Ridgway Moves to Comply With Anticipated MMD Regulatory Law

Medical Marijuana Would Be Licensed, Monitored, Like Liquor Is Now

RIDGWAY -- With the new state medical marijuana dispensary
regulations waiting for Gov. Bill Ritter's signature in Denver, the
Ridgway Town Council introduced a municipal ordinance at its May 12
meeting that is intended to dovetail municipal zoning and licensing
regulations with new state regulations.

The State House approved House Bill 1284 on May 11 which, if signed
by Ritter, will require dispensaries to be licensed and monitored
statewide -- but also gives local governments the ability to ban
them, if they wish. Ridgway Town Attorney John Kappa said the bill
creates a licensing process similar to what the state now uses for
liquor licensing, and would require towns to produce ordinances
dovetailing with the state statute -- unless a town elects to
totally ban medical marijuana dispensaries outright.

The ordinance in front of council seeks to license the dispensaries,
Kappa said. "Essentially, it would put these licensed facilities
into Industrial 1 or Industrial 2 zones and sets a license
application fee for the town in an amount that is initially to be
the same as the state license fee," he told council, adding that
municipal performance standards are already in place for all
"industrial zones" in Ridgway which would apply to dispensaries.

HB 1284 also states that dispensaries are not to be allowed within
1,000 feet of any schools; since Ridgway's "industrial zones"
already comply, the draft ordinance in front of the council is
relatively simple. "This has the benefit of simplicity," Kappa
said, "because we don't have to keep track of other pinpoints if
this allows them in I zones only."

The law would require new dispensaries to post a $5,000 bond for tax
purposes, and the town ordinance in front of council would require
that, and a separate bond for sales tax, as well. In discussion, it
was agreed (with Mayor Pat Willits absent) that an additional bond
was excessive, and council directed Kappa to strike
that requirement from the draft.

It was never suggested, during the discussion, that the town ban
dispensaries. Council focused on how best to zone for dispensaries,
agreeing that historic and commercial districts were the likeliest sites.

"I am not thrilled with the I-1, I-2 restriction, but I do think it
is the cleanest way of doing it," Councilmember John Clark said of
the ordinance allowing dispensaries only in the industrial zones.

Ridgway resident Frank Robertson, whose wife, Jeanne, is considering
opening a dispensary in a vacant space next to her business, Cups,
in the Historic Business District, suggested council consider
dispensaries retail businesses, not just industrial.

"She is very much interested in establishing a dispensary,"
Robertson told council. "It isn't industrial, it's not a machine
shop, it is; in fact, a retail business."

Council unanimously approved the ordinance's introduction, but
agreed that more discussion and thought is needed regarding the
zoning districts where dispensaries would be allowed.

"There were some good issues brought up here," Councilmember Paul
Hebert said. "I agree we should be thinking about zoning more."

There was also a general consensus to wait and see exactly what is
approved when the state regulations take effect, especially in the
areas of licensing fees. The ordinance could go before council for
an official first reading at its next meeting on June 9.