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Alamosa County Commissioners moved forward with an ordinance regulating medical marijuana facilities yesterday.
The commissioners held a public hearing on Wednesday and voted to continue the hearing until their June 27th meeting when they are expected to take action.
The county will not issue licenses for medical marijuana facilities but will require potential businesses to apply for special use permits in designated zonings. The ordinance provides for distribution and growing operations.
Although county officials acknowledged marijuana is still illegal under federal law, they recognized Colorado statutes under Amendment 20 permit its prescription, growth, sale and use for medicinal purposes.
County Attorney Jason Kelly drafted the ordinance to include these restrictions:
- Customers must be patients who have been qualified by their primary caregivers to use medical marijuana.
- The ordinance is not intended to promote the sale or distribution of marijuana in violation of any applicable law including federal law.
- Applicants are subject to state, federal and local licenses such as retail sales tax licenses, and state medical marijuana licensing regulations still apply.
- Medical marijuana centers and medical marijuana-infused products manufacturers are only permitted in commercial zones within Alamosa County.
- Optional premises cultivation operations are only allowed in agriculturally zoned areas of the county.
- Measured property line to property line, facilities must be farther than 1,000 feet from churches, schools, childcare facilities, dormitories, health service centers, hospitals, public parks and residential properties.
- No marijuana may be consumed or ingested on the premises.
- No one under the age of 18 is permitted on the premises unless qualified to possess medical marijuana and accompanied by a parent.
- A sign of no less than 36"x36" must be posted warning that marijuana is classified as a Schedule I controlled substance, and its use, sale and manufacture is a violation of federal law subject to prosecution. The text on the sign must cover at least 75 percent of the sign's surface area.
- Marijuana must be labeled for medical use and cannot be resold to a third party.
Two current operators of medical marijuana facilities in the San Luis Valley addressed the commissioners during their June 13 public hearing.
Adrian Maestas, who has operated a medical marijuana facility in San Luis for more than two years, said the business he runs with Leonard Garcia has encountered no problems or violations during that time. He said the state requires security alarms and cameras, which Alamosa County's ordinance did not mention. He added that customers must possess red cards and show identification proving they are permitted to purchase medical marijuana.
Maestas said he would like to open a business in Alamosa County.
He asked if the county was going to put a limit on how many medical marijuana businesses would be allowed. Kelly said the county would not do that, but each application for a special use permit would come before the board of commissioners.
"After awhile they will weed themselves out," said County Commissioner Darius Allen. "It's competition, supply and demand."
Diane Dunlap, who is also licensed, congratulated the county on a very impressive draft document. She said it was thorough and comprehensive.
She questioned why industrial zoning was not also included in the ordinance and asked that it be included in the final draft. She said within the county there are very few available commercial storefronts, other than in East Alamosa, but there are more industrially zoned storefronts available.
County Land Use Manager Juan Altamirano said there are certainly commercially zoned areas in East Alamosa and by Road 106. Some of the commercially zoned parcels do not currently contain buildings, he said.
Dunlap also questioned a provision in the county's proposed ordinance requiring state licensing approval within 90 days of provisional approval by the county. She said licensing at the state level could take six months, especially since state staff have been cut. She suggested the local approval be contingent on state approval, without a timeline attached.
She added, "the state will not even consider giving a license until there has been local approval. Until they get notice from Alamosa County, they are not even going to look at any documents that are submitted."
Altamirano stressed the county ordinance relates to zoning and land use applications.
"It is not a license we are going to be granting," he said. "At the county level what we would be issuing and reviewing is a special use application ... We will issue a permit for a land use."
Kelly added, "All the state requires would still apply."
News Hawk- TruthSeekr420 420 MAGAZINE
Source: alamosanews.com
Author: Ruth Heide
Contact: Valley Courier Important Breaking News and Today's Top Stories | Valley Courier
Website: Valley Courier County takes up medical marijuana
The commissioners held a public hearing on Wednesday and voted to continue the hearing until their June 27th meeting when they are expected to take action.
The county will not issue licenses for medical marijuana facilities but will require potential businesses to apply for special use permits in designated zonings. The ordinance provides for distribution and growing operations.
Although county officials acknowledged marijuana is still illegal under federal law, they recognized Colorado statutes under Amendment 20 permit its prescription, growth, sale and use for medicinal purposes.
County Attorney Jason Kelly drafted the ordinance to include these restrictions:
- Customers must be patients who have been qualified by their primary caregivers to use medical marijuana.
- The ordinance is not intended to promote the sale or distribution of marijuana in violation of any applicable law including federal law.
- Applicants are subject to state, federal and local licenses such as retail sales tax licenses, and state medical marijuana licensing regulations still apply.
- Medical marijuana centers and medical marijuana-infused products manufacturers are only permitted in commercial zones within Alamosa County.
- Optional premises cultivation operations are only allowed in agriculturally zoned areas of the county.
- Measured property line to property line, facilities must be farther than 1,000 feet from churches, schools, childcare facilities, dormitories, health service centers, hospitals, public parks and residential properties.
- No marijuana may be consumed or ingested on the premises.
- No one under the age of 18 is permitted on the premises unless qualified to possess medical marijuana and accompanied by a parent.
- A sign of no less than 36"x36" must be posted warning that marijuana is classified as a Schedule I controlled substance, and its use, sale and manufacture is a violation of federal law subject to prosecution. The text on the sign must cover at least 75 percent of the sign's surface area.
- Marijuana must be labeled for medical use and cannot be resold to a third party.
Two current operators of medical marijuana facilities in the San Luis Valley addressed the commissioners during their June 13 public hearing.
Adrian Maestas, who has operated a medical marijuana facility in San Luis for more than two years, said the business he runs with Leonard Garcia has encountered no problems or violations during that time. He said the state requires security alarms and cameras, which Alamosa County's ordinance did not mention. He added that customers must possess red cards and show identification proving they are permitted to purchase medical marijuana.
Maestas said he would like to open a business in Alamosa County.
He asked if the county was going to put a limit on how many medical marijuana businesses would be allowed. Kelly said the county would not do that, but each application for a special use permit would come before the board of commissioners.
"After awhile they will weed themselves out," said County Commissioner Darius Allen. "It's competition, supply and demand."
Diane Dunlap, who is also licensed, congratulated the county on a very impressive draft document. She said it was thorough and comprehensive.
She questioned why industrial zoning was not also included in the ordinance and asked that it be included in the final draft. She said within the county there are very few available commercial storefronts, other than in East Alamosa, but there are more industrially zoned storefronts available.
County Land Use Manager Juan Altamirano said there are certainly commercially zoned areas in East Alamosa and by Road 106. Some of the commercially zoned parcels do not currently contain buildings, he said.
Dunlap also questioned a provision in the county's proposed ordinance requiring state licensing approval within 90 days of provisional approval by the county. She said licensing at the state level could take six months, especially since state staff have been cut. She suggested the local approval be contingent on state approval, without a timeline attached.
She added, "the state will not even consider giving a license until there has been local approval. Until they get notice from Alamosa County, they are not even going to look at any documents that are submitted."
Altamirano stressed the county ordinance relates to zoning and land use applications.
"It is not a license we are going to be granting," he said. "At the county level what we would be issuing and reviewing is a special use application ... We will issue a permit for a land use."
Kelly added, "All the state requires would still apply."
News Hawk- TruthSeekr420 420 MAGAZINE
Source: alamosanews.com
Author: Ruth Heide
Contact: Valley Courier Important Breaking News and Today's Top Stories | Valley Courier
Website: Valley Courier County takes up medical marijuana
