MEDICAL MARIJUANA BAN LEAVES APPLICANTS IN HAZE

The status of pending applications for medical marijuana dispensaries
became unclear after the Larimer County Commissioners voted to ban
such dispensaries anywhere in the unincorporated county.

The unanimous decision followed hours of comment at an Aug. 23 public
hearing. In often-fervent public testimonials, more than two dozen
advocates admonished the commissioners to retain current county
standards. About half that number were equally adamant about banning
the outlets. A handful favored putting the issue to a vote as are
Loveland and other municipalities.

In their own personal testimonials, each of the commissioners
acknowledged the medicinal value of marijuana. Commissioner Steve
Johnson praised users as "good people who want to take care of their
medical condition."

But in the end, the commissioners sided with opponents principally
raising concerns about the potential for increased crime associated
with dispensaries.

"It's about big bucks, folks," said Larry Cecil. "It's a bad
idea."

Sheriff Jim Alderden maintained that the presence of dispensaries
would place a tremendous burden on increasingly scarce county staff to
process and police the facilities.

"Money and drugs equal crime," he said. "Selling at $400 to $500 an
ounce, this is an obscenely profitable business and one that organized
crime in the form of drug cartels is attracted to."

Despite concerns by ban opponents, the commissioners said there
already is ample access for medical marijuana users with the many
dispensaries and grow facilities operating or undergoing the approval
process within cities.

"Nothing we do tonight will limit access," said Commissioner Lew
Gaiter. "It may make it more difficult."

While Johnson said he was hopeful dispensaries would work in the
county, he said cities such as Fort Collins are better prepared to
deal with the impacts.

Left unresolved, however, was the fate of dispensary applications
submitted to the county prior to the July 1 deadline. Of the dozen
submissions, the commissioners have rejected two. The planning
commission has forwarded a recommendation of approval for two more.
The rest are making their way through the review process.

Applicants fiercely protested that they already had made a big cash
commitment to procure permits and proceed through the review process.

One of her clients already has spent $50,000 based on the current
county standards, said Deanne Frederickson, who specializes in gaining
land use approvals.

"You have a good system," she said, urging the commissioners to
distinguish fact from fear.

"We deserve the opportunity to be a good taxpaying business," said
Sarah Gustin. A co-owner of Choice Organics, she said her application
fee apparently would be forfeited if dispensaries in the county were
banned.

"All of a sudden we have this chance of this being pulled out from
under us," said Jerry Eshbaugh, whose proposed dispensary was one of
those recommended for approval.

"We are asking you give your regulations a chance to work," said Erica
Freemen. She and husband Brian are in the review process for their
proposed dispensary.

County manager Frank Lancaster said officials would confer with
attorneys to address the issue of pending applications and propose a
resolution to the commissioners.

The last proposal to go before the commissioners went up in smoke on
July 26 when they voted unanimously to reject a dispensary proposed
for the east side of Link Lane south of Lincoln Avenue.

The application created an unusual situation in which the planning
staff recommended approval while the planning commission in a 6-2 vote
recommended denial.

At issue was whether the dispensary, while meeting all necessary
county standards, still was unacceptable because of its proximity to a
roller-skating rink catering to children.

The county commissioners sided with the planning commission,
contending that the Green Leaf grow facility and dispensary was
hopelessly inconsistent with the neighborhood still suffering from the
arrival of an adult strip club years ago.

"We risk by putting another controversial business, a highly
controversial business, in Link Lane," said Jathen Travena, manager of
the Rollerland skating rink neighboring A Hunt Club.

"We really, really have a high risk of turning that area into the red
light district of Larimer County," he continued. "Nobody else will say
it. We're at the tipping point here."

Commissioner Steve Johnson once again endorsed the value of medical
marijuana and said users "need a safe place to get their meds."

But, he said, that wasn't the issue and neither was the sterling
character of co-applicants Eloy and Lonnie Castillon. Johnson said
state regulations recognize proximity to places where children
congregate as a serious siting consideration.