Colorado Springs City Council will hold a public hearing on the 
future of retail marijuana in the city at 1 p.m. June 27 on the third 
floor of City Hall, 107 North Nevada Ave. A decision on whether or 
not to ban it is expected by July 23.
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MAP posted-by: Jay Bergstrom