EAGLE TARGETS MARIJUANA CAREGIVERS

Town Tries To Keep Caregivers Out Of Residential Neighborhoods

EAGLE, Colorado -- Eagle has waded into Colorado's medical marijuana
debate in a couple of contentious rules.

In separate split votes, the town has decided to allow medical
marijuana dispensaries in specific areas and nixed a plan from one
such operation to expand to include a growing operation. Now the town
is looking at regulations for medical marijuana caregivers in
residential areas.

According to Eagle Town Attorney Ed Sands, the new state medical
marijuana legislation does not address local regulation of caregivers.
He notes that while the law does stipulate that primary caregivers
must have a "meaningful relationship" with their patients, that
expands beyond simply providing them with cannabis. Additionally,
caregivers can have no more than five patients at any one time.

The central issue for Eagle is how to regulate caregiver operations,
and specifically how to direct them out of residential
neighborhoods.

"We are concerned that growing a large number of marijuana plants in
homes in residential areas creates dangers of fire, mold, mildew,
burglary and more," said Sands.

Sands noted that the town must use caution in wording its regulations,
particularly because the ballot issue that voters approved to legalize
medical marijuana -- Amendment 20 -- provides a constitutional right
for caregivers to cultivate.

But town board members were adamant that while they recognized that
caregivers have been granted constitutional rights to grow medical
marijuana, they did not believe that residential neighborhoods were
the appropriate place to practice that right.

"If you are going to be a caregiver, be a caregiver where the town
says it's appropriate, not in residential areas," said town board
member Scott Turnipseed last week. "I just don't think we are being
unreasonable to try to limit the number of plants in a household."

But as they discussed the issue further, town board members noted the
particulars become more clouded. For instance, if a husband was acting
as a caregiver to grow medical marijuana for his sick wife, should the
town force them to take that activity to an industrial district?
Instead, the town opted to outline some basic criteria for medical
marijuana caregivers:

- - A maximum of two medical marijuana cardholders per household can
cultivate at a single residence. Additionally, cardholders would be
limited to cultivating a maximum of six plants each for a total of 12
plants per residence.

- - Caregivers who are cultivating marijuana for patients who do not
live in the same residence must locate growing operations in areas the
town has designated for medical marijuana dispensaries.

With these basic provisions in mind, Sands said he will draft
regulations for the town board to formally consider. The provisions
will be the subject of future, advertised public hearings.