VAIL BANS MARIJUANA DISPENSARIES FOR NOW

VAIL, Colorado -- Police Chief Dwight Henninger doesn't want medical
marijuana dispensaries anywhere in the town his department polices.

Henninger told the Vail, Colorado, 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.