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October 19, 2009 11:37 PM UTC
24 Comments
home rule municipalities in Colorado are all deciding individually whether or not to allow medical marijuana dispensaries.
Some cities have made medical dispensaries an “allowable land use”- like Denver, Boulder and Northglenn.
Other cities have approved ordinances that state that medical marijuana dispensaries are NOT an “allowable land use”- like Aurora, Thornton and Littleton.
Thornton’s vote, last Tuesday was split 7-2 not allowing them.
Cities like Westminster and Federal Heights have placed moritoriums on dispensaries until they study the issue more and make a decision on whether or not to allow.
Great thought provoking diary redstate. Too bad no other responding posts. Everybody must be watching the Broncos/Chargers football game and the Phillies/Dodgers baseball game tonight. Go Broncos! Touchdown!
It’s a tricky thing because, in my opinion, cities should have a right to decide whether or not to allow a business to open that might affect their community. Whether or not those arguments against are valid, I think Aurora has a right to say no to medical marijuana dispensaries, just like Boulder has the right to say no to Wal-Mart.
At the same time, people should be able to get access to their medicine, and if the state says its legal, I don’t know if that’s a legitimate argument against their “allowable land use” status.
Thanks again for the kind comment.
As far as Walmart, I voted NO to Walmart in 2004 and 2005. I was on the majority side in 2004 and the minority side in 2005.
I agree with you that some of these decisions should be made by each community. It just sucks when your on the progressive and losing side of a particular vote. And the more authoritarian and conservative side makes the policy. That’s ok, eventually we will get it right and history will show that reasonable, progressive folks who want to do their part to ease people’s suffering is a good thing.
From the Denver post…
Looks like the state won’t look at this issue, so indeed it will be regulated, in one way or another, by localities.
Land use law and what local communities allow has long been used to bar certain legal but “undesirable” businesses. Most notably are adult video/bookstores, strip clubs, etc. I have friends in the car business who tell me local communities try to limit small used car lots by allowable land use criteria because they just don’t want them (or perhaps the larger dealerships don’t want them).
Be that as it may, a local community cannot simply ban a business carte blanc under allowable land use theory. It cannot be arbitrary and capricious. Every case is different, but what comes to my mind is Commerce City a few years ago trying to shut down a BDSM club the city had previously granted a license to operate. The club took the city to District Court and won, the city appealed to State Appellate Court and lost. The city considered appealing to the State Supreme Court but decided not to, and the Appellate Court ruling stands and the club continues to operate to this day.
Let’s see California, $1.3 to $1.7 Billion in taxes, countless jobs. The pot industry is here to stay. Lawyers, CPAs, Growers, Pot Professionals, Grow House Farming equipment, Computer Point of Sale systems, Advertising and website firms….yeah, those are jobs being fueled by this industry.
When we open in the next week or so we will be employing a bunch of people, paying a landlord whose retail property has been sitting for a long time, basically stimulating the economy and even healthcare!
Time for politicians to understand what this is about.
I am inviting our Elected Officials to come see a dispensary, first hand. Formal invites will be sent as soon as the ink dries on our lease. I would ask each of you to pressure your legislative person to accept our offer and come expand their minds to new ideas that will help with jobs and the economy.
Yes, America, Pot Prohibition is nearing its end!
I am also glad I will not be doing time in Federal Prison.
allowing the State to levy a tax on medical marijuana? Say, 7% tax on any pot or paraphernalia sold from dispensaries?
What about additional rules that further regulate the dispensaries? Maybe state rules that say dispensaries shouldn’t be located within 1000 of a school. Or there can’t be more than five within a municipality with a population of 100,000 or more? What about the Dept of Agriculture passing rules on growing marijuana?
This step towards legalization is good, however, this new industry in CO should be taxed and that money should go into drug treatment and mental health programs.
Won’t happen this year, but as the number of dispensaries increase and the data analyzed, there will be future pushes for taxing and regulation. Local law enforcement and local governments are concerned about the proliferation of dispensaries in CO and continue to have conversations on how to manage the growth of this industry in the state.
Puts Ritter’s green economy in a new light, doesn’t it?
It’s my understanding that patients pay local sales tax at most dispensaries in the state. In Denver, it’s 7.72%.
