BOULDER SNIFFS OUT PROBLEM WITH MEDICAL MARIJUANA ODORS

City Receiving Complaints About Lingering Smells

The unmistakable and sometimes overwhelming bouquet of marijuana has
prompted a handful of Boulder residents and businesses to complain
about the smell radiating from some dispensaries and greenhouses in the city.

City officials say it's a problem that's only expected to get worse
with time and has already driven some neighboring businesses to move.

Boulder code-enforcement officers are now investigating at least
seven complaints about wafting smells of marijuana. Under a rule
approved last year by the City Council, dispensaries and growing
operations are required to keep the musk of the plant contained to
their business, or face fines of up to $1,000.

A recent memo on the topic sent to the council indicates the
complaints are based on "strong marijuana odors, both from smoking
and the odor emitted from plants."

The complaints have come from tenants in buildings where marijuana is
being grown or smoked, as well as from "businesses and travelers near
cultivation facilities where the odor is noticeable, even if the
exact location of the cultivation facility is unknown."

The memo goes on to say that at least two other businesses have
"relocated because of the odor from a neighboring medical marijuana business."

Sarah Huntley, a city spokeswoman, said Monday that the names of
those businesses were not immediately available.

She said the city is highly motivated to work with the owners of
medical marijuana businesses to make sure they -- like all businesses
- -- follow the rules for their industry. She said odor violations are
just one of the regulatory challenges as the industry grows, but
fixing it is important because it's "certainly one of the impacts the
community may notice more."

The city, however, has limited options when it comes to regulating
unwanted odors.

If the smell is coming from a private residence or from medical
marijuana patients who are growing six or fewer plants -- the city's
threshold for being labeled a marijuana business -- there is nothing
the city can do about it.

If the smell is coming from patients smoking the drug inside a
dispensary, police could issue tickets under the rules that prohibit
smoking the plant at marijuana centers.

The city's code requires medical marijuana businesses to have proper
ventilation, so that the odor of the plant "cannot be detected by a
person with a normal sense of smell" outside the building. Otherwise,
the city can fine the owner until the problem is fixed.

To help track such violations, the city is developing a central
reporting system for city departments to use. The database will be
used to assess how well businesses have followed the rules when their
licenses are up for renewal.

Brad Melshenker, owner of The Greenest Green dispensary, 2034 Pearl
St., said controlling the smell of his products is a daily challenge.

"It's a strong-smelling plant," he said. "The flower is really
strong, certain strains smell more than others. I like to think the
more potent the medicine, the stronger the smell."

Melshenker said some people have complained about the odor from his
shop. But he said he's working to fix it.

"We put a carbon filter in the room where we weigh everything," he
said. "We are in the middle of pulling permits for another
ventilation system because we have had complaints. We are doing
everything in our power to get control of it."

Luisa Sullivan owns the Davanti Cycling Coaching Center, a sports
training center located about 30 feet away from the Greenest Green.
She said she often gets a whiff of the plant from across the parking lot.

"It depends on the wind," she said with a laugh.

Sullivan said the odor is not consistently a problem, but she'd still
like to see the city better enforce the no-smell rule.

Nick Cokas, owner of the Colorado Care dispensary at 2850 Iris Ave.,
said the amount of odor generated by a dispensary has a lot to do
with the way it does business. If the drug is pre-packaged, he said,
there's hardly an odor at all. But when dispensaries do inventory,
opening up all the containers can produce a pretty strong smell.

Cokas said the city's anti-odor rules are fair, and that containing
the odor is just part of doing business. But he said working with
neighbors is key to knowing when there's a problem.

"We've been really good with the neighbors, telling them, 'If you
have a problem, come tell us," he said. "Having that relationship is key."

But, he added, it's not like other businesses don't let the odor of
their products linger.

"This morning, I'm sitting here smelling burgers," he said.