COUNTY OFFICIALS WEIGH POT-GROWING REGULATIONS

Medical Marijuana Rules in Other Counties Could Have Local Effect

Pitkin County commissioners on Wednesday bounced around ideas for
regulations on growing and selling medical marijuana in
unincorporated areas of the county, but reached no firm decisions and
said the issue needed further study.

Commissioners appeared to look for a strategy that relies on
common-sense regulation without suffocating the industry. They
discussed distance minimums between growing operations and allowing
marijuana to be grown only in enclosed buildings as measures that
would cut down on extreme odors wafting from the plants into neighborhoods.

They also spoke of the possibility of dispensaries and growing
operations being targets for robberies, potentially bringing a crime
into unincorporated communities. And they pondered whether new
medical marijuana laws adopted in other counties, such as Boulder and
Summit, would lead to a large influx of growing operations in Pitkin.

The discussion was prompted by last year's state medical marijuana
legislation that says the county has until July 1 to adopt
regulations that are more specific than state rules, should that be
the route local officials desire.

Last fall, commissioners asked the county's Community Development
Department to seek input from local groups. During Wednesday's
meeting, Lance Clarke, assistant community development director,
reported that most caucuses around the county did not have any
overwhelming concerns. An exception was the Redstone Community
Association, which clearly stated that dispensaries should not be
allowed on Redstone Boulevard.

Clark wrote in a memorandum to commissioners, and reiterated at the
meeting, that it's likely that the lack of concern is due to the fact
that there are only two dispensaries and a half-dozen growing sites
in Pitkin County. Any impact on communities or neighborhoods so far
has been slight or barely traceable.

A state constitutional amendment passed in 2000 allows medical
marijuana. While it has been accepted in many areas, 17 counties have
voted to prohibit the industry outright. In recent months, some local
governments around the state have passed new limitations on the
industry, sparking lawsuits from the affected businesses.

Commission Chairwoman Rachel Richards pointed out that since medical
marijuana patients are allowed to grow their own plants, heavy
regulations on growers and dispensaries might lead to a situation in
which the county has little control over enforcement.

"There's a point at which you can get so heavy on your regulation
that every patient becomes a grow operation for themselves, within
their own home, in multiplexes and in ways that we would have
absolutely no regulatory breach," she said.

Too many regulations can have a "balloon effect," she said. "You
squeeze it here, it very well might come out somewhere else where you
don't want it," Richards said.

She also asked commissioners not to overlook the revenue potential
that licensed, regulated dispensaries provide. Some municipalities,
such as Longmont in Boulder County, have voted to craft an ordinance
that bans all dispensaries, citing federal law that still recognizes
marijuana as an illegal substance.

What the county should seek to avoid, Richards said, is a scenario in
which thousands of patients around the county are growing plants
within their homes.

"The sense to me is that this is far better off to the public as a
regulated and upfront business than occurring in people's basements,
garages or spare rooms," Richards said.

On the question of whether the county should get involved in
background checks of those seeking a license for growing operations
or dispensaries, Commissioner Jack Hatfield agreed with most of his
cohorts that state agencies are better equipped and experienced.

"I don't think we want to get involved on that level," he said of
background investigations.

Hatfield said the county should not make its rules so restrictive
that growers find it hard to exist. He suggested that the county
could conduct a "special review" of operations that are located
within certain neighborhoods to ensure minimal impacts.

Commissioner Rob Ittner said he supports the state constitutional
amendment passed 11 years ago and said the county should honor its intent.

"We need to find ways to accept it here in Pitkin County and I don't
think we should go to the strength of the regulations in our
neighboring counties," he said.

However, Ittner acknowledged public concerns about issues such as a
potential rise in crime and the possibility of "backdoor sales" by growers.

"How are do make sure that they are not selling legally to their
dispensary and [also] selling illegally to the schoolyards?" Ittner asked.

Richards said dispensaries and growing sites shouldn't be singled out
as possible hotspots for crime.

"Crime is unfortunate in society on any number of levels," she said.
"When we all think back to the New Year's Eve bombing exploitation
that happened here a couple of years ago, it's because banks have
money in them.

"We're not moving to ban banks because they have become potential
targets for robberies," Richards explained. "There are a lot of
things that seem to be available for bad elements to exploit."

Commissioner George Newman said the county needs more feedback from
the public before embarking on a set of new regulations.