COUNTY DRAFTS MEDICAL POT LAWS

State Regulations To Take Effect In July

The long-awaited La Plata County temporary land-use code governing
medical-marijuana facilities has been drafted and now is available for
public scrutiny.

The county imposed a moratorium on medical-marijuana facilities in
March.

If approved, the code would be in effect until July 1, 2011, when new
statewide regulations kick in.

State law already in effect requires owners and operators of
medical-marijuana facilities to undergo a criminal background check.
It also is their responsibility to ensure adequate security of the
premises.

The county's draft rules, which can be altered by commissioners based
on public comment, would allow limited operation of medical-marijuana
retail centers, growing operations and the production of
marijuana-infused products within the county after an extensive
application and review process.

The code does not apply to private caregiver facilities authorized by
Amendment 20 passed in 2000.

As written, the county's code is similar to Durango's code governing
medical-marijuana centers with the notable exception that the city
explicitly bans medical-marijuana growing operations.

The rules would restrict medical-marijuana facilities from operating
within 1,000 feet of any school, college campus, licensed child care
center, public park or playground, rehabilitation center, or church or
religious institution.

With the exception of primary-caregiver facilities, medical-marijuana
facilities would not be allowed to operate within three miles of
Bayfield or Ignacio. Both towns independently have passed ordinances
banning the businesses.

Under the proposed rules, applicants would have to follow strict
guidelines before becoming eligible for final approval by the county's
planning department.

Before an application could be filed, applicants first would have to
submit a draft business plan to county staff and demonstrate they are
familiar with the procedures of the application process.

Within the next five days, the applicant would be required to notify a
number of agencies of their intentions, including the Colorado
Department of Transportation; the Colorado Division of Water
Resources; the La Plata County Building Department; the San Juan Basin
Health Department; any applicable water, sewer, fire and metro
districts within which the property is located; and any municipality
within a 3-mile radius. The agencies would have 10 days to submit
written comment to the county planning director.

At least 10 days before submitting an application, the applicant would
have to notify all property owners within 500 feet of the property
lines of the proposed business, providing them with the applicant's
name, a description of the proposed operation and the types and sizes
of any buildings used in conjunction with the business. Neighboring
landowners then would have 20 days to submit written comment to the
county planning director.

Once this process is completed, the planning director then would
determine if all requirements were met and render a decision no later
than 10 days after the comment period had ended. If denied a permit,
the applicant would have 14 days to appeal the decision.

Outlined in the code are rules governing a business' choice of signs
and parking requirements. Hours of operation would be limited to 8
a.m. to 7 p.m. Businesses also would be required to prevent any
adverse or noxious odors from wafting onto neighboring property.

Additional limitations could be imposed at the discretion of the
planning director.

Commissioners have yet to debate the draft code, and it is unclear
what changes will be made. A public hearing will be held before a
final vote, though a date has not yet been announced.