CITY BACKS OFF MARIJUANA BALLOT QUESTION

In June, members of the Delta City Council decided that the question
of medical marijuana dispensaries within city limits should be left up
to voters. Last week, they reconsidered the cost of participating in
the November election -- estimated at $3,500 to $5,000 -- and agreed
the expense can be avoided by soliciting input from the community
through other means such as a survey or public hearing.

At the July 20 city council meeting, city attorney Mike Schottelkotte
noted that the constitutional amendment approved by the state's voters
in 2000 mandates that sick individuals who have the proper
certification should be permitted to grow their own medical marijuana,
and that anyone who qualifies as a caretaker should be permitted to
grow medical marijuana for the benefit of their designated patients.

"That's as far as that constitutional amendment went," Schottelkotte
said. The constitution says nothing about medical marijuana
dispensaries. That became the creature of private interests, he said,
and legislation was subsequently expanded to regulate medical
marijuana dispensares and related grow operations.

"At the same time, the Legislature said local communities can opt out.
That's the prerogative you have."

But city council members hesitate to exercise that option without
input from the city's residents.

Schottelkotte said there's no time limit on the city's right to opt
out; the only deadlines council is facing are the ones imposed by the
November election. The moratorium on additional medical marijuana
dispensaries will remain in place until May 3, 2011, unless rescinded
by council.

"There has not been any public interest at all in the moratorium
discussions we've had," noted city attorney Mike Schottelkotte.

City clerk Jolene Nelson reviewed the results of the 2000 ballot
question which resulted in the amendment permitting the use of medical
marijuana. In the city, there were 464 "yes" votes and 662 "no" votes.
The county's total was 4,954 for; 7,540 against.

Invited to the meeting were the proprietors of Green Natural
Solutions, a medical marijuana dispensary which is open and operating
on Delta's Main Street, and another which was licensed before the
moratorium was imposed but has not yet opened.

City manager Joe Kerby said it would be helpful to those business
owners if they knew which way council members were leaning since state
regulations will soon take effect that will entail a considerable
amount of time and expense on the part of those businesses. But after
further discussion, it was determined the council would not have time
to schedule a public hearing before those state regulations take
effect Sept. 1.

John Thomas, manager of Green Natural Solutions, said the
state-mandated fees will run between $7,000 and $27,000, depending on
which of three types of licenses they apply for. Background checks
will be required, and the dispensary will have to verify that it grows
70 percent of its product.