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News (Media Awareness Project) - US CO: Orchard City Considers Grandfathering Pot Shop
Title:US CO: Orchard City Considers Grandfathering Pot Shop
Published On:2010-07-07
Source:Delta County Independent (CO)
Fetched On:2010-07-09 15:00:45
ORCHARD CITY CONSIDERS GRANDFATHERING POT SHOP

Orchard City town officials are considering allowing the town's only
medical marijuana "dispensary" to continue operating after new state
laws take effect.

The business, Grand Mesa Herbal Dispensary, located on Hwy. 65, began
operations last year before the town's moratorium on medical marijuana
dispensaries was adopted.

At a meeting of county elected official and administrators on June 29
in Crawford, Orchard City Mayor Don Suppes reported that the town's
trustees are considering allowing Grand Mesa Herbal Dispensary to be
grandfathered in after the new state law takes full effect a year from
now. Grandfathering of current MMCs is not required by state law.

Under a new state law that took partial effect July 1, the town could
prohibit the business, or any other type of medical marijuana
business, from operating within the town limits.

Dispensaries, now called "medical marijuana centers" or MMCs under the
new state law, are not considered by the legislature to be protected
businesses under the state's voter-approved medical marijuana
constitutional amendment.

That constitutional amendment allows bona fide medical users to have
access to medical marijuana. But the state law limits and even allows
jurisdictions the ability to outright prohibit retail medical
marijuana operations.

Delta County Sheriff Fred McKee on previous occasions has said that
the six MMCs now operating in municipalities here have been free of
reported law enforcement incidents.

No official action has been taken by the Orchard City Town Board,
which has complete authority under the new state law to allow,
disallow or regulate medical marijuana business in the town.

The town government could also put the issue up to a vote of the
people.

The town board has formed a committee from two of its members,
trustees Len Johnson and Gale Doudy, along with the mayor, to look at
the issues and make a recommendation to the full town board.

The committee has held at least one meeting so far. It was attended
also by the town administrator and a town resident. Some of the ideas
discussed during that session included having an election to decide
the issue and allowing two MMCs in the town so that the current one
couldn't enjoy "a monopoly."
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