DISPENSARIES ILLEGAL IN UNINCORPORATED AREAS

Larimer County commissioners voted Monday to ban medical marijuana
dispensaries in the unincorporated areas of the county.

Forty-two people spoke to commissioners Monday night about medical
marijuana dispensaries, offering a variety of opinions. The majority
told commissioners to regulate dispensaries, while smaller numbers
asked the commissioners to either ban dispensaries in the
unincorporated areas of the county or to send the question to voters
in November.

But Commissioner Lew Gaiter noted that though more people who spoke
Monday wanted to regulate it, almost all of the calls he received
before the meeting sought a ban, and that's what he proposed. "As I
listen to people tonight the concern I hear is primarily about
access," he said, noting people want to make sure they can continue to
have access. A ban will not remove access but it may make it more
difficult, he said. Commissioners Tom Donnelly and Steve Johnson also
said they favored a ban.

Municipalities are better able to handle the impacts than the county,
Johnson said, noting some nights the Sheriff's Office has only three
deputies to patrol the whole county.

"We need to make the decision. That's what we were elected to do,
Johnson said.

"See you in court," one man shouted and walked out of the hearing
room.

Johnson, chairman of the commission, noted at the start of the meeting
that the state has allowed medical marijuana use for about 10 years,
after passage of a constitutional amendment in 2000. But the amendment
only provided for patients to use it and caregivers to grow and
provide it for patients who couldn't or didn't want to do for themselves.

Since then, larger dispensaries have cropped up, something not
envisioned with the amendment, in part because of a decision by the
Justice Department to not pursue prosecution under federal drug laws
in states that allow medical marijuana use, Johnson said.

Among the people who spoke in favor of regulating medical marijuana in
the unincorporated areas of the county, Erica Freeman, co-owner of
Choices Organics, a proposed center in the unincorporated area of the
county, said her business has paid more than $8,000 to apply for a
state license, money that is not refundable if the county bans such
use. She said they have tried to meet the county's regulations, and
asked commissioners to give them a chance to make it work.

Commissioners will consult their attorney about whether they can
grandfather in existing businesses.

Deanne Fredrickson, a land planner and landscape architect who has
been working with medical marijuana businesses, told commissioners
they have the ability to regulate the businesses. "I think you should
have more faith in your own system," she said.

Andrew Mowery talked about a neighbor who had multiple sclerosis but
was afraid to get a medical marijuana card, afraid to have the drug in
her house. "She suffered out of that fear," he said. Mowery said if
the county puts it to a vote, people with money will sway the
election. He asked the commissioners to regulate it.

Abby Kremmer, who identified herself as an employee of a medical
marijuana dispensary in Fort Collins, asked commissioners not to ban
it. "If worse comes to worse, put it to a public vote," because people
will vote for it, she said. Commissioner Donnelly asked her how she
decides on doses, and she answered she talks to patients about what
works for them, and gets information online.

Martha Simmons, who works with cancer patients, said she would prefer
medical doctors decide on the doses, rather than someone who seeks out
information online.

"An online education is problematic to me," she said. Simmons said she
liked the idea of sending the question to a vote.

Larry Cecil told commissioners the question should go to a vote. "Many
of the citizens feel like they made a mistake, and I wish this would
appear on the vote again," he said.

Cecil said he thought the dispensaries were an invitation to criminal
activity. "Nobody's said it yet but this is about big-bucks folks," he
added.

Colin Hornback told commissioners medical marijuana use in the county
is nothing but legalized drug dealing. "It's bringing a lot of harm to
the community and established businesses," he said, asking
commissioners to ban it.

John Keller said he feels the decision should be in the hands of the
public, and that it's not too complicated for the voters to understand.

County voters were evenly split on the decision 10 years ago to allow
medical marijuana, he noted. It's reasonable to ask those people, now
that they've had experience with it, to vote on it again, he said,
adding that he hopes they would vote for it.

"The current model is simply bad legislation," he said, suggesting
pharmacies should be allowed to sell it instead of
dispensaries.

Sheriff Jim Alderden also spoke, and said voters in 2000 did not
contemplate dispensaries. "That was not what the voters voted for,
particularly in this community," he said.

He said regulating the business would put a significant burden on his
department and the planning department.

[sidebar]

Medical Marijuana Timeline

November 2000: Voters in Colorado approve an amendment to the state
constitution to allow use of medical marijuana. The amendment allowed
patients to possess and grow marijuana for medical purposes if they
had recommendations from a doctor and were registered in a
state-operated system to get a card certifying that they were approved
to use marijuana. Larimer County voters were split on the issue, with
50.1 voting against it and 49.9 percent for it. January 2002: State
officials announce that in the first year it was legal, only 99 people
registered to use marijuana for medical purposes.

Dec. 7, 2009: Larimer County commissioners place a moratorium on
medical marijuana dispensaries, saying they needed time to understand
land use and other issues before approving further
dispensaries.

January 2010: Associated Press reports an estimated 30,000 people have
applied to the state health department to use medical marijuana.

Jan. 4: Larimer County commissioners approve new regulations on
dispensaries and lift their moratorium.

May 11: The Colorado Legislature approves a bill requiring a state
licensing process, a separate local licensing process, and gives
communities the option of opting out of allowing dispensaries.

June 15: The Greeley City Council votes to ban medical marijuana
dispensaries within that city.

June 28: Larimer County commissioners vote to place a moratorium
beginning in July on acceptance of new applications by medical
marijuana businesses until state and local licensing regulations can
be set up. Those regulations are due to be in place by July 2011.

July 20: Loveland City Council votes to ask voters on Nov. 2 to decide
if medical marijuana businesses can operate, with strict licensing and
regulation, after next spring.

Aug. 3: Associated Press reports more than 2,000 Colorado businesses,
from growers to dispensaries, had applied for new state medical
marijuana licenses by the Aug. 1 deadline.

Aug. 9: The Windsor Town Board votes to put a question on the November
ballot asking residents if they want to ban commercial medical
marijuana facilities in town limits.