RULES PROPOSED FOR CITY'S MARIJUANA CLINICS

The Durango City Council will consider a new ordinance tonight that
governs medicinal marijuana dispensaries in the city, including a
rule that requires clinics to install an alarm system with video surveillance.

The proposed ordinance also addresses when, where and how marijuana
providers can operate.

In August, Durango Police Chief David Felice raised concerns about
the lack of regulation and oversight of dispensaries in the city. In
response, the City Council approved an emergency ordinance
temporarily suspending the issuance of business licenses to marijuana
providers until guidelines could be drafted.

Coloradoans voted in 2000 to legalize medical marijuana, and
dispensaries proliferated this year after the federal government
announced it won't perform raids on state-sanctioned businesses.
There are four dispensaries in Durango all of them opened this year.

The draft ordinance is largely a compromise between city staff
members and marijuana providers, said City Manager Ron LeBlanc.

"The process was good," he said. "I think it's going to be a win-win
all around."

Under the proposed ordinance, dispensaries cannot be located within
500 feet of schools, day cares and public parks. They could operate
in commercial districts, but not residential areas, including as home
businesses. Hours of operation would be limited to 8 a.m. to 8 p.m.

Dispensaries would be required to have an alarm system that notifies
law enforcement if the business is burglarized. The alarm system must
be equipped with video and voice surveillance.

Clinics that house prescription drugs have a similar requirement, LeBlanc said.

Likewise, inventory containing marijuana will need to be placed in a
locked and secure safe while the business is closed.

Three of the four dispensaries contacted Monday said they have no
problem with the security measures proposed in the ordinance, but
some would have to make upgrades to be in compliance with the law.

Dispensaries would need to apply for a store-front sign through the
Planning Commission. No exterior signage could use the words
"marijuana," "cannabis," or any other word or phrase commonly
understood to refer to marijuana.

That may come as bad news to Eric Gay, owner of Holistic Hemp LLC on
Florida Road, who has a store-front sign but doesn't use his office
as a walk-in clinic.

"I don't know if I would be grandfathered in," he said. "I don't plan
on changing my business name." Other proposed rules include:

- - No smoking of marijuana even if obtained legally within 15 feet of
dispensaries. - Dispensaries could not employ anyone younger than 18.
- - All owners of dispensaries must undergo a criminal background check
when seeking an application or renewal.

Nate Fete, manager of Nature's Medicine, 129 E. 32nd St., said it's a
good ordinance so far.

"I thought we did a really good job of figuring out what would be
best for the city of Durango," he said.

Mark Busnardo, co-owner of Durango Healing Center, 473 E. College
Drive, said he's also OK with the proposed ordinance. But his
business currently stays open until 9 p.m. Friday nights, so he might
have to change his hours.

The purpose of the ordinance was to help residents and public
officials better understand marijuana dispensaries and feel better
about their legitimacy in the community, Busnardo said.

Gay, with Holistic Hemp, said it's unfortunate an ordinance is
needed, and people don't understand the medicinal qualities of marijuana.

"I think there's just a whole lot of fuss over this, and there
shouldn't be," he said. "It's safer than alcohol; it's safer than
most prescription drugs."

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IF YOU GO

The Durango City Council will meet at 6:30 tonight at City Hall to
discuss a new ordinance regulating medicinal marijuana dispensaries
in the city.