GLENWOOD BACKS MORATORIUM ON MEDICAL MARIJUANA

Ordinance Institutes Six-month Prohibition On New
Dispensaries

GLENWOOD SPRINGS -- The Glenwood Springs City Council approved, by a
4-3 vote Thursday on first reading, a moratorium restricting any new
medical marijuana dispensaries from opening up in town.

The council proposed the moratorium on the establishment of new
dispensaries for six months to allow the state time to clarify
pending legislation and to allow staff to analyze the need for local
regulations at its May 6 meeting.

However, with the recent passage of HB 1284 and other bills
anticipated to be signed into law by Gov. Bill Ritter in the coming
days, some council members thought a local freeze was unnecessary
because state regulations would impose a year-long moratorium
beginning July 1.

"One reason I supported this a few weeks ago when we started talking
about this is because we weren't sure when the state rules were going
to pass," said Councilman Matt Steckler. "Now we have a better idea,
so the impact of a moratorium is probably not as significant as maybe
we thought it once was."

But most council members agreed a moratorium would allow them to see
how the state Legislature would vote on HB 1284, which both the state
Senate and House passed earlier this month. The bill creates stricter
regulations and licensing requirements for the industry and may
effect several of the dispensaries in town. Gov. Bill Ritter is
expected to sign the bill into law in the next week.

That didn't preclude council, however, from wanting to take action
now and impose some sort of regulations to try to control the
industry before things get out of control.

"I don't want to over-regulate this," said Glenwood Mayor Bruce
Christensen. "But, it seems that we need a timeout."

The moratorium restricts acceptance and processing of applications
for the issuance of licenses, permits, development proposals or other
approvals pertaining to the establishment, location and operation of
medial marijuana dispensaries within Glenwood Springs. However,
Councilman Russ Arensman argued that the moratorium gives exclusive
licenses to the existing dispensaries in town.

"I'm opposed to us saying that the existing dispensaries get a
license to continue business as usual, and everybody else is
finished," Arensman said. "To me it's not a proper way to go about
things."

Arensman told his fellow councilors that the city should focus on how
to regulate the industry and wait until HB 1284 is signed into law
for the moratorium.

If the governor signs HB 1284, "it gives us the clear authority to
regulate the industry," Arensman said.

Councilman Leo McKinney supported Arensman's view that a moratorium
is unnecessary at this point.

"We are giving exclusive license to the shops that are already here,"
he said. "On principle, I've got a real problem with that. I don't
think reasonable regulations are out of the question. But, I don't
see what waiting another couple of weeks is going to do."

In a surprising turn, Councilman Stephen Bershenyi, who supported the
moratorium, ultimately voted against it.

"I began the day thinking that I would be in favor of passing this
and ... what I've heard here tonight has kind of changed my mind a
little bit," he said. "I think that maybe we have better uses of our
time."

Bershenyi thought that council would be better off beginning to work
through how the city should regulate the industry once, and if, the
bill is signed into law.

"Maybe we should start thinking about what we want to do as a
community in terms of coupling any regulations we see as necessary in
the community to [HB 1284]," Bershenyi said.

But others thought the city had waited long enough for the state, and
that it was time to take some action to regulate the industry.

"I don't have a problem considering total legalization of marijuana,
but that is not what we have right now," Christensen said. "What we
have is limited to people who truly have a need. And I'm concerned
[about] putting that in jeopardy with this wide-open commerce which
we have right now."

Steckler agreed that it was time to take action.

"The Denver legislation says you have six weeks to get in and get set
up," he said. "We are just shortening the window, and I think it's a
good thing."

Currently, Glenwood Springs has eight dispensaries within town
limits.

The moratorium vote passed with support from Councilors Steckler,
Shelley Kaup, Christensen and Dave Sturges, while Councilors
McKinney, Bershenyi and Arensman voted against the ordinance. The
moratorium will go into effect on June 17.