CITY TO DEFER ACTION ON MEDICAL MARIJUANA BUSINESSES

The City of Trinidad, currently under a ban on medical
marijuana-related businesses, will continue its ban for the immediate
future, it was announced at the city?s Aug. 11 council meeting.

The city had amended its business licensing ordinance last fall to
enact an ?effective ban? on medical marijuana-related businesses
within city limits. After a discussion on the issue at its July 27
meeting, the council had decided to hold further discussions on the
matter at the Aug.11 work session.

City Attorney Jerod Beatty announced to the council at the Aug. 11
meeting that the window of opportunity for the council to possibly
place a referendum on the November ballot to allow city voters to
decide whether or not to allow the businesses had passed. ?We had
discussed a possible ballot question for the Nov. 2, 2010 election;
that would be a special election for the City of Trinidad,? Beatty
told the council.

The City of Trinidad?s elections are typically scheduled for
odd-numbered years. Had the city council desired to have an item
placed on the November ballot regarding the issue, a letter of intent
would have been required to be sent to the Las Animas County Clerk and
Recorder by July 23.

House Bill 10-1284 had created, upon its approval in May, a licensing
authority for medical marijuana businesses within the state?s
Department of Revenue, similar to the regulatory format for the sale
of alcohol. It also tightens the operational regulations for the
dispensaries, such as limiting their hours of operation of such
businesses and prohibiting the on-site consumption of medical
marijuana products.

While Senate Bill 10-109, also approved this year, directed the
Colorado Department of Public Health and Environment to continue its
oversight on caregivers and the issuance of medical marijuana cards to
qualified patients, it also tightened regulations on the cards. The
state is now required to enforce regulations requiring patients
seeking cards to be examined and recommended by a licensed physician.
Physicians providing the recommendations are also now prohibited from
receiving compensation from the recommendations.

Though the city council had discussed the possibility of having the
issue on the November ballot at its July 27 work session, by that time
the deadline for submittal of the letter of intent had already passed.
?We were dealing with more pressing matters and this got pushed to the
back burner,? Beatty said at the Aug. 11 meeting. ?A ballot issue for
the city is not really an option in 2010; of course, it could be an
option in 2011 or subsequent years.?

Mayor Jennie Garduno responded, ?That being the case, my desire would
be to discuss it at a later date.?

The Las Animas County government filed on time at its July 20 meeting
a letter of intent to place a ballot issue before voters to approve or
not medical marijuana businesses in the county. The actual ballot
measure for the allowance or disapproval of the businesses, however,
has yet to be approved by the county?s board of commissioners.