POT PUZZLE: PATCHWORK RULES CREATE ANGST IN LARIMER COUNTY

Ask Brian Vicente about the state of medical marijuana in Larimer
County, and his answer is much more simple than the question itself:
"It's a mess."

The head of one of the leading state medical marijuana advocacy groups
agrees with the Loveland police chief, an opponent of dispensaries, on
one thing -- the patchwork of regulations is confusing.

"We're in a really fragmented state right now," said Chief Luke
Hecker.

"You'll be in one jurisdiction, and something is OK. You go into
another, and it is not. It's going to be difficult for law enforcement
agencies and confusing for the citizens of Colorado.

"In unity, there's the most opportunity for effectiveness and
productivity."

Since the state has allowed local governments to decide how to handle
medical marijuana dispensaries in their areas, the decisions have been
all over the map, literally and figuratively.

Just look at Larimer County.

Berthoud and Fort Collins are allowing dispensaries.

Voters in Loveland and Windsor, which straddles Larimer and Weld
counties, banned dispensaries.

Elected officials in Estes Park, Wellington and unincorporated Larimer
County have banned dispensaries.

But even that is not cut and dried.

Existing businesses in Loveland and Windsor will have to shut their
doors in 2011. However, those already in place or with sales tax
licenses in unincorporated areas of Larimer County may be allowed to
continue or open after a land use review.

What does that mean for the region?

City, police and medical marijuana officials predict confusion, more
businesses migrating to Fort Collins and even lawsuits.

Ginny Sawyer, a neighborhood administrator in Fort Collins, said that,
since the Nov. 2 election, the city has already heard from some
Loveland businesses wanting to relocate rather than shut down.

The city, she said, is in for a tricky balancing act to make sure
there are enough but not too many facilities.

"We want to honor the constitution and all, but we also don't want to
be the mecca," Sawyer said. "We want a good balance."

Just south, in the county's second largest city, Loveland will shutter
all dispensaries in March. That means 11 businesses that obtained
sales tax licenses and went through the processes before the election
are now out of luck.

Some, Vicente said, are considering filing a lawsuit against the city
to challenge the constitutionality of the voters' decision.

"There's some pretty upset patients and some pretty upset business
owners that put a lot of money into their shops," Vicente said.

Loveland voters' decision also could affect the only existing
dispensary in Larimer County, which is just outside the city limits at
418 SE Eighth St. The city will have input in the pending county
zoning process.

The ban on dispensaries is not a ban on all medical marijuana, though.
Even where commercial dispensaries aren't allowed, patients and
caregivers can have limited amounts of plants in their homes.

That pushes pot into neighborhoods instead of regulated businesses,
Vicente said.

But it also pushes back at drug cartels, which are sure to infiltrate
medical marijuana businesses, Hecker said.

"I believe there is too much money to be made in the industry for the
cartels not to tap into that," he said. "I believe it does allow for
the advancement of organized crime."

He admits that if crime increases follow growth of the medical
marijuana businesses, that could bleed into cities and counties that
have banned dispensaries.