COUNTY WON'T SEND MARIJ DEBATE TO VOTE

Commissioners Set Public Hearing For Medical Marijuana

Montezuma County commissioners took the fate of the county's
burgeoning medical marijuana industry into their own hands Monday,
deciding they will not turn the issue over to voters in November.

In a short discussion held to determine who will make the ultimate
decision over whether or not to ban the growing number of dispensaries
and growth sites in the county, commissioners debated whether to
retain their authority or to let county voters weigh in.

"The question is will you make the decision or will you refer to the
voters," said County Attorney Bob Slough. "That is the only question
today - not what the decision will be but who is going to make the
decision."

One member of the public spoke at the meeting, encouraging the
commissioners to make any decision regarding medical marijuana themselves.

"I'm actually applying for a commercial growth permit if everything
works out," said Ed Sheets. "In my opinion, I don't see where you need
to (send the issue to the voters). That is why we vote you in. It is
somewhat of a hard decision for Cortez, but at the same time it is
legal."

Sheets compared the current medical marijuana debate to society's
upheaval during the Prohibition era of 1920 through 1933.

"It is kind of like when Prohibition ended," Sheets said. "I'm sure a
lot of people had a problem with that, and I don't believe they put
that to the voters. I believe you guys should make the decision. It is
a legal business, so why shouldn't the city and county collect the
revenue here?"

Commissioners voted unanimously to bypass a November
ballot.

"I think this is a representative government," said Commissioner Steve
Chappell. "They vote us in to make the hard decisions. I don't think
we have to push everything to the voters if it is a hard decision."

Commissioners also set a public hearing to discuss medical marijuana
dispensaries and growth sites. The hearing is scheduled for 10:30 a.m.
Monday, Aug. 30, at the Montezuma County Courthouse, 109 W. Main St.,
Room 306, Cortez.

"I don't have any problem as far as having a public hearing and making
a decision," said Commissioner Gerald Koppenhafer.

Any decision made by county commissioners will only apply to portions
of the county outside city limits. Municipalities such as Cortez,
Dolores and Mancos are responsible for their own regulations.

After the vote, commissioners Chappell and Larrie Rule briefly
discussed the medical marijuana debate with Montezuma County Sheriff
Gerald Wallace.

"I have a few thoughts, but I'll air them at the public hearing,"
Wallace said.

"We all have our own opinions," Chappell replied.

Much of the discussion centered on the regulation of the medical
marijuana industry and the responsibility of law enforcement.

"One of the problems I have is pharmaceuticals are strictly inspected
and regulated by the (Food and Drug Administration)," Chappell said.
"If this is medicinal, why isn't it under the same scrutiny?"

Wallace commented on the lack of structure law enforcement has for
dealing with drivers who test positive for marijuana but aren't
necessarily driving impaired.

"If we take a blood draw, marijuana stays in the system for 30 days.
So they may not be under the influence even those the test is
positive," Wallace said. "There are a lot of those issues."

A final concern voiced by Chappell was the county's legal
responsibility.

"What happens if there is distribution and growing in the county and
there is no control over the quality," Chappell said. "If someone
dies, who gets sued?"

"Well, you guys are usually No. 1 on that list," Wallace said
jokingly.

For more information, contact the county administration office at
565-8317.

On the Net: Montezuma County, www.co.montezuma.co.us.