I don’t understand why medical marijuana users should exclusively pay for drug treatment. It sounds like you’re saying, well, medical marijuana users are causing all the problems of drug abuse, so they ought to pay. I don’t think that’s the case, and don’t see why that would be right.
And I haven’t heard any good arguments, myself, why cannabis dispensaries need to be at least three football fields away from a school. Are pharmacies restricted from being 1,000 feet from a school? Any other legitimate businesses?
Last I checked, the medical marijuana law is part of our state constitution. So it’s going to be hard to accomplish any of those changes without the input and support of its proponents.
No, medical marijuana users should not shoulder the costs of all drug treatment, but IMHO they should help.
This industry is good for Colorado and it can benefit Colorado more by contributing to reducing drug and alcohol addiction. There is a clear nexus in my mind, although others would disagree.
The 1000 yard example was just that, an example. Some law enforcement officers argue that having dispensaries close to schools or other specific locations could increase crime in that area. There are also examples of the number of liquor stores within a certain area.
You mentioned pharmacies and that is a good example. The pharmacy isn’t that regulated but the drugs it dispenses are. There isn’t a sales tax on pharmaceuticals (although personally I think there should be with exemptions for certain patients) but the drug industry is regulated.
Remember, until yesterday the Feds viewed medical marijuana and the suppliers as possible felons. While the culture of pot use in this country moving into the modern age, many people are uncomfortable with their eight year old walking past a place that sells pot.
I worry about the number of dispensaries popping up in neighborhoods. I worry about unintended consequences on local governments and I worry about responsibly managing an industry that is growing very quickly (quick research showed 44 dispensaries in the Denver/Boulder metro area!)
From cannibasnew.org
http://www.cannabisnews.org/un…
Some of this will be addressed in rule making but not all.
I do have to laugh about the nutrition labeling idea. Shall we have a nutritional facts box on the baggies? Total carbs, serving size, Vitamin C, D, B12…?
Again, I’m a proponent of this change, but it needs to be managed and not a free for all.
Does the carb count include or exclude the estimated gain through munchie attacks?
Any additional caloric intake is purely and solely the responsibility of the inhaler and not the pot!
Although, this could impact our status as the thinnest state in the nation.
Like cookies, shake powder, candies, lozenges, etc., etc., etc.
Personally, I think it would be great if there was nutrition info on bottles of beer. Yet the government prohibits the nutrition labeling of beer, so people won’t get the idea that it might be healthy — rather than dangerous (due to the alcohol content) — to consume.
Yes, this is in the Constitution and couldl be difficult to change. However, I don’t think the voters would want to have marijuana dispensed on every street corner like Starbucks either.
I do hope the State does step in and keeps the stoners from sucking up the supply the cancer & glaucoma patients need.
And, I hope the VHA will look the other way and encourage Med MJ for treating PTSD:
http://www.esquire.com/feature…
http://www.salem-news.com/arti…
From today’s Denver Post:
http://www.denverpost.com/ci_1…
Since dispensaries are only allowed to grow six plants and there are approximately 13,000 medical marijuana users in CO, from where is the pot coming?
Another reason why the State should get involved in this sooner than later. Don’t think the proponents or the voters wanted to further solidify cartel influence in CO.
That proves it!
It’s been my understanding that they’re limited to six plants per patient designating the grower as a caregiver.
So Whiskey Lima Juliet’s dispensary, for example, has 10 patients and they designate her as the caregiver so she has the authority to grow sixty plants (although only 30 are to be allowed to flower at one time).
But patients are only allowed to have two ounces at a time, appx 2-3 plants depending. Is the caregiver allowed to grow more than 2 ounces at a time for the patient?
That’s one crazy law.
I only play an attorney on TV!
Wish I could give you a straight answer. Hopefully, someone on here will be able to inform us.
If we have 100 patients, we would 300 plants that are flowering and 300 plants that are growing, but not yet flowering. “Flowering” is the term for when the “bud” or actual smoking part of the plant is formed.
We could also have 200 ounces of cured pot, ready to smoke.
In the next couple of weeks you will see a very professional group of dispensary owners create an association that will help regulate and work with legislators. I am very excited about the work that will come out this association.
