FRUITA REJECTS POT SHOP

A bid to open the first medical marijuana center in Fruita was
rejected Tuesday night after Police Chief Mark Angelo accused the
would-be owner of not being forthcoming about her operation and its
financial backers.

The City Council voted 4-2 against issuing a conditional-use permit to
Grand Junction resident Heather Sheley, who was seeking to open Next
Gen at 1960 U.S. Highway 6&50.

"Medical marijuana is a complicated, evolving issue and we shouldn't
settle for anything less than complete disclosure," Councilwoman Lori
Buck said. "In my mind this has to be a completely transparent process
and it hasn't been."

Councilwoman Stacey Mascarenas, who made the motion to reject the
permit, said the business would not meet the needs and desires of the
neighborhood, which is one of the requirements of an ordinance
regulating the medical marijuana industry passed by the City Council
last November. Council members Bruce Bonar and Mel Mulder disagreed
with Mascarenas, prompting them to cast dissenting votes.

Most council members' concerns, however, focused on what they believed
was a lack of personal and business information provided by Sheley.

Angelo told council members that Sheley, an employee of the business
and Sheley's mother, who provided $9,000 to help fund the business,
consented to background checks. State law requires medical marijuana
center owners and employees to undergo background checks.

In addition to the money from her mother, Angelo said Sheley told her
she planned to use her and her husband Bruce's $7,500 joint tax refund
to help subsidize the business. Bruce Sheley, though, refused to
submit to a background check.

Angelo also indicated that he had information that Sheley, her
employee or both were illegally growing marijuana and that Sheley
failed to answer him when he asked her about it.

"It's been difficult getting information in a timely fashion, to get
complete information in a timely fashion," Angelo said.

Sheley, however, contended her husband wasn't obligated to undergo a
background check because he's not an owner or employee of the
business. And she said she felt threatened by Angelo, claiming that in
a phone call last month Angelo accused her of lying to him and told
her she had one chance to come clean with him or "the Grand Junction
Police Department will come to my door."

Sheley said Next Gen hasn't begun to grow any medical marijuana and
that she hasn't violated any laws.

"I have no qualms with complying with lawful, reasonable requests,"
she said.

Roughly 30 people sat in on the nearly three-hour hearing, and all who
spoke outside of Sheley and her attorney, Aaron Norris, were opposed
to the opening of the medical marijuana center.

Greg Smith, owner of Twin Crossings Unique Furniture, 1956 U.S. 6&50,
argued Next Gen could harm his business.

"I have put thousands of dollars into my property. I don't need to
have it brought down by another business," he said.

Several residents said the advent of the medical marijuana industry
has further exposed young people to the drug. One woman argued
children are being led to believe "marijuana is like vitamins."

The Fruita City Council's decision came one night after the Grand
Junction City Council voted to ban medical marijuana centers within
city limits by Jan. 1. Should Mesa County voters decide in November to
follow suit and prohibit such businesses from operating within
unincorporated areas of the county, it's conceivable that the only
medical marijuana center operating in the Grand Valley for the
foreseeable future would be located in Palisade.