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Thursday, October 22, 2009

Dillon close to approving medical marijuana regulations

Vail votes down possible dispensary regulations in favor of waiting for more information

Joe Warner with the Denver paper Westword examines marijuana at Lotus Medical in Denver on Monday. Amid such dispensaries opening all over the state, the Denver alternative newspaper recently posted an ad for a reviewer of the state's hundred-plus marijuana dispensaries and the products they sell. Warner is doing the assignment until the paper hires someone permanently.
Joe Warner with the Denver paper Westword examines marijuana at Lotus Medical in Denver on Monday. Amid such dispensaries opening all over the state, the Denver alternative newspaper recently posted an ad for a reviewer of the state's hundred-plus marijuana dispensaries and the products they sell. Warner is doing the assignment until the paper hires someone permanently.ENLARGE
Joel Warner
Joe Warner with the Denver paper Westword examines marijuana at Lotus Medical in Denver on Monday. Amid such dispensaries opening all over the state, the Denver alternative newspaper recently posted an ad for a reviewer of the state's hundred-plus marijuana dispensaries and the products they sell. Warner is doing the assignment until the paper hires someone permanently.
(AP Photo/Ed Andrieski)
Vail bans marijuana dispensaries for now
VAIL — Police Chief Dwight Henninger doesn't want medical marijuana dispensaries anywhere in the town his department polices.
Henninger told the Vail Town Council that the dispensaries would be a “direct conflict with over 40 years of work at being the premier mountain resort community,” in an Oct. 16 memo.
Town staff and the town's Planning and Environmental Commission recommended the town approve allowing dispensaries in certain zoning districts, mainly commercial districts away from tourist areas in the town, but the Town Council voted to essentially ban dispensaries temporarily at its Tuesday night meeting.
“I don't think there's a rush to address this,” Councilman Farrow Hitt said.
Hitt said the town might be making a bigger issue out of medical marijuana dispensaries than it needs to, but said the town should wait and get more information from things like the Colorado Municipal League's report expected next year that would outline how various municipalities throughout the state have handled dispensaries and their ripple effects on communities.
Henninger said the children in Vail already struggle with identifying appropriate adult conduct because they see guests “acting out” while on vacation.
“Approving the sale of ‘legal' marijuana in Vail may further cloud their view of suitable behavior as they approach adulthood,” Henninger said.
Town Attorney Matt Mire said Tuesday's vote to deny the ordinance that would have allowed dispensaries in certain zoning areas bans the dispensaries for now, but the new Town Council could direct staff to draft another ordinance in the future.
“They're prohibited until allowed,” Mire said.
Mire said the town should, however, officially define medical marijuana dispensaries as a use other than medical office, pharmacy or retail. Town staff said dispensaries are a mix of those three uses, but don't fall under any one of those specific uses. Defining the use would eliminate the possibility of someone opening a dispensary in town by applying for a business license for one of those three uses.
Councilman Andy Daly said the Vail community has always been family-oriented and medical marijuana dispensaries aren't consistent with that.
Council members Kevin Foley, Kim Newbury and Mark Gordon also said the town should wait for more information before deciding to approve or again deny dispensaries, and Mayor Dick Cleveland said the town should prohibit them until the state legislature votes to correct some of the flaws in Amendment 20, the statewide voter-passed amendment that legalized medical marijuana in 2000.
—Lauren Glendenning, Vail Daily
DILLON — Dillon is likely one month away from approving its own set of medical marijuana dispensary regulations, on the heels of its neighbors — Frisco and Breckenridge. Silverthorne is still in the process of approving its own regulations.

“I'd like to move forward on it,” said Mayor Barbara Davis, who agreed with town manager Devin Granbery at Tuesday's work session that it's time to get in front of the issue and put rules in place before a dispensary comes to town.

Other town council members agreed, but there was also concern about the vague nature of medical marijuana regulations in general — “There's just so much unknown,” said councilwoman Mary Forsythe.

A first official approval of the ordinance will likely occur on Nov. 3. A final approval and a public hearing for Dillon's medical marijuana dispensary regulations could then happen on Nov. 17. Since the moratorium on dispensaries expires on Nov. 18, the town will need to extend the moratorium to avoid any loopholes.

Dillon's proposed ordinance will include limits on location (not near residential areas), operation standards (constraints on when it can be open) and signs (no marijuana plant symbols will be allowed). Council members also agreed dispensaries shouldn't be allowed to open with in 500 feet of an existing dispensary. On-site consumption of marijuana products won't be permitted, and the businesses in questions won't be able to open in the town core. Criminal background checks will be required of potential owners and store managers, not every single employee.

Other concerns included product quality and possession regulations, as well as an overall confusion about how and the state will eventually monitor and control the situation.


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