CITY, COUNTY PREFER REGULATING, NOT BANNING, MEDICAL POT

Local officials willing to handle things if the Legislature so decides.

City Council and the Pueblo County commissioners both imposed
moratoriums on licensing medical marijuana dispensaries last autumn,
hoping to give the Legislature time to settle the tough questions of
how to regulate those providers.

In fact, state lawmakers are trying to finish work on marijuana
legislation this week, but one key question - whether cities and
counties must allow dispensaries - is being pushed back to local
officials to decide.

A survey of council and commission members Thursday indicated a
majority is willing to license and regulate at least some
dispensaries in Pueblo County and the city.

"I think the Legislature should have settled that issue for us
because voters statewide approved medical marijuana," Council
President Larry Atencio said. "Leaving that question up to each city
and county will probably fragment the problem. But I'm pretty
liberal on the issue. Colorado voters approved medical marijuana and
I believe we can regulate dispensaries in the city."

Councilwoman Vera Ortegon, a Republican who is running for the state
Senate this year, took a harder line against dispensaries.

"I am very much opposed to them. I think they will be very
troublesome," Ortegon said. "I have talked to numerous doctors in
Pueblo and yet to meet one who has prescribed medical marijuana for
a patient."

Councilwoman Judy Weaver also is leery of allowing dispensaries in
Pueblo, although there is at least one, Medimar

Ministry, that is operating here.

"I like the fact the Legislature is giving us local control and I
would limit the number of dispensaries as much as possible. My
preference would be none or maybe one," Weaver said Thursday. "I've
been researching the issue and Santa Rosa, Calif., a city of 150,000
people, has only two dispensaries. I would strictly limit
the number and require a high level of monitoring."

Tom Sexton, who operates Medimar, said the Pueblo dispensary is only
serving already established patients and is not open to new ones,
pending council's decision on regulation and licensing. Medimar had
obtained a business license before council imposed its moratorium
last year."Personally, I believe in local jurisdiction and we want
to work with council on this," Sexton said. "I hope council won't be
dogmatic about medical marijuana and will talk to some of the people
who need it. But we intend to be 100 percent legal in terms of
whatever regulations the city adopts."

Ortegon and Weaver may well be at one end of the opinion spectrum
with Atencio and other council members more willing -- at least to
some extent -- to license andregulate dispensaries here.

Councilman Steve Nawrocki said the city should move "cautiously."

"I'm certainly willing to consider setting a limit on the number of
dispensaries we allow. But voters approved the use of medical
marijuana and I believe we have a responsibility to find a way to
make that available to the citizens," he said. "But I'm pretty
certain we don't need many dispensaries here."

Councilman Ray Aguilera said the city should consider adding an
additional tax to medical marijuana and figure out how to oversee
the businesses.

"We can go slow and get this right," he said.

Councilmen Leroy Garcia and Chris Kaufman both said they were
interested in setting adequate controls over the dispensaries.

"If we just authorize anyone applying for a dispensary, that would
drastically change our community," Garcia said.

Kaufman said he is waiting on city staff recommendations on how to
tackle the problem.

"I think we need to work with these businesses, but I'd favor a
limited number and operating under very controlled circumstances," he said.

Pueblo County officials also have taken an arms-length approach to
the dispensaries operating in the county while the Legislature works.

Commissioner Anthony Nunez said he wouldn't favor a ban.

"If other cities and counties are going to allow them, I think it
would be a mistake for Pueblo County not to regulate -- and tax --
them, too," he said. "I would rather us oversee and regulate these
dispensaries than push them underground."

Commissioners Jeff Chostner and John Cordova were unavailable Thursday