A MOVE TO RESPECT STATE'S CONSTITUTION

Grappling with the least important, most imitation crisis in years,
The El Paso County Commission voted unanimously Thursday to allow
medical marijuana sellers to operate in specified commercial zones.
Commissioners, some reluctantly, decided to treat marijuana retailers
as they do liquor stores, though with less on-sight scrutiny.

Colorado voters approved medical marijuana 10 years ago. It's in the
state Constitution, which trumps local authority. A constitution
restricts the powers of government, and the Colorado Constitution
specifically prohibits government from impeding the sale of medical
marijuana. That leaves room only for the reasonable time, place and
manner restrictions applied to other businesses. It's really that
simple.

County Commissioner Sallie Clark knows some people need marijuana. As
a medical assistant years ago in another state, she had a cancer
patient who needed marijuana to avoid destructive hard drugs while
coping with pain.

"It was awful, because she was an older woman and we had to send her
out to buy it off the street from a drug dealer," Clark said. "It was
demeaning."

Clark said the commission's decision was "enabling legislation" to
bring the county into compliance with state law. She had considered a
moratorium, but decided it would violate the constitution.

"Our land use code didn't allow for it (marijuana retail), so it was
a nonconforming use," Clark told the Gazette's opinion department.
"Our decision was to bring us into compliance with what voters decided."

Clark opposes recreational marijuana, and believes Colorado's law was
intended to allow it.

Let's not fool ourselves. Clark is correct. Some doctors write
medical marijuana recommendations for all who seek them, and lots of
marijuana retailers are selling primarily to recreational users. Yet
nobody can explain how it's a problem. Conversely, it's easy to see
how the Colorado Constitution solves a serious problem. Eleven years
ago, a recreational user could buy only from the criminal street
dealer - just like Clark's elderly cancer patient. Today, the
recreational user can avoid the street thug and buy safely from a
retailer who pays sales taxes and obeys existing time, place and
manner retail regulations.

In a Gazette news story about the decision Thursday, Clark said: "If
we wait any longer, we're going to have more problems."

This comment could lead some to believe the county has seen social
problems, such as traffic danger, raucous parties, crime, or
loitering hippie freaks. Friday, the Gazette's opinion department
asked Clark to explain: "What problems would we have more of?"

"My comments were directed toward putting into place reasonable
regulations so that anyone going forward with a dispensary has a
clear understanding of what's expected," Clark said.

"That sounds like in-house, regulatory concerns," we asked Clark.
"What about social problems? Crime, and mayhem and such?"

"I don't think we've seen a lot of that," Clark said. "As far as I
know there haven't been any problems."

In fact, county staff members told commissioners Thursday, they don't
have record of a single complaint about medical marijuana. Not one
person has called and asked for regulation. Not one person has called
to complain of a problem associated with a buyer or seller.

The Gazette's opinion department can find no evidence of anyone
approaching a lectern, at a city or county meeting, demanding a
resolution to concerns about marijuana.

Clearly, so-called "medical" marijuana has moved Colorado far in the
direction of de facto full-scale legalization. Behold, it hasn't
caused problems. Nobody cares - not the right, the left, or the
middle. Only those in government see this as a problem to solve. A
Gallup poll in October showed a dramatic nationwide increase in
acceptance of full legalization of marijuana, and a dramatic decrease
in support for continued prohibition. In western states, such as
Colorado, a clear majority support full legalization.

While it's a great idea to avoid recreational use of any drug, the
biggest societal burden associated with marijuana has been a
long-standing practice of politicians using it to grow and empower
government. Never has this "crisis" been more clearly a fraud than
in Colorado this year.