City Limits Medical Marijuana Centers To Three

420 Warrior

Well-Known Member
The Cortez City Council approved an ordinance regulating medical marijuana centers within city limits -- despite objections from three industry workers to limiting the number of centers.

Paul Coffey, owner of Beacon Wellness Group, said he agrees with the ordinance, but not the part that restricts the number of medical marijuana businesses within the city limits to three.

"Why not allow people the potential to invest in our community," he said. "They may fail, but their money stays here. ... Why restrict the potential of $600,000 to $800,000 coming into this community, just because we're not sure what number this community will sustain?"

Further, he said more businesses would allow more options for patients.

The ordinance restriction of three centers was based on the recommendation of the Cortez Medical Marijuana Ad Hoc Committee, which presented the city council with the draft ordinance last month.

There are currently four medical marijuana businesses in Cortez, although one is currently closed for renovations. The committee spent months formulating its recommendations.

City Councilor and ad hoc committee leader Matt Keefauver is satisfied with the decision.

"As someone who is both on the committee and someone who is currently on city council, I feel I am fairly comfortable with where we're at right now," Keefauver said.

Garrett Smith said the restriction would force one of those business to leave.

"Restricting it to three would cut someone out," he said.

None of the existing four medical marijuana centers would be grandfathered in. They all will have to go through the licensing process.

City Manager Shane Hale said it is not preordained which business would be excluded a license as all businesses will have to go through the application process.

The ordinance is similar to one in use in Steamboat Springs, Colo., and enacts an application and licensing system like the existing liquor license for medical marijuana retail centers and medical marijuana-infused product manufacturers.

The ordinance passed, with Councilor Betty Swank voting against.

It also requires criminal background checks for applicants. Under the ordinance, violations of rules could now be punishable on a city level by up to a $500 fine or one year in jail per offense.

In addition, the ordinance requires a distance of 1,500 feet between medical marijuana businesses, other marijuana retail centers and youth facilities.

Costs for city licensing, applications and renewal fees for medical marijuana business owners have not been determined, although suggestions have been made for fees of $2,500 for a city application, $750 for a license and $250 for a renewal.

A similar proposal to institute a licensing system for smokeless tobacco retailers died without going to a vote by the council last July.

The council could have banned medical marijuana businesses entirely. Keefauver has expressed concerns that if retail centers are banned, more individual caregivers will arise to provide medicine, which would be harder to monitor.

Each caregiver can legally provide medical marijuana for up to five patients, and caregivers often operate out of their homes.

Unlike retail centers that are required to be under video surveillance and submit to random inspections, caregivers are more difficult for officials to monitor because they are registered with Colorado Department of Public Health and Environment, which does not have to report caregiver identities or locations to state or local law enforcement.

Next, the council will grapple with committee recommendations regarding caregivers. Banning medical marijuana completely cannot be done by local government because it is protected by the Colorado Constitution.

Enacting local planning, zoning and land use codes to ensure caregivers operate safely have been suggested -- as well as a system for issuing tags for medical marijuana plants.

City Councilor Tom Butler sat on the ad hoc committee. He had made a motion in 2010 to put the issue of allowing or banning centers up to voters as a ballot issue. Council had voted Butler's motion down.

This year, Butler said he reluctantly accepts the recommendations of the ad hoc committee and voted in support of the ordinance.

The ordinance takes affect April 1 of 2012. Applications may be accepted May 1. State and local moratoriums preventing new medical marijuana centers are set to expire this summer.

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News Hawk - 420 Warrior 420 MAGAZINE
Location: Cortez, CO
Source: The Cortez Journal
Author: Reid Wright
Contact: russells@cortezjournal.com
Copyright: 2012 The Cortez Journal
Website: www.cortezjournal.com
 
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