Jacob Bell
New Member
The bulk of the two-hour work session for the Crawford Town Council on Jan. 19 was looking at the issue of whether to allow or prohibit commercial medical marijuana (MMJ) operations.
Jim Brown, Crawford town attorney, had sent a letter dated Dec. 31 detailing state law and options for the council to consider.
By the time he addressed the mayor and trustees, he had also participated in a class for MMJ business owners where the state law was explained. The class, he said, gave him an interesting perspective.
The town board was given a copy of a flow chart prepared by the Colorado Municipal League (CML). It clearly and simply diagrams what the options are for a municipality to decide regarding commercial medical marijuana (MMJ) businesses in accordance with HB10-1284. Fifteen footnotes used in the diagram specify which Colorado Revised Statute (CRS) permits or gives authority to the municipality to take action.
Brown instructed the council that their moratorium which is slated to end on July 1, 2011, will actually end when the legislature completes their statewide regulations. Those 184 pages of regulations may be effective by March 17. If the Town of Crawford wants to allow MMJ businesses, the trustees should move forward in writing regulations and deciding about what fees to charge. The town can accept applications for licenses for MMJ businesses which would be effective July 1. Or the town could prohibit any or all MMJ businesses.
According to the CML diagram, Crawford is at the very beginning of the process, needing to decide whether to allow or prohibit MMJ businesses. The town has three choices. It could pass an ordinance, have a special election or the voters could petition for the question to be put on a ballot to decide the fate of MMJ businesses.
From any of those three options, if the decision is to allow MMJ businesses, the town council would have to decide who the licensing authority would be prior to July 1. That would be the Town of Crawford which is the licensing authority for liquor sales and establishments. The council could decide to charge fees to cover administrative costs, applications, licensing and enforcement. The third recommendation is to review state regulations to see if the town needs to enact regulations. Those local regulations could include how many feet a MMJ business could operate from a park or school, hours of operation, regulations about signage and how many MMJ commercial businesses would be permitted within town limits.
The council does not seem to want to pay for a special election to have MMJ businesses on the ballot.
According to CML, if the council bans MMJ businesses, it would have to see whether the one MMJ center within town limits complies with state law. Those regulations include being a state resident, comply with 1,000 foot space requirements, filed a state application and paid the fee by Aug. 1, 2010 and certify that the MMJ center was growing 70 percent of their product by Sept. 1, 2010. If the MMJ center fails those criteria, the state will close the MMJ center. If it passes, then the town with legal advise from their attorney will close the existing facility.
Brown's letter explained there are two main licenses according to state law. The first is for MMJ centers including growing medical marijuana on site. The second license is for the manufacture of medical marijuana-infused products, excluding growing the MMJ on site. Either license holder could cultivate MMJ at another site with an optional premises license.
Brown gave the board a copy of the ordinance enacted by the Town of Silverton, and he also recommended the trustees review other ordinances found on the CML website.
Depending on what the town council decides, Brown would write an ordinance with the provisions being inserted in the municipal code as Article 2 in Title 6, which would follow the current town regulations governing licensing and sale of liquor in the town.
With all the information provided by the town attorney, Crawford Mayor Jim Crook appeared skeptical of what was presented. In an interview on the following day, Mayor Crook said the state law is vague and confusing.
If the town doesn't pass its own regulations, people would submit applications for MMJ operations and would be judged by the state's regulations.
"One at a time, the towns in Delta County are prohibiting medical marijuana and Delta County has prohibited MMJ," Brown said. "That means in the area around Crawford there will be no facilities, and in the towns around Delta County there will be no facilities after July 1." If Crawford allows MMJ, it would be the only town to do so in Delta County.
Brown replied when asked by trustee Bill Mosey that there will probably be litigation by those who are proponents of MMJ or those who own current facilities.
Mayor Crook said the town should wait to find out what the final version of the state regulations will be.
Attorney Brown explained the state statute says what the town can decide, and any technical changes to state regulations won't change what the town has the authority to decide. "There isn't that much for a town to decide here," Brown said.
When asked if MMJ-infused products can cross jurisdictional lines, the attorney said no. State statute prohibits that.
During a straw poll at the work session, on whether to allow all MMJ operations or to prohibit all, trustees Hetty Todd, Susie Steckel and Mike Tiedeman were for prohibition with Mayor Crook, Bruce Green and Bill Mosey for allowing the commercial MMJ operations. Trustee Darren Dworsky was absent.
Brown stated again that the commercial MMJ regulations will not affect the constitutional right of those with medical marijuana cards to grow up to six plants and caregivers to grow up to six plants for no more than five patients.
Mayor Crook suggested there should be a license for all businesses in Crawford, and then the council would decide on applications as they came in.
The attorney said the council should decide certain requirements specific to MMJ establishments.
The town board did not want to hold a public hearing before adopting an ordinance, nor did they want to have a ballot issue in a special election and have voters decide. The cost of a special election could run $5,000 to $9,000. Voters would have to approve any sales tax on retail sales if the council allows MMJ.
Brown said town licensing fees for MMJ businesses are ranging from $2,500 to $5,000.
Mayor Crook pointed out the state as of a few months ago had made $26 million in revenue from MMJ businesses. He said the state is a year behind in issuing licenses. "The revenue for the State of Colorado is terrific."
The town council could enact an emergency ordinance at their first meeting in March regarding this issue.
On Jan. 20, Mayor Crook who is co-owner of Beeyard Gardens said he has not sold his business to a MMJ business or anyone else.
The next town council meeting is Wednesday, Feb. 2 at 7 p.m.
