Pubdate: Fri, 12 Jul 2013 Source: Estes Park Trail-Gazette, The (CO) Copyright: 2013 The Estes Park Trail-Gazette Contact: http://www.eptrail.com/ Details: http://www.mapinc.org/media/1259 Author: Juley Harvey ESTES PARK TRUSTEES TO ADDRESS MARIJUANA ISSUE If marijuana growers, sellers or users thought they would have an easy time establishing roots in Estes Park after the statewide passage of Amendment 64 legalizing the use of recreational marijuana, they may have a surprise in store. At Tuesday's study session of the town board, trustees gave a clear indication of where they are headed - - and it's not toward a bong shop; rather, it's toward an opt-out decision and perhaps a moratorium. The confusing issue that pits state, federal and local jurisdictions against each other, with no clear direction as to how to proceed, will be on the town board's agenda for their Aug. 13 meeting. Town attorney Greg White explained the situation to trustees on Tuesday. Amendment 64 legalized the possession of 1 ounce or less of marijuana by any adult age 21 or older. If those individuals are not violating any other laws, they would be free of any criminal charges, municipal ordinances or state laws. However, White said, the amendment didn't address the federal issue. Under federal law, marijuana is "still illegal," he said. Additionally, Amendment 64 says that four kinds of marijuana establishments are okay: facilities for retail; cultivation; manufacturing; and testing. The legislature established deadlines for the passage of rules and regulations regarding licensing - July 1, Oct. 1 for applications and Jan. 1, 2014, for licensing for retail establishments. There are provisions for taxation - retail sales and excise taxes. An important item for municipalities is the opt-out provision, he told the trustees. Trustees may decide to opt out of inclusion - essentially, what they did on the medical marijuana issue, he added - but they must make that decision before Oct. 1. Should they decide to opt out, there would be no licensing requirements and no discussion of licensing would be necessary, he said. Estes Park would not be a part of the system. Another option would be to direct the town clerk to be the local licensing authority, while allowing the state to take care of the licensing, thus minimizing any additional staff time here, White said. A further option would allow the town to do its own licensing and be more restrictive, regarding amending the land use code and distances from schools where the marijuana establishments could be located. White told the trustees there would be no gap in regulations, because the trustees passed a moratorium on medical marijuana establishments in February; and they must have something in place regarding recreational usage by Oct. 1. It could be a simple ordinance such as in the medical marijuana case, he said. "It's not difficult, if you want to do (it)," he added. The town board could also refer the question to the electorate, White said. However, that vote couldn't take place until November of 2014, and he said the town would have to be in the "licensing business" until then. The citizens could also petition to initiate an ordinance to opt out, but that also would have to wait for a 2014 vote. So, the problem becomes the period of time between Oct. 1 and November 2014, White said. "What do you do?" he asked. "You could try a moratorium (with the intention to vote in 2014.)" He was unsure, however, if that course would be legally sustainable. Trustees expressed concern about what happens outside the borders of Estes Park, but within the county. White said they could work with the Estes Valley Planning Commission and see what happens at the county level. Perhaps commissioners could limit the zoning on marijuana establishments to high industrial or commercial, but restrict it in residential areas. Trustee Mark Elrod asked, jokingly, whether White was suggesting a "joint meeting." Others could see everything "going up in smoke." Trustee Eric Blackhurst said he liked the "opt-in" idea, and if Estes Park citizens wanted to do an initiative, they could. "Estes Park citizens (are) probably overwhelmingly against Amendment 64," he said. Other trustees wanted to know for sure, though, and the board directed town administrator Frank Lancaster to obtain the statistics on how Estes Park citizens voted on the issue from the county. Lancaster said he would provide that data. Elrod said he believed that 51 percent of county residents were in favor of the measure. Trustees also talked about the potential impacts of the marijuana issue on tourism and taxes. They expressed concern about losing the "family-oriented" premiere mountain destination designation. Blackhurst emphasized that "we're a national destination, based upon attractions for families. That's how we're marketing ourselves." That doesn't include marijuana establishments, he added. Trustee Wendy Koenig pointed out visitors can "get their Rocky Mountain High without marijuana." Police chief Wes Kufeld said the image issue is a definite concern and we should be careful about "sacrificing" that image. He admitted to having "pretty strong feelings" on the subject of marijuana, and he sees a pattern similar to the medical marijuana issue developing. He was nervous then, he said, because there were many people establishing medical marijuana facilities in the county. Estes Park kept holding off on the issue and then the board jumped on establishing a moratorium, which he called "very nice." Kufeld said his colleagues in Fort Collins, Loveland and Longmont had problems controlling the establishments that cropped up there. He doesn't want to see an increase in driving under the influence of drugs here, or Estes Park become the home of tourists buying "rubber tomahawks, t-shirts and marijuana." On the enforcement side, Kufeld said the marijuana issue is "difficult and frustrating." The district attorney's office hasn't wanted to prosecute such cases, and law enforcement has backed off until there is "concrete," definitive enforcement guidelines, he said. Statewide, those are lacking, he added. - --- MAP posted-by: Jay Bergstrom