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CITY, COUNTY TO ROLL OUT POT RULES

Everything From Zoning, Morals to Be Considered

There's a lot to weed through when talking about pot.

Discussions may reach new highs Tuesday when the city of Durango and La Plata County holds public hearings on draft retail-marijuana regulations and revised medical marijuana code.  The county hearing is scheduled after a 10 a.m.  planning meeting.  The city will hold its hearing during its 6:30 p.m.  meeting.

The City Council meeting will be streamed live at durangoherald.com.

City councilors will be able to view new maps that reduce the buffers to the stores in some areas while maintaining federal setbacks in others, including a 1,000-foot distance requirement for schools, child care centers and substance-abuse treatment facilities.  The maps don't include home day care businesses as child care centers.  The city is also applying the 1,000-foot distance requirement to parks with children's playground equipment.

The maps indicate allowed zones for recreational pot shops in Bodo Industrial Park, western parts of the city and in Three Springs.  There is space around East Third Avenue and College Drive, but the current draft ordinance bans the stores in the Central Business District.  Recent surveys among the business community seemed to indicate an even split over whether retail pot stores should be allowed downtown.

The draft retail-marijuana ordinance allows for shops and testing facilities but not cultivation or manufacturing businesses.  It also gives those already holding a medical marijuana license first dibs to obtain a retail license.  Anyone may apply for a recreational license on or after Jan.  2.  Pot businesses also are prohibited in residential zones and mixed-use building with residential units.  Social clubs are not allowed.

Medical marijuana rules also are being revised to mirror what's being considered for recreational sales.  The separation requirement is increasing to 1,000 feet to fall in line with proposed rules for retail.  The revisions also include banning marijuana-infused products.

The county is proposing licensing several types of marijuana businesses, including retail stores, cultivation, manufacturing, dual operation of retail and medical facilities and off-premises storage.  The county has a three-person licensing board for medical marijuana applicants and, soon, retail-license applicants.

La Plata County staff members are proposing licensees have good moral character.  The county proposal also defines the many factors its licensing authority can consider in making a decision on moral character.

Inconsistent information on the application and what pops up during the investigation can make a difference, as can civil lawsuits that demonstrate a pattern of fraud or loss of a professional license.  The authority also can consider rehabilitation, character references and educational achievements.

The county also is recommending revising its medical marijuana code to align with the draft recreational language.

Retail stores, unlike medical pot dispensaries, have to post a sign saying it's illegal to sell marijuana to minors younger than 21, it's illegal to transport it outside of Colorado and marijuana possession still is a federal crime.