Pubdate: Wed, 16 Dec 2015
Source: Colorado Springs Independent (CO)
Column: CannaBiz
Copyright: 2015 Colorado Springs Independent
Contact:  http://www.csindy.com
Details: http://www.mapinc.org/media/1536
Author: Griffin Swartzell

CITY ADVANCES PARAPHERNALIA RESTRICTIONS, POT TOURISM NUMBERS COME IN, AND MORE

What's that smell? Paranoia?

On its first reading last week, Colorado Springs City Council backed 
an ordinance that would deliver municipal penalties to anyone younger 
than 18 in possession of marijuana paraphernalia, with Helen Collins 
and Bill Murray opposing. As defined, "paraphernalia" extends beyond 
pipes and vape pens to include a wide range of items, from scales to 
plastic bags - anything that smells like or tests positive for 
marijuana. To keep garden tools from qualifying as paraphernalia, 
Councilor Andy Pico proposed removing references to anything used in 
"cultivating, growing, harvesting or composting" marijuana, and Council agreed.

The goal with this ordinance is to make prosecuting marijuana crimes 
a higher priority, in contrast to the state's decision to focus its 
resources elsewhere.

Colorado has laws that prevent non-MMJ patients younger than 21 from 
possessing paraphernalia, and city police can arrest them for 
prosecution in state court. But the state can only levy fines of up 
to $200, or up to $100 for first offenders.

Should the ordinance pass a second reading in January, municipal 
judges could levy fines up to $500 for a first offense. And someone 
prosecuted under this proposed ordinance could also be prosecuted 
separately under the state law.

Come for the pot, stay for ...

The numbers have it: Tourists are intrigued by our pot.

According to The Denver Post, Strategic Marketing and Research 
Insights (SMARI) polled 3,254 potential tourists in major cities. Ten 
percent had visited Colorado between April and September, and of 
those, 49 percent said our marijuana laws had influenced their plans 
to visit. Just 8 percent, however, said they visited a dispensary while here.

"We can see that it's still not a large percentage in terms of what 
people are doing, but it's become more of a motivator for those who 
want to do it," SMARI's Denise Miller tells the Post.

Of the larger pool of potential tourists, 20 percent said marijuana 
laws would make them more likely to visit, whereas 15 percent said it 
would make them less likely. The remaining 65 percent would not be 
swayed either way.

A-Tisket, A-Task force

At the first meeting of the city's MMJ task force, neither officials 
nor members focused on zoning for the city's various dispensaries, 
cultivation businesses, edibles kitchens and concentration labs - the 
very businesses affected by the MMJ-moratorium ordinance that 
mandated the task force's creation. Rather, they discussed abuses of 
the private caregiver system.

An MMJ patient is allowed to grow a certain number of plants - 
usually six, though a doctor can permit up to 99 - or to sign an 
agreement with a caregiver who will grow and process those plants. 
Caregivers may grow for up to five patients, plus themselves, but 
cannot grow more than 36 plants in one house.

At the meeting, Colorado Springs Police Sgt. Roger Vargason claimed 
the city has little power to enforce the limit other than an 
educational "knock and talk." In truth, it can levy reinspection 
fines, civil action or criminal prosecution for continued zoning violations.

Despite its dubious relevance, task force chair and Councilmember 
Larry Bagley says the moratorium is still justified, adding, "We're 
not making the assumption that something needs to be changed, we've 
just been tasked to look at [the situation]."

Notably, the original moratorium proposal did not create a task force 
- - that was added by amendment. At least industry members can relax a 
little, as it appears the heavily regulated industry won't bear the 
brunt of task force scrutiny.
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MAP posted-by: Jay Bergstrom