COUNTY WILL ADOPT PERMANENT MARIJUANA REGULATIONS IN MARCH

El Paso County's temporary land use regulations for medical marijuana
businesses will remain in place until March 1, when a new licensing
policy and modified zoning regulations will take effect, assistant
county attorney Lori Seago said Wednesday.

County commissioners in June extended the temporary regulations for
"at least six months," which would be this month, or until the board
approves "a local regulatory and/or licensing program, which may
include associated land development code amendments," according to
the resolution approving the extension.

The local medical marijuana industry has mushroomed in the past 18
months. Leaders of Colorado cities and counties have the authority to
regulate medical marijuana businesses, but they've been constrained
by state regulations, which are still being created around new laws
the General Assembly passed earlier this year.

El Paso County became one of the first local jurisdictions to adopt
temporary zoning regulations, on Dec. 17, 2009. Those expired in
June, and the new clauses were added with the extension.

In August, commissioners decided to let voters decide whether to ban
medical marijuana businesses in unincorporated areas of the county.
The idea was that voters would have a clear idea of what the
regulatory alternative to a ban would look like, Seago said.

The date of March 1 was chosen for permanent regulations, she said,
because the county cannot begin licensing medical marijuana
facilities until the state adopts its regulations.

"It was our best guess as to when that might occur," Seago said.

The Department of Revenue in January will begin proposing regulations
on everything from labeling and packaging to video surveillance
monitoring and transit to the state licensing authority, Matt Cook,
senior director of enforcement for the Colorado Department of
Revenue, said last week while in Colorado Springs. Those regulations
could be enacted as early as March 1 and as late as July 1, he said.

Current county rules include a required temporary use approval from
the Development Services Department; limits on where a medical
marijuana business can be located, including a 500-foot buffer from
certain buildings such as schools; proof of a sales tax license;
limits on hours of operation from 8 a.m. to 8 p.m.; and signage requirements.

Under the permanent rules, businesses also will have to obtain a
license to operate from the county, along with compliance with state
licensing laws.

"It will be similar to liquor licensing," Seago said.

Commissioners have not yet set fees for county licenses for medical
marijuana businesses, she said.

Commissioners also could adopt additional or different rules to
comply with new state regulations.

El Paso Commission Vice Chair Amy Lathen said the county's temporary
regulations were written to be fairly comprehensive.

"With a few possible adjustments, I believe they are a good
foundation," she said,

adding that she expects the board to make some revisions in upcoming
months. "We must be cognizant of the differences which still exist on
this issue and mindful that no mandate was established by the outcome
of the election," Lathen said.

The ballot question asking voters to ban medical marijuana businesses
in unincorporated El Paso County failed by less than half a percent
in the Nov. 2 election.

A lawsuit filed by industry proponents prior to the election,
claiming the ballot issue was illegal, remains in litigation, Seago
said, despite voter rejection of the proposed ban.

IN COLORADO SPRINGS

The Colorado Springs City Council will discuss stricter zoning
regulations for medical marijuana-related businesses, as recommended
by the city's Planning Commission, at its informal Dec. 13 meeting.
City Council could vote on the proposed changes on first reading Dec. 14.