Question 300: Impact Of Medical Marijuana Vote Unclear

Jacob Bell

New Member
Banning medical marijuana businesses in Fort Collins would not completely shut down the local licensed medical marijuana industry.

Two medical marijuana centers - Choice Organics and Flower Power Botanicals - operate just outside Fort Collins city limits in unincorporated Larimer County.

The centers are the only medical marijuana businesses to receive approval from the county after going through its land-use review process. The county banned medical marijuana businesses in 2010 but allowed businesses that had applied for consideration before the ban to finish the review process.

A ban on medical marijuana shops in Fort Collins proper would not be good news for the centers, said Peter Verchick, owner of Flower Power Botanicals, 1308 Duff Drive.

"There might be an increase in business, but I can't take care of that many patients," Verchick said. "I don't have the capacity, and I'm limited on the number of patients I can have by Larimer County."

The county's special review of the business caps the number of patients it may serve at 500. Increasing the number would require amending the special review, Verchick said. But since the county has banned marijuana businesses, that might not be possible.

Banning dispensaries in Fort Collins would be "the worst thing that could happen," said Erica Freeman, co-owner of Choice Organics, 813 Smithfield Drive.
"It would limit patient access to safe medicine," she said. "We are staunchly opposed to the ban."

Closure consequences

Fort Collins voters in the Nov. 1 election will decide Question 300, which, if approved, would ban medical marijuana dispensaries, growing operations and manufacturing of marijuana-infused products from the city.

Supporters of the proposed ban say the dispensary model for distributing medical marijuana that has evolved across the state in the past two years is not what voters intended when they approved an amendment to the state Constitution in 2000 approving the use of marijuana to treat debilitating medical conditions such as severe pain.

Opponents of the ban say the dispensaries are a way for state-registered patients to access marijuana in safe and tightly regulated settings.

Doing away with dispensaries would force patients to the black market or caregivers who would grow in residential areas, opponents say.
Larimer County Sheriff Justin Smith, who has campaigned in support of passing Question 300, said shutting down dispensaries would dramatically reduce the size of the marijuana distribution system in the county and eventually the number of patients.

Patients with legitimate needs still could get the marijuana they need while recreational users would have a harder time getting marijuana, he said.

The dispensary model for distribution is a "farce" that directly led to the number of registered medical marijuana patients in the county increase from 500 to 8,500 in a few years, Smith said.

"We need to get back to the caregiver model as it was originally intended," he said. "It's gone from taking care of a cancer patient who couldn't grow for themselves to something much bigger and entirely different."

Local dispensary owners have spent tens of thousands of dollars to establish their businesses in compliance with local and state regulations, said Steve Ackerman, president of the Fort Collins Medical Cannabis Association.

Few are looking beyond the Nov. 1 election and deciding whether they would change direction and follow the caregiver model if a ban goes into effect, he said. If dispensaries go away, grows will be pushed into residential areas.

"Something has to be able to meet the needs of the patients," he said. "The patients are not going away; the demand is not going away."

Caregivers must register with the state but do not have to follow the same regulations as businesses – such as tracking product from "seed to sale" and 24-hour video surveillance – and the scrutiny of the Medical Marijuana Enforcement Division, or MMED, of the state Department of Revenue, Ackerman said.

State law allows local communities to ban medical marijuana businesses. So far, about 75 communities have rejected dispensaries, including Windsor and Greeley.

Loveland voters last year approved a ban on medical marijuana businesses, forcing seven shops to shut down.

Police Chief Luke Hecker said the closures were done in an "orderly manner" and the city has not seen an increase in large marijuana grows since the ban went into place.

"We're actually seeing a decrease in the use and distribution of marijuana from a crime statistics sense from 2010 to 2011," he said.

Fort Collins limits caregivers to growing 12 plants in a residence, regardless of how many patients live there, with no more than six mature plants ready for harvesting at a time.

Jerry Schiager, interim police chief of Fort Collins, said he is concerned about the possibility that large-scale grows could return to residential neighborhoods. Such grows have been targets for home invasions in the past.

"I want to make sure we don't go back to that," he said.

If voters say no

If voters reject the ban, the local marijuana industry is not likely to change significantly, said Dave Watson, owner of Kind Care of Colorado, 6617 S. College Ave.

Fort Collins has 20 licensed marijuana centers. Lack of demand and other market forces are likely to close down some of them over time, Watson said.

Expanding the caregiver model by shutting down the dispensaries could have a negative impact on the city in addition to limiting patient access to medicine, he said.

"If the ban passes, all the rules and regulations Fort Collins came up with will go out the window," Watson said.

The city's zoning regulations limit marijuana businesses to commercial and industrial areas. With distancing rules – shops may not be within 1,000 feet of schools or other dispensaries or 500 feet of recreation facilities and places of worship – the places a new business could open are "extremely limited," Ackerman said.

The market for medical marijuana remains relatively small, he said.
"This business is not as lucrative as some people think," he said.

A statewide moratorium on new medical marijuana businesses is in effect until July, said chief deputy city clerk Rita Harris.

City members plan to meet this week to discuss how to address a variety of scenarios coming out of the election, Schiager said. Officials plan to study what has happened in other communities that have enacted or rejected bans on medical marijuana businesses.

"We want to be prepared for whatever happens and have the proper tools in place," he said.

abb39.jpg


News Hawk- Jacob Ebel 420 MAGAZINE
Source: coloradoan.com
Author: Kevin Duggan
Contact: Contact Us
Copyright: coloradoan.com
Website: Question 300: Impact of medical marijuana vote unclear
 
Back
Top Bottom