MEDICAL MARIJUANA

Valley Grapples With Issue 10 Years After State Law
Passes

In the year 2000, Colorado voters approved Amendment 20, which allowed
the legal possession of marijuana for medical purposes. The Colorado
Department of Public Health and Environment was then commissioned with
the task of administering the Medical Marijuana Registry Program.
According to the CDPHE website, as of Nov. 30, 2009 statistics for the
registry include:

. 33,614 new patient applications have been received to date since the
registry began operating in June 2001. Twenty-seven (27) applications
have been denied, 23 cards have been revoked, 279 patients have died,
and 2,366 cards have expired, bringing the total number of patients
who currently possess valid Registry ID cards to 30,919.

.74 percent of approved applicants are male.

. The average age of all patients is 40. Currently 13 patients are
minors (under the age of 18).

.58 percent of patients reside in the Denver-metro and area (Adams,
Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson
counties), with the remainder of patients found in counties throughout
Colorado.

.Patients on the Registry represent all the debilitating conditions
covered under Amendment 20. Severe pain accounts for 91 percent of all
reported conditions; muscle spasms account for the second-most
reported condition at 30 percent.

.68 percent of patients have designated a primary care-giver (someone
who has significant responsibility for managing the patient's care).

* Over 900 different physicians have signed for patients in
Colorado.

Rocky Ford allows first dispensary

In the Arkansas Valley, medical marijuana was not an issue until the
city of Centennial was sued for for pulling a business license from a
medical marijuana dispensary in light of federal law. As a result of
that case, an Arapahoe county judge ruled that Colorado cities could
not ban dispensaries. Because of this case, La Junta resident Joseph
Carson appeared before council asking them to move on the issue. He
even "guaranteed" a lawsuit should the city of La Junta pass a
moratorium on clinics. La Junta's city council opted for a moratorium
despite Carson's implied threat.

That moratorium was used as a means to study the issue.

Now, Carson, with his partner Josh Smykowski, has opened a clinic in
Rocky Ford called Alternative Pharmaceutical Technologies. During an
interview with the Tribune-Democrat, Carson stated that he had tried
to open his business in La Junta, but had been forestalled by the
moratorium. Carson had made no mention at any council meeting of his
plans to open the business in Rocky Ford.

Carson's business in Rocky Ford seems to be successful. Carson said
that many patients from all over Southeastern Colorado, including
Trinidad, Springfield and Lamar, have come to the office within the
past two weeks. Aside from Carson's establishment, a dispensary in
Sugar City is the only other one operating in the area. Alternative
Pharmaceutical Technologies has not yet had a formal opening ceremony,
but according to Carson, the business has sent substantial sales taxes
from the operation to Rocky Ford.

In order to operate the dispensary, the men had to get a Colorado
State License and a registry number which is good for one year. The
rules for the operation are quite stringent. A patient must send a
form letter signed by his primary care provider to the state registry,
along with $90, in order to obtain a red card to make him eligible to
obtain marijuana legally from a legal dispensary. The employees have
to be certified in a manner similar to that used for employees in the
gaming industries, such as casinos. The counter must be open to view
from the street and 70 percent of the product must be grown on site,
which necessitates a good security system.

Conditions for which medical marijuana is sometimes prescribed, under
Colorado statute, include but are not limited to cancer (any form),
HIV, AIDS, glaucoma, any debilitating condition producing severe pain,
nausea, seizures, or muscle spasms. Marijuana may be substituted for
pharmaceuticals such as Prozac. Currently Post Traumatic Stress
Disorder is being considered for inclusion.

Struggle of state's rights versus federal law

Throughout the last decade, Colorado state law and federal law have
been at odds regarding the medical marijuana issue. Students and
cities have also been working to have marijuana restrictions relaxed.
In April 2010, Nederland voters approved that there would be no more
criminal penalties for anyone 21 or older for buying, selling,
possessing, consuming, growing or transporting marijuana.

On the federal level, in March 2009 Attorney General Eric Holder
announced new policy changes that would end raids on medical marijuana
dispensaries. This led to a new Justice Department policy that,
according to westword.com, instructed federal prosecutors "to not
charge people who use or provide medical marijuana if they are in
compliance with state laws." Meanwhile, applications for medical
marijuana grew to 70,000 by April 2010 in Colorado. By May, Colorado
state legislators passed Senate Bill 109, "which regulates
medical-marijuana doctor-patient relationships, as well as House Bill
1284, making Colorado the first state in the country to formalize a
statewide medical marijuana dispensary system" (blogs.westword.com).

For this reason, municipalities in the Arkansas Valley have to decide
what they will do regarding the issue. HB 1284 provides some
provisions for communities to opt out, or to put limitations on how
licenses can be issued. Section 12 - 43.3 - 106 gives a local option
in which a "a majority of the members of the governing board for the
municipality, county, city, or city and county, vote to prohibit the
operation of medical marijuana centers, optional premises cultivation
operations and medical marijuana-infused products manufacturers'
licenses." A governing body does not have to put the issue to a vote,
but, as Pueblo has done, may decide whether or not medical marijuana
dispensaries will be banned.

