BRECKENRIDGE ALLOWS POT SHOP TO STAY DOWNTOWN

Town Council Members Allowed a Dispensary to Move to New Downtown
Location

BRECKENRIDGE - One Breckenridge medical marijuana dispensary was given
a second chance this week when the town council overturned a previous
vote not to allow Man Medicine, LLC to reopen downtown after its
current Main Street landlord decided not to renew the lease.

The council's decision makes an exception to an ordinance requiring
existing dispensaries that need to change locations to move off Main
Street, in order to keep their operating permits under the current
town dispensary moratorium.

The dispensary owner, Frank Torrealba, said he was unable to find a
new location anywhere outside downtown and would have to shut down if
the exception were not granted.

"I don't think we want to put anyone out of business in this town
knowingly," Councilman Jeffrey Bergeron said prior to the vote Tuesday
night.

Torrealba agreed not to put up any signs around the dispensary's new
location and to put in a staircase to a back entrance so customers
would not enter the dispensary from the street.

"The signage piece is a big deal for me," Councilman Eric Mamula said
at the meeting. "That's the part that affects our guests."

Medicine Man currently operates in a second-story suite on Ski Hill
Road and Main Street and does have an outdoor sign.

The dispensary moratorium went into effect last year, allowing
Breckenridge's seven dispensaries to stay open, but preventing new
dispensaries from getting permits. Under an ordinance passed several
years ago, Breckenridge generally does not allow medical marijuana
centers in first-floor locations in the downtown area or around
schools or neighborhoods.

Medicine Man's current landlord said he decided not to renew the lease
after it ended Jan. 31 because other tenants in the building
complained about the smell. Torrealba told the council odor won't be a
problem in his new location, where the dispensary will occupy the
entire top floor.

The topic was a sensitive one, as that same night, the town council
passed an ordinance prohibiting the smell of marijuana from being
perceptible outside private homes where it is grown.

"Fresh marijuana smells a lot stronger than the jarred marijuana we
have," Torrealba said Tuesday. "We're not doing any growing there."

In November, Breckenridge extended the moratorium on new marijuana
dispensaries through July.

State law allows local governments to issue licenses for medical
marijuana centers, growing facilities and the sale of marijuana
infused foods. With new legislators in both state houses, amendments
could be made to the law during the 2011 legislative session. Final
regulations from the Colorado Department of Revenue are also pending.

The state law does allow for and regulate dispensary location transfers.