CITIES SWAP NOTES ON POT

BOULDER -- More than half of Boulder County's cities and towns have
enacted moratoriums on approving any more medical marijuana
businesses, as local governments wait for guidance from the Legislature.

They're not alone, according to Michelle Krezek, the county
commissioners' intergovernmental relations coordinator.

During a Wednesday night Boulder County Consortium of Cities
discussion of medical marijuana issues, Krezek reported that
throughout the metropolitan area's counties and municipalities,
"everybody's waiting for the state."

And if it turns out that no new state-level medical marijuana
regulatory measures are enacted by the time the Legislature adjourns
in May, Krezek said that "there could be a scramble" as local
governments try to figure out what they can legally do by themselves.

"It seems like cities and towns should have a backstop plan" for
when current local moratoriums expire and state lawmakers adjourn
their 2010 session, regardless of what the Legislature does or
doesn't do, said Boulder County Commissioner Ben Pearlman.

At issue are what rules local communities can adapt or adopt when it
comes to regulations about the locations and operations of
marijuana-growing operations and commercial dispensaries that
provide that product to patients on Colorado's medical marijuana registry.

This afternoon, the Legislature's House Judiciary Committee is to
hear a bill that could provide some of the guidance being set by
local officials.

It proposes a state medical marijuana licensing system, with some
powers delegated to counties and municipalities, that would be
similar to the procedures now used to license and monitor the sales
of alcoholic beverages.

That bill, however, already faces the probability of multiple
amendments from the version its sponsors originally introduced, and
its fate is uncertain.

Meanwhile, the Boulder City Council, which last year adopted interim
medical marijuana regulations about such issues as how close
dispensaries can be to schools and one another, this week gave its
staff the go-ahead to schedule hearings on more permanent local rules.

Longmont, one of the municipalities that adopted and then extended a
moratorium, has been meeting with dispensary owners and operators,
law-enforcement personnel, school officials, patients, physicians
and others, city staffers Erin Fosdick and Joni Marsh reported at
Wednesday's Consortium of Cities meeting.

Longmont's staff plans additional public outreach meetings this
month before reviewing regulatory options with the City Council in April.

[sidebar]

Dealing with medical-marijuana businesses

Here's how Boulder County's local governments are dealing with
existing and prospective medical marijuana businesses, according to a
recent survey by the county commissioners' staff and Times-Call
interviews on Wednesday:

Longmont has nine medical marijuana dispensaries with city sales- and
use-tax licenses. But a moratorium on approving new applications is
in effect until June 30, and new regulations may be drafted in the meantime.

Lyons has five licensed dispensaries and has a moratorium against
approving any more. That moratorium expires on April 9, but the town
board is expected to consider extending it, as well as considering
possible zoning regulations that would apply to new medical marijuana
businesses.

Erie has no dispensaries and has a moratorium in effect through Oct. 6.

Lafayette has two dispensaries but has a moratorium in effect until
Aug. 3 against approving any more.

Louisville has two dispensaries but has a moratorium that ends in May
against approving any more. The city also has expressly prohibited
dispensaries as home occupations.

Superior has no dispensaries and has a moratorium in effect until July.

Boulder has 60 licensed dispensaries or marijuana-growing facilities,
but officials there said they suspect there are more operating
without licenses. Emergency interim regulations are in effect, and
the City Council on Tuesday gave preliminary approval to permanent
regulations for dispensaries and growing operations.

Nederland now has as at least six medical marijuana dispensaries. The
town categorizes them as retail businesses and restricts them to
commercial-zoning districts.

Jamestown has no legally operating dispensaries or growing
operations. It has neither a moratorium nor medical
marijuana-specific regulations.

Ward: No information was available.

Boulder County officials have reported they know of no dispensaries
or growing operations located in unincorporated parts of the county,
although there have been inquiries about locating growing facilities.
No new regulations are being considered, but there have been
discussions about how and whether they'd fit under the current Land Use Code.