Here is what different entities are doing in the Arkansas Valley:

Rocky Ford

On Tuesday, July 13 the Rocky Ford City Council unanimously passed
ordinance 867, which dealt with establishing a local licensing
authority and licensing for medical marijuana. The ordinance set the
zoning restrictions for future medical marijuana businesses, if they
decide to attempt to move into the area.

The zones, which were amended and deemed, allowed for zones to include
half of the 400 block and all of the 500 block on both sides of Main
Street. This amendment cut out several blocks, including the 700
block, to keep medical marijuana businesses away from the fairgrounds
and former Liberty school building. The 600 block was banned so that
clinics will be kept away from highway exposure. Also discussed during
the meeting was a proposed measure which was suggested by one of the
owners of the current business of Rocky Ford to work out a deal where
if the business was given the same tax rates by the city as they were
by the state, they would donate 3 percent of proceeds to some club or
charity. After discussion, City Manager Dan Hyatt thought that a
possible solution may include a statute that says that the present
business and any future business would pay the taxes that are already
in place, but could receive some sort of reimbursement if they agree
to donate the 3 percent to a cause, which would likely go to the city
funds. This measure was not voted on, but will be discussed in an
upcoming work session and meeting.

According to City Manager and Attorney Dan Hyatt, Rocky Ford is
charging $10,000 for initial licensing fees and applications. The city
charges $2,500 for an application to raise marijuana. "There is a
difference here because in order to raise marijuana you have to have
an initial license," Hyatt said.

To make infused products, the city charges $10,000 for a license as
well. There is a $2,500 renewal fee for all licenses on an annual basis.

"These costs help offset the cost of law enforcement. That's what
we're figuring," said Hyatt.

Otero County

Otero County Commissioners, at their regular meeting on Monday, passed
Resolution No. 2010-012, which prohibits the new construction,
alteration, or use of any building, structure, or property used for
the sale, distribution, cultivation, and dispensing of medical
marijuana and medical marijuana centers, optional premises cultivation
operations, and medical marijuana-infused products manufacturers'
licenses until such time as an election question is submitted to the
registered and eligible electors of Otero County on whether to
prohibit such uses within the unincorporated boundaries of Otero
County, Colorado.

On Nov. 2, 2010, the following question shall be submitted to the voters of
Otero County:

"Pursuant to the authority granted by Section-43.3-106, Colorado
Revised Statutes, shall medical marijuana centers, optional premises
cultivation operations and medical marijuana-infused products
manufacturers' licenses, as those terms are defined in Section
12-43.3-104, Colorado Revised Statutes, be prohibited within the
unincorporated boundaries of Otero County, Colorado? Yes or No." The
Yes vote would prohibit all medical marijuana operations in the
unincorporated areas of the county, a No vote would permit them.

Commissioner Kevin Karney pointed out that in 2000, when the medical
marijuana legalization, Amendment 20, was passed statewide, Otero
County voted against, 4,434 to 2,680.

By their action, the Otero County Commissioners became the first
entity in the tri-county area to put the question of medical marijuana
dispensaries on the Nov. 2, 2010 ballot.

La Junta

On Monday evening, City Attorney Dean Malouff "strongly encouraged" La
Junta City Council to put the issue to a vote so that the people could
"exercise their voice" on the matter, since in the past, more rural
communities have voted against the matter than for it. Malouff also
said that he had already written ordinances based upon council's
possible actions.

Most communities are putting the issue on the ballot, Malouff said.
The wording that many communities, including Otero County, is using
for the ballot on a yes, no question is:

"Pursuant to the authority granted by C.R.S. Section 12-43.3-106,
shall medical marijuana centers, optional premises cultivation
operations and medical marijuana-infused products manufacturers'
licenses, as those terms are defined in C.R.S. Section 12-43.3-104, be
prohibited within the boundaries of the city of La Junta, Colorado?"

Councilman Bob Freidenberger moved to accept the city attorney's
recommendations and the council approved it unanimously. Both he and
Mayor Don Rizzuto were concerned about the wording on the ballot,
however. Freidenberger said that they would need to educate the people.

"The operative word is 'be prohibited,'" said Malouff. Voting "yes"
would mean to prohibit and voting "no" would mean that the voter wants
what is listed on the question.

The new ordinance detailing the council's actions on the ballot issue
will be presented to council for first reading on Aug. 2 and for
second reading on Aug. 16.

Las Animas

The Las Animas City Council does not want to put the issue to a vote
before the people because, as they said at their meeting last week,
the cost for an election will be between $1,000 and $1,500 and they
don't really want to spend the money on an election.

Mayor Sena feels the council is elected so they should make the
decision. But, the council agrees as a whole to have a public forum to
hear from the people. The people were opposed to the issue in a
previous election, but they may feel differently now.

The council feels that if they approve it, they can make regulations
more strict.

Before acting on the issue, council said that they would conduct an
open forum to hear from the people on Aug. 3 or 5 at 7 p.m. at the
elementary school. Once the date is confirmed, the council will
announce the forum.

Swink

The Town of Swink voted on Monday, July 12 to do the same thing as
Otero County.