Douglas County commissioners sent a clear message to medical marijuana dispensaries in Douglas County with a zoning resolution to place limitations on where dispensaries can operate.
The zoning change could face a legal challenge from a Colorado attorney who specializes in medical marijuana litigation.
Commissioners on March 30 passed a zoning resolution to regulate medical marijuana facilities, limiting dispensaries and grow houses to the general industrial district in unincorporated areas of the county. Additional limitations in the zoning language include set-back requirements which prohibit dispensaries and growing operations from operating within 1 mile of an elementary school, 2 miles of a middle school or high school and 500 feet from parks and residences.
As a result of the set backs, the resolution limits dispensaries to two locations in the county; a duo of industrial parks in Louviers and an undeveloped parcel near Interstate 25 just north of Larkspur. The resolution effectively makes it impossible for medical marijuana providers to operate in Douglas County, said one opponent to the proposal.
Robert J Corry Jr. is a Denver attorney who attended the commissioner hearing and spoke on behalf of caregivers and patients in the county. Corry began by reminding commissioners the use of medical marijuana is a constitutional right approved by a majority vote of the state's residents.
"Every elected official in the state has taken an oath to uphold the constitution," Corry said. "Some of these provisions may violate the constitution. These restrictions are tantamount to a prohibition."
The restrictions came at the commissioners' request to establish zoning regulations for medical marijuana dispensaries and growing operations. Commissioners ordered a temporary moratorium on such facilities while staff prepared the new zoning resolution. That moratorium was set to expire April 20, said Wendy Holmes, Douglas County public affairs director.
Commissioners passed the resolution as proposed by the planning staff, with some exceptions. The commissioners removed a 500-foot set back between dispensaries, and while the planning department included a provision to allow the county to make unannounced inspections of marijuana dispensaries, those unannounced visits were removed from the language.
For one drug enforcement agent, an unannounced visit to a dispensary is secondary to the greater challenges in Douglas County. Jeff Sweetin heads the case against a Highlands Ranch grower found with 224 plants in his home-based growing operation. The grower, Chris Bartkowicz, was charged with having more plants than legally allowed.
Home-based operations will be prohibited in unincorporated areas of the county as a result of the new zoning resolution.
Sweetin attended the hearing to remind commissioners about the criminal element associated with medical marijuana businesses, which are targeted by "black market" offenders for their product and cash on hand, he said. While there are few statistics to report on the amount of crime associated with medical marijuana businesses, officials agree the street value of the product make dispensaries a natural target, he said.
Sweetin spent the commissioner hearing break making lunch plans with Corry and a potential visit to a local Castle Pines North dispensary. The planning staff reported there are four known dispensaries operating in Douglas County.
Sweetin attempts to maintain a working relationship with people like Corry and the dispensary owners because "you don't advance a dialogue by sitting in your office," he said.
"Not every dispensary is a problem," Sweetin said. "Technically it's still a federal violation, but we don't go after dispensaries. I have bigger fish to fry."
Douglas County's existing dispensaries should be "grandfathered in" and exempt from the zoning changes, Corry said. Corry represents two dispensaries in the county and a handful of caregivers interested in opening dispensaries, he said.
Any clients interested in opening a dispensary outside of the county's industrial boundaries will first exhaust their administrative options, such as a variance to the resolution, and turn to litigation as a last resort, he said.
"I still maintain this is the most onerous regulation at the local level I have ever seen," Corry said. "It just makes no sense, it's excessive."
500 feet from a park or residence
one mile from an elementary school
two miles from a middle or high school
NewsHawk: Ganjarden: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Highlands Ranch Herald
Author: Rhonda Moore
Contact: Highlands Ranch Herald
Copyright: 2010 coloradocommunitynewspapers.com
Website: No toke, no joke
The zoning change could face a legal challenge from a Colorado attorney who specializes in medical marijuana litigation.
Commissioners on March 30 passed a zoning resolution to regulate medical marijuana facilities, limiting dispensaries and grow houses to the general industrial district in unincorporated areas of the county. Additional limitations in the zoning language include set-back requirements which prohibit dispensaries and growing operations from operating within 1 mile of an elementary school, 2 miles of a middle school or high school and 500 feet from parks and residences.
As a result of the set backs, the resolution limits dispensaries to two locations in the county; a duo of industrial parks in Louviers and an undeveloped parcel near Interstate 25 just north of Larkspur. The resolution effectively makes it impossible for medical marijuana providers to operate in Douglas County, said one opponent to the proposal.
Robert J Corry Jr. is a Denver attorney who attended the commissioner hearing and spoke on behalf of caregivers and patients in the county. Corry began by reminding commissioners the use of medical marijuana is a constitutional right approved by a majority vote of the state's residents.
"Every elected official in the state has taken an oath to uphold the constitution," Corry said. "Some of these provisions may violate the constitution. These restrictions are tantamount to a prohibition."
The restrictions came at the commissioners' request to establish zoning regulations for medical marijuana dispensaries and growing operations. Commissioners ordered a temporary moratorium on such facilities while staff prepared the new zoning resolution. That moratorium was set to expire April 20, said Wendy Holmes, Douglas County public affairs director.
Commissioners passed the resolution as proposed by the planning staff, with some exceptions. The commissioners removed a 500-foot set back between dispensaries, and while the planning department included a provision to allow the county to make unannounced inspections of marijuana dispensaries, those unannounced visits were removed from the language.
For one drug enforcement agent, an unannounced visit to a dispensary is secondary to the greater challenges in Douglas County. Jeff Sweetin heads the case against a Highlands Ranch grower found with 224 plants in his home-based growing operation. The grower, Chris Bartkowicz, was charged with having more plants than legally allowed.
Home-based operations will be prohibited in unincorporated areas of the county as a result of the new zoning resolution.
Sweetin attended the hearing to remind commissioners about the criminal element associated with medical marijuana businesses, which are targeted by "black market" offenders for their product and cash on hand, he said. While there are few statistics to report on the amount of crime associated with medical marijuana businesses, officials agree the street value of the product make dispensaries a natural target, he said.
Sweetin spent the commissioner hearing break making lunch plans with Corry and a potential visit to a local Castle Pines North dispensary. The planning staff reported there are four known dispensaries operating in Douglas County.
Sweetin attempts to maintain a working relationship with people like Corry and the dispensary owners because "you don't advance a dialogue by sitting in your office," he said.
"Not every dispensary is a problem," Sweetin said. "Technically it's still a federal violation, but we don't go after dispensaries. I have bigger fish to fry."
Douglas County's existing dispensaries should be "grandfathered in" and exempt from the zoning changes, Corry said. Corry represents two dispensaries in the county and a handful of caregivers interested in opening dispensaries, he said.
Any clients interested in opening a dispensary outside of the county's industrial boundaries will first exhaust their administrative options, such as a variance to the resolution, and turn to litigation as a last resort, he said.
"I still maintain this is the most onerous regulation at the local level I have ever seen," Corry said. "It just makes no sense, it's excessive."
500 feet from a park or residence
one mile from an elementary school
two miles from a middle or high school
NewsHawk: Ganjarden: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Highlands Ranch Herald
Author: Rhonda Moore
Contact: Highlands Ranch Herald
Copyright: 2010 coloradocommunitynewspapers.com
Website: No toke, no joke
