WHAT DO YOU THINK?

County Opens Marijuana Issue To Public Comment

Larimer County Commissioners said they will invite the public to
comment before they decide whether to call for an election on banning
sales of medical marijuana in unincorporated areas of the county.

They learned Tuesday that all voters in the county would get a say on
the matter, not just those in the unincorporated area.

But they noted that could create confusion, particularly in Loveland,
where voters already are facing a question about whether to ban sales
of medical marijuana within the city limits.

At its July 20 meeting, the Loveland City Council decided to ask
voters on Nov. 2 to decide if medical marijuana businesses can
continue to operate, with strict licensing and regulation, after a
March 1, 2011, deadline.

A county question also could create confusion among voters in Fort
Collins, where the city is using zoning rules to regulate the industry.

Bill Ressue, assistant county attorney, told the commissioners that
originally some counties considered opening elections on medical
marijuana sales only to residents in the unincorporated areas of their
counties, because cities and towns can make their own decisions.

But now most are looking to open those elections to the entire voting
populations within their counties, he said. "A lot of counties are
going to put it on the ballot."

Ressue noted that because all residents of the county are county
citizens, even those who live in the cities, not allowing them to vote
could lead to legal challenges of whatever decision the voters make.

But he said the ballot language would need to make it clear the
election would affect medical marijuana sales only in unincorporated
areas of the county, and that city decisions would guide sales in the
cities.

Steve Johnson, chairman of the commission, said he wanted to hear
public comment on the matter before deciding whether to place it on
the ballot.

Commissioners said they would consider holding a hearing at one of
their Monday land use meetings to allow time for ample public comment.

Johnson noted the Loveland City Council got three hours of comment on
its question.

"It's going to be controversial," he said, adding one of the best ways
of settling controversies is a vote of the people.

"It's kind of hard to argue in the American system with a vote of the
people."

Commissioner Tom Donnelly said the commissioners had voted to be more
lenient than staff suggested when they set zoning code in early
January to regulate medical marijuana businesses.

He said his position on the matter has evolved since
then.

One business seeking approval in Larimer County has 1,700 patients,
Donnelly said, adding he's not sure a business serving that many
people should be in the unincorporated area.

To get a question on the Nov. 2 ballot, commissioners must make a
decision in early September.