News Hawk- GuitarMan313 420 MAGAZINE
Source: deltacountyindependent.com
Author: Kathy Browning
Contact: Contact Us
Copyright: Delta County Independent
Website: Crawford council is split on allowing medical marijuana operations to continue
Jim Brown, Crawford town attorney, had sent a letter dated Dec. 31 detailing state law and options for the council to consider.
By the time he addressed the mayor and trustees, he had also participated in a class for MMJ business owners where the state law was explained. The class, he said, gave him an interesting perspective.
The town board was given a copy of a flow chart prepared by the Colorado Municipal League (CML). It clearly and simply diagrams what the options are for a municipality to decide regarding commercial medical marijuana (MMJ) businesses in accordance with HB10-1284. Fifteen footnotes used in the diagram specify which Colorado Revised Statute (CRS) permits or gives authority to the municipality to take action.
Brown instructed the council that their moratorium which is slated to end on July 1, 2011, will actually end when the legislature completes their statewide regulations. Those 184 pages of regulations may be effective by March 17. If the Town of Crawford wants to allow MMJ businesses, the trustees should move forward in writing regulations and deciding about what fees to charge. The town can accept applications for licenses for MMJ businesses which would be effective July 1. Or the town could prohibit any or all MMJ businesses.
According to the CML diagram, Crawford is at the very beginning of the process, needing to decide whether to allow or prohibit MMJ businesses. The town has three choices. It could pass an ordinance, have a special election or the voters could petition for the question to be put on a ballot to decide the fate of MMJ businesses.
From any of those three options, if the decision is to allow MMJ businesses, the town council would have to decide who the licensing authority would be prior to July 1. That would be the Town of Crawford which is the licensing authority for liquor sales and establishments. The council could decide to charge fees to cover administrative costs, applications, licensing and enforcement. The third recommendation is to review state regulations to see if the town needs to enact regulations. Those local regulations could include how many feet a MMJ business could operate from a park or school, hours of operation, regulations about signage and how many MMJ commercial businesses would be permitted within town limits.
The council does not seem to want to pay for a special election to have MMJ businesses on the ballot.
According to CML, if the council bans MMJ businesses, it would have to see whether the one MMJ center within town limits complies with state law. Those regulations include being a state resident, comply with 1,000 foot space requirements, filed a state application and paid the fee by Aug. 1, 2010 and certify that the MMJ center was growing 70 percent of their product by Sept. 1, 2010. If the MMJ center fails those criteria, the state will close the MMJ center. If it passes, then the town with legal advise from their attorney will close the existing facility.
Brown's letter explained there are two main licenses according to state law. The first is for MMJ centers including growing medical marijuana on site. The second license is for the manufacture of medical marijuana-infused products, excluding growing the MMJ on site. Either license holder could cultivate MMJ at another site with an optional premises license.
Brown gave the board a copy of the ordinance enacted by the Town of Silverton, and he also recommended the trustees review other ordinances found on the CML website.
Depending on what the town council decides, Brown would write an ordinance with the provisions being inserted in the municipal code as Article 2 in Title 6, which would follow the current town regulations governing licensing and sale of liquor in the town.
With all the information provided by the town attorney, Crawford Mayor Jim Crook appeared skeptical of what was presented. In an interview on the following day, Mayor Crook said the state law is vague and confusing.
If the town doesn't pass its own regulations, people would submit applications for MMJ operations and would be judged by the state's regulations.
"One at a time, the towns in Delta County are prohibiting medical marijuana and Delta County has prohibited MMJ," Brown said. "That means in the area around Crawford there will be no facilities, and in the towns around Delta County there will be no facilities after July 1." If Crawford allows MMJ, it would be the only town to do so in Delta County.
Brown replied when asked by trustee Bill Mosey that there will probably be litigation by those who are proponents of MMJ or those who own current facilities.
Mayor Crook said the town should wait to find out what the final version of the state regulations will be.
Attorney Brown explained the state statute says what the town can decide, and any technical changes to state regulations won't change what the town has the authority to decide. "There isn't that much for a town to decide here," Brown said.
When asked if MMJ-infused products can cross jurisdictional lines, the attorney said no. State statute prohibits that.
During a straw poll at the work session, on whether to allow all MMJ operations or to prohibit all, trustees Hetty Todd, Susie Steckel and Mike Tiedeman were for prohibition with Mayor Crook, Bruce Green and Bill Mosey for allowing the commercial MMJ operations. Trustee Darren Dworsky was absent.
Brown stated again that the commercial MMJ regulations will not affect the constitutional right of those with medical marijuana cards to grow up to six plants and caregivers to grow up to six plants for no more than five patients.
Mayor Crook suggested there should be a license for all businesses in Crawford, and then the council would decide on applications as they came in.
The attorney said the council should decide certain requirements specific to MMJ establishments.
The town board did not want to hold a public hearing before adopting an ordinance, nor did they want to have a ballot issue in a special election and have voters decide. The cost of a special election could run $5,000 to $9,000. Voters would have to approve any sales tax on retail sales if the council allows MMJ.
Brown said town licensing fees for MMJ businesses are ranging from $2,500 to $5,000.
Mayor Crook pointed out the state as of a few months ago had made $26 million in revenue from MMJ businesses. He said the state is a year behind in issuing licenses. "The revenue for the State of Colorado is terrific."
The town council could enact an emergency ordinance at their first meeting in March regarding this issue.
On Jan. 20, Mayor Crook who is co-owner of Beeyard Gardens said he has not sold his business to a MMJ business or anyone else.
The next town council meeting is Wednesday, Feb. 2 at 7 p.m.
News Hawk- GuitarMan313 420 MAGAZINE
Source: deltacountyindependent.com
Author: Kathy Browning
Contact: Contact Us
Copyright: Delta County Independent
Website: Crawford council is split on allowing medical marijuana operations to continue
