DISPENSARIES COULD GET MORE LATITUDE

Commissioners Taking Fresh Look At Medical Marijuana
Business

EAGLE, Colorado -- By this time next year, it may be a bit easier to
open a medical marijuana dispensary in Eagle County. But don't expect
an explosion.

There are five dispensaries now operating in the county -- and a few
more in the county's towns. Voters in both Eagle County and Minturn
voted Nov. 2 to keep those dispensaries open. The problem, at least in
the county, is that county regulations enacted last year have so
limited where a dispensary can operate that none of the existing
businesses could open today in their current locations . The current
businesses are allowed to stay open because they opened before the
county regulations were passed.

In the wake of the November vote, the Eagle County commissioners are
trying to walk a fine line between allowing dispensaries to operate
legally and not encouraging much, if any, growth in the number of
shops now open. County planners are now working to walk that fine
line. In a Tuesday work session, county planning director Bob Naracci
showed the commissioners a variety of maps that showed where
dispensaries are now allowed, and where they might be able to open
with a few adjustments.

There are a lot of potential changes to the regulations, but two drew
much of the discussion Tuesday.

One possible change would be reducing the distance a dispensary must
be from homes, churches, schools and similar facilities. The current
distance is 500 feet. According to Naracci's maps, cutting that
boundary down to 200 feet would open a bit more of the county's
commercial property. Allowing dispensaries to operate closer to
apartments in commercial areas would free up more space.

County Attorney Bryan Treu said opening up more of the county to
medical marijuana shops is important to the current dispensary owners.

"They say if their landlords ask them to leave, they have no place to
go," Treu said. "If they have to move, we want to be sure they can
remain open."

While county officials talked about lessening the boundaries, local
attorney Rohn Robbins asked why the boundaries are necessary at all.

"What's the magic in the number of feet from things?" Robbins asked.
"If this was miles from things in the age of the horse and buggy, I'd
understand. But if you want to get whatever you want to get, 5 feet or
200 doesn't make a difference."

Robbins recommended that the county simply open up various commercial
areas for dispensaries, then let the industry handle the rest.

While Robbins, who represents a dispensary, was the only member of the
public to speak at Tuesday's work session, any new regulations the
county passes will go through more such informal sessions, as well as
public hearings, before the commissioners vote.

"There were a lot of people who voted against this," Commissioner Sara
Fisher said. "I want to hear from them. We need to get as much
information as we can."

Commissioner Jon Stavney said he supports finding ways to keep the
dispensaries open, since most voters said that's what they wanted.

"But what we're looking for is a belt-loosening," on the regulations,
Stavney said.

The county has until the middle of next year to nail down its new
regulations, since it will have to issue licenses to dispensaries so
those businesses can apply for newly required state licenses.

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By the numbers

8,031: Votes to keep medical marijuana shops open in unincorporated
Eagle County. 6,411: Votes against the Nov. 2 ballot issue. 5: Medical
marijuana dispensaries currently operating in the county. 500: The
distance, in feet, any dispensaries must be from schools, churches,
homes and other facilities.