OPT-OUT VOTE LEAVES MARIJUANA DISPENSARY OWNERS SCRAMBLING

A Delta City Council vote to opt out of medical marijuana dispensaries
came as a "big surprise" to Cody Magasich and John Thomas, co-owners
of Natural Green Solutions, Delta's only medical marijuana dispensary.

"Discussion" of medical marijuana was listed on the city council's
Dec. 21 agenda, but that discussion evolved from a timeline for
placing the issue before voters in April, to a unanimous vote to opt
out of the state law which permits the commercial growth,
manufacturing and sale of medical marijuana products.

Medical marijuana will continue to be available through primary
caregivers, as outlined in state statutes. Patients can also grow
their own medical marijuana.

Voters may still have a say in the matter, if Magasich and Thomas are
successful in petitioning the issue onto the April ballot. "The only
fair way to do it is to let the people vote," Magasich said after the
council meeting. They planned to immediately begin gathering
signatures on a petition, although Magasich said they may get off to a
slow start because of the holidays.

"It was perfect timing for them [the council] to do this to us," he
said. "We plan to be out of town with our families for the next couple
of weeks, so it will be a tight squeeze."

Magasich said he and Thomas were told the Dec. 21 discussion was to
center around the decision to place the matter on the April ballot.
They were not only surprised by the direction the discussion
ultimately took, they were also taken off guard by three individuals
who spoke out against medical marijuana dispensaries during the public
comment period -- individuals they say hadn't attended any of the five
previous meetings about medical marijuana.

Orval Proctor, who has owned a Main Street business since 1969, said a
proliferation of medical marijuana dispensaries is the worst thing
that could ever happen to Delta. "You have the power to stop it -- not
to put it to a vote, but to stop it," he told council members. "You
may try to regulate it, but you will not be able to control it."

His brother, Larry Proctor, echoed his comments. "You're not going to
stop it statewide, no, but you can stop it here."

Gerald Roberts, who supervises a Delta Correctional Center inmate crew
which works on county projects, said many of those inmates are in
prison because of drug and alcohol abuse issues. "They tell me
marijuana is simply a stepping stone for the harder stuff," Roberts
told council members. "I think you ought to ban them [dispensaries]
totally."

The Proctors mentioned the recent armed robbery of medical marijuana
in Grand Junction.

"That's actually what we're trying to prevent," Magasich said. "The
guys in Grand Junction were operating out of a house. That's what's
going to happen if you don't let us regulate the stuff. You can't stop
it -- it's already passed. What we're trying to do is regulate it. We
say why have a hundred grows when we can have one operation that's
regulated?"

Magasich acknowledged there are some negative aspects to his business,
but also pointed out the positive. With medical marijuana available
locally, Mexican drug cartels aren't taking money out of our economy
and back to Mexico. "We pay quite a bit of money in taxes, probably
enough to hire two-three teachers," he said. After the meeting he
pointed out that Natural Green Solutions and its customers contributed
$1,000 worth of toys, food and coats to the needy during the holidays.

"We are really trying," he said. "We want to be in this town and will
do everything in our power to stay in this town."

If that means filing a "takings" lawsuit against the City of Delta,
Magasich said he and Thomas will give that serious consideration.
"It's just one step at a time."

"It seemed like they [the council] were really discriminating against
us," he said Wednesday morning. "For the first time in five meetings,
three or four well-known people stood up and said some things. There
were 14-plus people at a public hearing in October, but a couple of
people say negative things and it has a big effect on council. I don't
think it was a fair decision."

City attorney Mike Schottelkotte was instructed to prepare an
ordinance for the city council to consider in January. He said he can
model it after a similar ordinance he prepared for the Town of Lake
City.

He also suggested an effective date of June 30, 2011, to allow Natural
Green Solutions the opportunity to reduce inventory and wind down
operations. An existing City of Delta moratorium and state licensing
regulations will prevent any other dispensaries from setting up shop
in the meantime.