CORTEZ SNUFFS MED MARIJ BALLOT

Voters Won't Decide Medical Marijuana Issue in November

Emotions ran high on both sides of the medical marijuana issue, as
about 60 people attended a three-hour Cortez City Council meeting
Tuesday night. The council unanimously extended a moratorium on
issuing any new local licenses for medical marijuana centers and
optional premises for cultivation facilities.

The council also turned down, 2-5, a motion by Tom Butler to ask
voters on the general election ballot whether to prohibit the
operation of medical marijuana centers, optional premises for
cultivation operations and medical marijuana-infused products
manufacturers' licenses in the city. Councilors Butler and Betty
Swank voted for the ballot question. Mayor Dan Porter and council
members Matt Keefauver, Bob Archibeque, Donna Foster and Robert Rime
opposed the ballot question.

In addition to the city of Cortez's extension of its medical
marijuana moratorium, the state won't issue any new licenses until
July 1, 2011, city attorney Mike Green said. Over the next year, the
state will develop rules and regulations for the medical marijuana
industry, he explained. Cortez's extended moratorium does not affect
the six dispensaries, or medical marijuana centers, already in place in Cortez.

All medical marijuana retail sites and grow sites must be licensed by
both the state and a local licensing authority - cities and counties,
Green said.

"The licensing process is not in place yet (with the state)," he
said. "This gives us time to look at it."

The moratorium won't allow any new grow sites for existing retail
marijuana businesses, Green said.

Paul Coffey, owner of Beacon Wellness Group, objected to the
moratorium because it doesn't allow existing businesses to expand to
meet a new state rule that medical marijuana centers must grow 70
percent of their product on-site or on optional premises. Other
owners did not object to the moratorium.

The main discussion came during a public hearing on future medical
marijuana regulations. A decision needed to be made Tuesday night to
meet deadlines if the council wanted to put a question on the general
election ballot. State law allows cities and counties to vote to
prohibit the operation of medical marijuana centers, optional
premises for cultivation operations, and medical marijuana-infused
products manufacturers' licenses. The council can make the decision
on its own or place it on the ballot.

The decision not to place it on the ballot still allows the city of
Cortez to license, regulate or prohibit the cultivation or sale of
medical marijuana. City Manager Jay Harrington said he understands
that a prohibition would mean existing businesses couldn't operate
because there is no grandfather clause.

"We can't opt out of caregivers or medical marijuana," Green said.
"We can opt out of retail businesses and where commercial grow sites are."

Marijuana supporters who spoke at Tuesday's council meeting strongly
opposed placing the issue on the ballot, while those on the other
side favored asking the people to decide. Many of the 20 who spoke
lived outside the Cortez city limits.

Kirsten Krzysztofiak, owner of Herbal Alternative, said her store
serves 300 patients, and her concern was "taking care of patients and
meeting their needs." Without the retail centers, she said, patients
would have three choices: grow the marijuana themselves, get it from
a drug dealer on the illegal market or employ a caregiver to grow it
for them. Caregivers are only allowed to have five patients, so it
would mean more caregivers would need to be added, she said. Many
centers might close anyway due to hefty fees, to not passing a
criminal background check or to zoning issues, she said.

Sam Valdez, a medical marijuana caregiver and patient, said Cortez
residents would have to go to Telluride or Durango to get marijuana.

"We have a way to safe access to medicine and the ability to regulate
and control it," Valdez said.

Revenue from taxing the centers would go outside the community, Valdez said.

Other medical marijuana patients also stressed their need for a way
to control pain for their medical issues, and that getting drugs from
a center is safer than buying it on the black market.

Travis Pollock, Nature's Own Wellness center in Cortez owner,
presented a petition with 400 signatures supporting medical
marijuana. He estimated 1,500 patients live in Cortez and argued they
need "safe access to medicine."

Sherry Garcia, owner of Medicine Man dispensary, said she has four
employees and that her business helps feed employees' families.

"We're a business and we're paying taxes," Garcia said.

The state might legalize marijuana completely, Garcia said.

On the other side of the issue, Garth Greenlee said many businesses
will not hire someone who cannot pass a drug test. He said marijuana
ruins families and make drivers unsafe.

Cheryl McCutcheon said: "I have seen what marijuana can do to
families. You don't have to use drugs."

Marijuana is still banned under federal law, Dave Grennan pointed out.

"You're not only permitting but condoning illegal activity," Grennan said.

Grennan said he favors banning dispensaries.

Council member Archibeque asked if there is a way to limit the number
of medical marijuana centers.

The city requires a 500-foot distance from schools and parks, that
would limit the number of facilities, Harrington said.

Green acknowledged that the whole issue of how to deal with medical
marijuana is not concrete yet.

"The litigation is just starting," he said. "I'm not aware of any
cases that have been through the appeals court or the state Supreme Court."

After the public hearing closed, Councilor Keefauver said: "Medical
marijuana is legal in the state, so we're not talking about that or
caregivers. I'd rather see (Cortez Police Chief Roy) Lane deal with a
handful of dispensaries rather than a lot of caregivers or people
growing on their own."

Keefauver said he expects the number of dispensaries to decline
before July 1, 2011, because of rules and regulations.

In other action, the council approved accepting a state grant of
$264,000 for airport runway shoulder construction and awarded a $1.6
million contract to Four Corners Materials to do the work. They also
awarded a contract for $24,000 for engineering work on a fiber optic
line to OFS.