WELD EYES RIGHTS OF MEDICAL POT GROWERS

An ordinance that would ban the growing of medical marijuana in
unincorporated areas of Weld County passed on second reading Monday,
but Weld County commissioners want to conduct another work session on
the issue before it comes up for final approval.

The commissioners heard from four people -- including two primary
caregivers -- who urged them to regulate the growing of medical
marijuana rather than ban it. But commissioners said they were
concerned about allowing the production of a material that is illegal
under federal law, and there has been confusion over a measure passed
this year by the Colorado Legislature.

Jo Ann Maes of Gilcrest and Dena Norton of Fort Lupton, both primary
caregivers, urged commissioners to find a way to regulate growing
areas instead of banning them, which is being proposed in the
amendment to the Weld County Code.

"This is a whole new, uncharted territory and I don't want to see
something that's done too fast or too quickly," Maes told
commissioners at their regular meeting. She said the Obama
administration has indicated it will not deal with smaller medical
marijuana growers -- those with 99 plants or fewer -- since those
smaller operations are easier to control.

And, she said, if growers are forced out of unincorporated areas, they
will move into residential areas, which could result in a larger problem.

"It's still illegal on a federal level and until it's legal on a
federal level it would be hard for us to allow even one plant to be
grown. It's still illegal," Commission Chairman Doug Rademacher said.
Presently, he said, he believes that state law allows for a grower to
grow medicinal marijuana for his own use and a patient with a
prescription is allowed to grow enough for his or her own use. But
what the county wants to avoid "are huge growing operations," he said.

Norton said the county could make some money by allowing small growers
to operate, since those growers would pay taxes like any other business.

"We could miss an opportunity. If growing operations were allowed to
operate under county guidelines there would be an opportunity. If you
say they are not allowed, then we've missed that opportunity," she
said.

Mike Ciletti of Englewood and Landon Gates of Denver said they
represent growers who are operating in Weld. House Bill 1284, passed
by the Legislature, allows those operations to continue until at least
July 1 of next year, Ciletti said, but until then the state will
continue to debate how the industry will or won't be regulated.

"It makes sense to allow growing operations in an agricultural
county," Ciletti said.

Rademacher asked County Attorney Bruce Barker if the county would face
any liability from the federal government, since marijuana growing is
illegal. Barker said it wouldn't because the state has determined
patients with prescriptions and caregivers are allowed to use
medicinal marijuana.

The commissioners voted unanimously to approve the amendment, pending
the outcome of the work session prior to the final reading next month.