CITIES SHOULDN'T BAN DISPENSARIES

Denver's council is taking the proper tact as it tries to regulate,
not outright ban, the growing medical marijuana industry.

Cities understandably have been scrambling to figure out rules and
regulations for the medical marijuana dispensaries sprouting like
weeds across the state.

But far too many municipalities - including Greeley, Castle Rock,
Colorado Springs and Broomfield - are just outright banning the
dispensaries, citing the fact that the sale of marijuana is still
illegal under federal law.

We think cities have a role in regulating businesses in a manner that
reflects local needs and values, but some seem to have reacted in
haste or simply hope to pass the regulatory buck on to other
authorities.

It is wrong for cities to issue blanket bans. The Colorado
Constitution grants residents with debilitating medical conditions
the right to acquire and possess medical marijuana.

The city of Denver can be held up as a model of sorts as it begins to
address the tangled web of medical marijuana issues. The council, led
by Charlie Brown, has drafted a package of proposed rules that will
be voted on in January. Included in the draft are regulations on
where dispensaries can be located and signage, and whether those
convicted of felonies would be allowed to own a dispensary.

Several cities - including Fort Collins, Aurora, Loveland and Grand
Junction - have placed moratoriums on new dispensaries, allowing
officials more time to consider zoning and licensing issues.

Boulder issued temporary operating rules, keeping dispensaries away
from schools and day-care centers. The rules don't apply to the 42
established dispensaries or another 21 that have applied for permits.

State law does not address sales of the product, so local governments
moved into the breach. But clearly, some cities need more direction,
and many are looking to the state's General Assembly to provide it.
Legislators, along with numerous advocacy groups, have begun drafting
proposed legislation for the upcoming legislative session.

The cultivation and use of medical marijuana was approved by state
voters in 2000. Most dispensaries operated quietly and with only a
few patients. This year, however, the Obama administration reversed
policies on prosecuting medical marijuana providers, and a Denver
District Court reversed a ruling limiting caregivers to five
patients. Then, the Colorado Board of Health ruled providers did not
have to offer other services to patients.

Requests for permits for new dispensaries poured in, and thousands
more people sought and received the required medical marijuana cards
- - many of whom, no doubt, aren't suffering from the debilitating pain
envisioned by voters.

A lawsuit filed this past week by a Centennial dispensary and three
of its clients also could shed some light on city requirements and
future regulations.

But a court decision or new state law could be months away. Until
then, cities must recognize the intent of the law and follow Denver's
example of dealing with the issue and its many facets.

It's what the voters wanted.