Medical marijuana regulations may soon become a reality in Park County.
Members of the Park County Sheriff's Office met with the Board of County Commissioners on Sept. 24 to discuss possible regulation of medical marijuana dispensaries.
County Attorney Lee Phillips said that everyone had anticipated that dispensaries would be regulated by the Colorado Department of Public Health and Environment after Amendment 20 was passed in the 2000 election.
The amendment allows medical marijuana use in Colorado with a physician's recommendation. Each user must register and obtain an identification card from CDPHE.
According to CDPHE's Web site, 800 doctors have signed applications, 11,094 patients have received ID cards, and dispensaries are not registered or licensed.
After a public hearing in July 2009, the CDPHE decided not to develop regulations for dispensaries but leave it up to each county and municipality to decide how to regulate dispensaries.
Phillips said that left local governments with three options: to not regulate, develop regulations, or prohibit dispensaries in their jurisdictions.
Park County Sheriff Fred Wegener said that all counties and municipalities are now struggling with what to do. He said that several Front Range municipalities are going to prohibit dispensaries.
The Arapahoe County sheriff has recommended that its county commissioners prohibit them because dispensaries are an illegal business under federal law, according to Wegener.
Some counties are leaning toward doing nothing and others toward regulation, he said.
Phillips said that federal law enforcement officials have taken the position that they will not enforce the federal law in states that allow medical use of marijuana.
Wegener said that two dispensaries are in the county, that he is aware of individuals with medical marijuana cards growing their own in the county, and that he has had inquiries from others about procedures to operate a dispensary in the county.
Commissioners John Tighe and Dick Hodges both said they have also received inquiries about establishing a dispensary.
According to CDPHE's Web site, 91 individuals in Park County have registered as medical marijuana users.
"I hope in the future, the state will decide to regulate dispensaries," Wegener said. "Until then we have to decide what is in the best interest of Park County."
Development Services Coordinator Tom Eisenman said that the land use regulations will also need to be changed. Currently, he said, a dispensary would be considered a health care clinic under the LURs as an alternative medicine clinic, and growing marijuana for medical uses would be considered a home business.
Eisenman said that under the LURs, health care clinics are only allowed in the Mixed Use zone. That would limit medical marijuana dispensaries to Guffey, Jefferson and Como in unincorporated Park County. He said the dispensary, growers for dispensaries, and the individual growing marijuana for personal medical use are considered medical marijuana health care givers.
CDPHE's Web site states that one can grow up to six marijuana plants for personal medical use if one has received a user ID card from the department.
Eisenman also said that if the commissioners decided to regulate medical marijuana growth by individuals for themselves, or by those growing it for a dispensary, then he would suggest changing the LURs to require growers to obtain a conditional use permit.
Eisenman said he preferred the county prohibit such activities and let the towns decide if they wanted to regulate them in the towns' jurisdictions.
Commissioner Mark Dowaliby said that if the federal and state governments aren't going to regulate medical marijuana use, then he wasn't sure that the county should. Yet if the county did nothing or made regulations too restrictive, the towns could consider their own regulations. He would rather see continuity throughout the county.
Commissioner Dick Hodges said he was concerned about organized crime moving into the county if facilities were permitted.
"I'm afraid that people with a lot of money will come in, and we will not know what's under the surface," Hodges said. He asked if the county could prohibit growing for medical users.
Wegener said he wasn't concerned about organized crime because the Park County elevation and climate leaves a short growing season, and the marijuana would need to be grown in a greenhouse or a residence.
Commissioner John Tighe said he was concerned about breaking federal law. "But what are the feds saying by not enforcing the law?" he asked.
Wegener said that he knew of one instance in another jurisdiction where plants were seized from a medical use card-carrying individual. The plants died during the investigation of a legal identification. The jurisdiction had to reimburse the individual for the loss of the plants. CDPHE's Web site does say the law requires plants be kept alive during an investigation.
Undersheriff Monte Gore said that the voters did approve medical marijuana use, and the county needed to do something reasonable and responsible. He supported regulations similar to the City of Northglenn.
Phillips handed out copies of the Northglenn ordinance. He said that a dispensary must obtain a city permit and a state business and sales tax license. The procedures for a city permit are similar to those for obtaining a liquor license, including a background check. If one has previous violations of controlled substance laws, the permit can be denied. The ordinance also outlines procedures for revoking a permit.
The ordinance limits hours a dispensary can be open, how much can be dispensed to an individual each day, distance from facilities where children are present, such as schools and daycare facilities. and distances from any residential structure. Records on dispensing marijuana must also be kept.
Under the ordinance, individuals applying for a permit must sign an affidavit recognizing that they may still be prosecuted under federal law, and each individual must indemnify the city of any liability.
The ordinance does not allow any marijuana use on the premises of a dispensary or in a vehicle by a medical card carrier.
Captain Mark Hancock of the Park County Sheriff's Office asked if transportation of medical marijuana could be regulated.
Phillips said transporting marijuana could not be regulated, but deliveries could be regulated. He said prescription drug deliveries are highly regulated, and marijuana deliveries could be regulated, including hours of delivery.
He said transportation is driving and traveling, while delivery is where and when something is unloaded.
The county could also require deliveries had to be made in a secure vehicle.
Phillips said that medical marijuana sold by a dispensary is taxable because it is not a prescription drug. Prescription drugs are not taxable. So any jurisdiction that allows the sale of medical marijuana would see a sales tax benefit.
The commissioners decided to meet with the towns of Fairplay and Alma as soon as possible to discuss a unified approach to regulating medical marijuana dispensaries.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Flume
Author: Lynda James
Contact: The Flume
Copyright: 2009 The Park County Republican & Fairplay Flume.
