COUNTY OKS POT BUSINESSES MORATORIUM

Medical marijuana businesses wanting to set up shop in unincorporated
Larimer County have until Thursday to get their applications in if
they hope to be approved to operate within the near future.

The Larimer County commissioners Monday approved a moratorium on
accepting land-use applications for new medical marijuana businesses
until the county can develop licensing requirements for the
burgeoning industry.

The moratorium goes into effect at 5 p.m. Thursday, which is when a
new a state law regulating the medical marijuana industry goes into
effect. The law requires local governments to come up with a
licensing process for marijuana businesses on top of state licensing
requirements.

The moratorium applies to areas in county outside of municipal limits
and is scheduled to last a year, although it could end sooner, county
officials say.

Businesses that have already submitted land-use applications for
dispensaries and grow operations within the county will have their
applications processed during the moratorium. But if approved, the
businesses would still need to get state and county licenses by July
1, 2011.

The commissioners said the decision to impose a moratorium while the
licensing process is sorted out was in effect already made for them
through the new state law.

Commissioner Tom Donnelly said the county had "no choice" on the
moratorium because it's not clear how the county's rules will mesh
with state regulations.

Land-use regulations are intended to establish "predictability" that
protects land owners and neighbors, he said.

"I think until we know the full depth of what the state rule-making
is going to entail, we need to ensure we go forward with the
process," he said.

To not consider applications from businesses that have followed the
county's existing land-use rules would not be proper, Commissioner
Steve Johnson said.

"I don't think it's fair and I don't think it's necessary to tell
people that have begun the process, met all the requirements and did
pay (fees) now we're not going to let you go forward," he said.

The state law allows established marijuana businesses to operate as
long as they have state and local licenses by July 1, 2011, said
Michael Whitley, a planner with the county. The county set up its
current land-use rules for marijuana businesses in January.

So far no marijuana businesses operating in the county have received
land-use approval and are considered legal, Whitley said. The one
proposal that has made it to the commissioners was denied.

Eight applications are going through the county's planning process
and another application was recently received, he said. At least one
more application is expected to be submitted by Thursday.

The moratoriums will allow county planning staff to come up with a
licensing system that works within the rules made by the state, he
said.

The commissioner's decision came after a long public hearing during
which they heard from business owners on both sides of the medical
marijuana issue.

Marie Hornback, who owns and operates a dental laboratory, said she
would support an outright ban on medical marijuana businesses in the
county. The rapid growth of the industry is likely to negatively
impact other businesses, she said.

Hornback told the commissioners she has received notice of
neighborhood meetings put on by six or seven marijuana businesses
that hope to operate within 1,000 feet of her business.

"I am extremely concerned about the neighborhood and what will happen
in the neighborhood," she said.

But others argued placing excessive restrictions and licensing costs
on marijuana businesses would hamper patients' access to the medicine
they need.

Jerry Eschbaugh, owner of Northern Colorado Medical Growers, said he
applied to the county for land-use approval in January and has yet to
start growing as it awaits approval.

"We've been doing everything we possibly can to be legal," he
said.

To not let the application be processed during a moratorium would not
be fair, he said.