TOWN TOUGHENS MEDICAL MARIJUANA MORATORIUM

Tackling the issue of medical marijuana for the second time in as many
weeks, the Pagosa Springs Town Council voted at Tuesday night's
meeting to extend a moratorium on medical marijuana centers in the
town until July 1, 2011, with the first reading of an ordinance.

Although the council had voted on a resolution to extend the
moratorium at its July 22 mid-month meeting, Tuesday night's ordinance
differed from that resolution in two major ways: procedurally, a
resolution requires a single vote by council and can be repealed by a
single vote. Ordinances, on the other hand, require a second vote by
council and repeal likewise requires first and second readings prior
to voting.

Secondly, while the July 22 resolution merely placed a moratorium on
medical marijuana centers in the town, Tuesday's resolution was
farther reaching, not only prohibiting the establishment of those
centers in town but also prohibiting cultivation operations, the
manufacture of marijuana infused products (i.e. brownies, cookies or
other products using marijuana as an ingredient) as well as
prohibiting the delivery of medical marijuana to local patients.

It was the prohibited delivery of medical marijuana that led to the
most discussion regarding the ordinance. After council member Don
Volger stated an objection to disallowing delivery of medical
marijuana into the town, council member Stan Holt responded, "I look
at what other communities have done and I agree with them. It's not
about completely banning medical marijuana, what I'm trying to prevent
is businesses from out of town making a regular run delivering into
the county."

In the November 2000 general election, Coloradans passed Amendment 20
which legalized marijuana for medical use.

Earlier this summer, the Colorado Legislature passed House Bill 1284
which allows municipalities to ban or further restrict medical
marijuana centers beyond state regulations. However, HB 1284 does not
overturn the general intent of Amendment 20 and, as such, does not
outlaw medical marijuana use in Colorado.

Furthermore, HB 1284 continues to allow so-called caregivers to grow
marijuana for the purpose of providing registered patients with
medical marijuana. As such, the town ordinance would have no effect on
caregivers and their ability to deliver medical marijuana to patients.

Nonetheless, Pagosa Springs Police Chief Bill Rockensock conceded that
addressing delivery would be problematic, at best.

"I'm not sure that we would be able to enforce that," Rockensock said,
adding, "It would be next to impossible."

In fact, Rockensock stated he thought it prudent to consult with the
town's attorney regarding the delivery provision of the ordinance.

Council member Jerry Jackson also doubted the wisdom of preventing the
delivery of medical marijuana into town. Stating that the original
purpose of the ordinance seemed to give council time to investigate
options for regulating medical marijuana businesses (should council
decide to allow those businesses), Jackson added that, "Prohibiting
the delivery into the town takes this into another direction and
prohibits the use."

Council member Shari Pierce countered, "I'm concerned about the safety
issue," presumably that criminals, aware of a regular delivery
schedule for medical marijuana could hijack those providers.

Later, however, Pierce made it clear that she preferred an ordinance
that reached farther than just preventing delivery or delayed the
establishment of medical marijuana centers, saying, "I think we're
just a baby step away from saying that we just don't want this in our
community."

Pagosa Springs Mayor Ross Aragon echoed that sentiment when he added,
"I just wonder what kind of message this sends to our tourists and our
youth. To me, it's an image problem for our council.

Yet, although Aragon, Holt and Pierce leaned heavily towards an
outright ban on medical marijuana, the vote to extend the moratorium
remained in the hands of council members Darrell Cotton and Kathie
Lattin as well as trustees Jackson and Volger. In fact, it was Jackson
who made a motion to extend the moratorium, leaving in the prohibition
for deliveries, and stipulating that town staff would set aside
further investigation of the issue until two months before the
moratorium's expiration. Council approved the motion
unanimously.

Council will hear a second reading of the ordinance at its noon
mid-month meeting on Aug. 26 in chambers at Town Hall. If passed, the
moratorium (and related prohibitions) will stand in effect until the
July 1, 2011, moratorium deadline. If council passes a second reading
of the ordinance, unless council has a substantial change of heart,
only a referendum by town voters (put in place by a certified
petition) would overturn the ordinance.

Until July 1, 2011, medical marijuana patients in Pagosa Springs will
have few options for treatment. They can wait over nine months for a
marijuana plant to reach maturity, they can seek out a certified
caregiver in town or county, or they can drive to Durango to fill
their prescription. Otherwise, with Tuesday's decision by council, no
other options exist.

More uncertain than getting a medical marijuana prescription filled is
how council will revisit the issue next summer. Allowing medical
marijuana centers in town seems unlikely, given recent decisions by
the board.