Website: Park County Wrestles With Medical Marijuana Issues
Members of the Park County Sheriff's Office met with the Board of County Commissioners on Sept. 24 to discuss possible regulation of medical marijuana dispensaries.
County Attorney Lee Phillips said that everyone had anticipated that dispensaries would be regulated by the Colorado Department of Public Health and Environment after Amendment 20 was passed in the 2000 election.
The amendment allows medical marijuana use in Colorado with a physician's recommendation. Each user must register and obtain an identification card from CDPHE.
According to CDPHE's Web site, 800 doctors have signed applications, 11,094 patients have received ID cards, and dispensaries are not registered or licensed.
After a public hearing in July 2009, the CDPHE decided not to develop regulations for dispensaries but leave it up to each county and municipality to decide how to regulate dispensaries.
Phillips said that left local governments with three options: to not regulate, develop regulations, or prohibit dispensaries in their jurisdictions.
Park County Sheriff Fred Wegener said that all counties and municipalities are now struggling with what to do. He said that several Front Range municipalities are going to prohibit dispensaries.
The Arapahoe County sheriff has recommended that its county commissioners prohibit them because dispensaries are an illegal business under federal law, according to Wegener.
Some counties are leaning toward doing nothing and others toward regulation, he said.
Phillips said that federal law enforcement officials have taken the position that they will not enforce the federal law in states that allow medical use of marijuana.
Wegener said that two dispensaries are in the county, that he is aware of individuals with medical marijuana cards growing their own in the county, and that he has had inquiries from others about procedures to operate a dispensary in the county.
Commissioners John Tighe and Dick Hodges both said they have also received inquiries about establishing a dispensary.
According to CDPHE's Web site, 91 individuals in Park County have registered as medical marijuana users.
"I hope in the future, the state will decide to regulate dispensaries," Wegener said. "Until then we have to decide what is in the best interest of Park County."
Development Services Coordinator Tom Eisenman said that the land use regulations will also need to be changed. Currently, he said, a dispensary would be considered a health care clinic under the LURs as an alternative medicine clinic, and growing marijuana for medical uses would be considered a home business.
Eisenman said that under the LURs, health care clinics are only allowed in the Mixed Use zone. That would limit medical marijuana dispensaries to Guffey, Jefferson and Como in unincorporated Park County. He said the dispensary, growers for dispensaries, and the individual growing marijuana for personal medical use are considered medical marijuana health care givers.
CDPHE's Web site states that one can grow up to six marijuana plants for personal medical use if one has received a user ID card from the department.
Eisenman also said that if the commissioners decided to regulate medical marijuana growth by individuals for themselves, or by those growing it for a dispensary, then he would suggest changing the LURs to require growers to obtain a conditional use permit.
Eisenman said he preferred the county prohibit such activities and let the towns decide if they wanted to regulate them in the towns' jurisdictions.
Commissioner Mark Dowaliby said that if the federal and state governments aren't going to regulate medical marijuana use, then he wasn't sure that the county should. Yet if the county did nothing or made regulations too restrictive, the towns could consider their own regulations. He would rather see continuity throughout the county.
Commissioner Dick Hodges said he was concerned about organized crime moving into the county if facilities were permitted.
"I'm afraid that people with a lot of money will come in, and we will not know what's under the surface," Hodges said. He asked if the county could prohibit growing for medical users.
Wegener said he wasn't concerned about organized crime because the Park County elevation and climate leaves a short growing season, and the marijuana would need to be grown in a greenhouse or a residence.
Commissioner John Tighe said he was concerned about breaking federal law. "But what are the feds saying by not enforcing the law?" he asked.
Wegener said that he knew of one instance in another jurisdiction where plants were seized from a medical use card-carrying individual. The plants died during the investigation of a legal identification. The jurisdiction had to reimburse the individual for the loss of the plants. CDPHE's Web site does say the law requires plants be kept alive during an investigation.
Undersheriff Monte Gore said that the voters did approve medical marijuana use, and the county needed to do something reasonable and responsible. He supported regulations similar to the City of Northglenn.
Phillips handed out copies of the Northglenn ordinance. He said that a dispensary must obtain a city permit and a state business and sales tax license. The procedures for a city permit are similar to those for obtaining a liquor license, including a background check. If one has previous violations of controlled substance laws, the permit can be denied. The ordinance also outlines procedures for revoking a permit.
The ordinance limits hours a dispensary can be open, how much can be dispensed to an individual each day, distance from facilities where children are present, such as schools and daycare facilities. and distances from any residential structure. Records on dispensing marijuana must also be kept.
Under the ordinance, individuals applying for a permit must sign an affidavit recognizing that they may still be prosecuted under federal law, and each individual must indemnify the city of any liability.
The ordinance does not allow any marijuana use on the premises of a dispensary or in a vehicle by a medical card carrier.
Captain Mark Hancock of the Park County Sheriff's Office asked if transportation of medical marijuana could be regulated.
Phillips said transporting marijuana could not be regulated, but deliveries could be regulated. He said prescription drug deliveries are highly regulated, and marijuana deliveries could be regulated, including hours of delivery.
He said transportation is driving and traveling, while delivery is where and when something is unloaded.
The county could also require deliveries had to be made in a secure vehicle.
Phillips said that medical marijuana sold by a dispensary is taxable because it is not a prescription drug. Prescription drugs are not taxable. So any jurisdiction that allows the sale of medical marijuana would see a sales tax benefit.
The commissioners decided to meet with the towns of Fairplay and Alma as soon as possible to discuss a unified approach to regulating medical marijuana dispensaries.
News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Flume
Author: Lynda James
Contact: The Flume
Copyright: 2009 The Park County Republican & Fairplay Flume.
Website: Park County Wrestles With Medical Marijuana Issues