Dispensaries, like restaurants, will all be different. In most neighborhoods, on most corners there is the local restaurant or bar. The owners of the establishment determine who their client base is. This is the same of dispensaries.
Speaking from experience, most dispensaries are not scary places with drugged out kids and motorcycle riders. Most are run by older people in their 40s or 50s, not all but most. They tend to be in office buildings and for the most part you wouldn’t know if you were standing next to one. There are some that are less reputable, just like bars and bar owners.
As far as patients, if you are not in Boulder the average patient is my age 45. Let’s be clear, this is high grade pot, not your dime bag variety. A gram will cost you $20 – $26, an once about $400 or more. (This is also an issue for people who truly need medicine, but that is for another post)
So, here is the deal.
Pot will be legal and maybe on your corner. Or it will be illegal and in your neighborhood anyway. (BTW, it already is and every kid in high school knows where to get it in the next 30 minutes).
It will be run by people with business acumen, or guys with guns. The choice is ours.
Politicians are going to be shocked at the backlash if they try and put pot back in the closet. Why do you think the President has been clear? Do you thik the White House knows what the numbers are? This community of people who smoke pot is so huge.
How about those Frat boys that went to CU that now work for the Republican Party, they had the best pot on campus. And judging from our meetings during the DNC, they still do!
John Suthers is in for a shock. His job security goes down everytime he opens his mouth about pot. If anyone works for his office how many phone calls and emails did he get yesterday?
Pot has no boundaries. Old, young, rich, poor, women, men, Southern, Northern, Democrats, Republicans, smart, dumb, well read and ignorant.
but voters approved medical marijuana use not legalization of marijuana.
from today’s Post
There seems to be quite a few people in CO with ‘debilitating medical conditions”.
It is good that you are working with legislators to clarify questions.
You also mentioned in your post,
I may be wrong, I often am, but a) it is never safe to assume how politicians will act during an election year, and b) there are plenty of legislators that are unwilling to tackle voter approved constitutional amendments and represent law and order districts that didn’t like the amendment in the first place.
Again, from the Post this morning:
Good luck with that.
With Sen. Romer you will either get nothing or the most complex set of statutes (most likely involving some kind of bonds) that in the end will do nothing.
Please keep us updated on conversations, events, and solutions as we continue down this road and let us know how to help.
Thanks Whiskey Lima – hopefully some day you and I can talk about this face to face.
Sen. Romer seems to be saying that unless you’re terminal (or, as he puts it, have a serious illness), you shouldn’t be able to get medical marijuana. This is the equivalent of saying that you shouldn’t be able to get a prescription for a muscle relaxer unless you’re at death’s door.
Medicinal marijuana is used to treat any number of problems–including the chronic pain that Sen. Romer seems to be mocking in this article.
The people of Colorado voted to allow doctors to prescribe the drug. They didn’t vote to have Chris Romer define what is and isn’t a legitimate use.
I’m fine with regulating the dispensaries–where they’re located, who can own one, etc–but there are many people for whom the drug is just as necessary as a patient on any other type of legal drug. Just because they aren’t dying of cancer, that shouldn’t make them a criminal in the state’s eyes.
Romer’s idea of regulation is not helping anything.
I agree RSB, but with the numbers we’re seeing, (600 applicants/day?!) it strains credulity saying every applicant/card holder is legit.
But, don’t worry.
If the Former Governor’s son is involved it means the issue has been in the headlines, no other legislator wants to touch it and nothing will be accomplished.
RSB you are very correct. Is aspirin only good for people who are about to have a heart attack? No, it serves many purposes.
The same is true about the number of patients. 600 a day does not necessarily mean that all these people have no need for marijuana and just want to get high. Once again how much aspirin is sold in the US per day, not all of the people who buy aspirin are expecting to have a heart attack, however, they do have need for relief.
How many articles have been written in the last month on MMJ? It is mind-blowing. So, a few well placed battle calls by some politicians is to be expected.
And please know that I completely understand that the Colorado voter passed Medical Marijuana, not legalized marijuana. However, I have to push hard for the legalization because of what I continue to see as a civil rights violation and racial discrimination.
To be legally prescribed by doctors. Romer wants to redefine what the constitution says, and take control away from what your personal physician prescribes for you.
When the voters passed the amendment, they didn’t pass it for “serious health problems” only.