PLAN WOULD BAN MEDICAL POT SHOPS FORT COLLINS

Sheriff, Former Mayor ADD Elbow Grease to Petition
Drive

Medical marijuana dispensaries and grow operations would be banned
from Fort Collins under an ordinance proposed by a group of city
residents that includes Larimer County Sheriff Justin Smith.

Supporters of the ban are expected to start collecting signatures for
petitions backing the proposal as soon as Friday, city officials say.

Proponents would have 60 days to gather the signatures of 4,214
registered Fort Collins voters to get the proposed ordinance before
the City Council. If the petitions are picked up Friday from the city
clerk's office, the deadline would be July 19.

The council could then adopt the ordinance or refer it to voters.
Supporters of the ban are requesting a special election in November.

While the Colorado Constitution allows the medicinal use of marijuana,
state law allows municipalities to ban medical marijuana businesses
from their jurisdictions. Loveland, Windsor and Greeley have banned
medical marijuana shops.

Fort Collins should do the same, said Ray Martinez, a former mayor and
retired police officer. Martinez is listed as a representative of the
petition effort in a document filed with the clerk's office.

Medical marijuana and the industry that has blossomed around it are
"ploys" toward legalizing the drug for recreational use, Martinez said.

"They're taking steps in that direction," he said. "What drug is next
that they want legalized? Where do you draw the line in the sand?"

Fort Collins has 21 licensed medical marijuana businesses. The City
Council in March approved an ordinance allowing existing businesses
that did not meet all of the city's zoning rules for marijuana
facilities to continue operating.

The city has spent a lot of time crafting regulations for marijuana
businesses that address concerns about the industry while respecting
the needs of patients, said Steve Ackerman, president of the Northern
Colorado Medical Marijuana Business Council.

Taking the issue to voters would be "a step back," he said. But if
voters approve the measure, the consumption of medical marijuana in
the city is not likely to go down.

Without access to legitimate marijuana shops, patients would be forced
to go to the streets to get their medicine, which would be
"unregulated, unlicensed and untaxed," Ackerman said.

"It would be just like it was before," he said. "I think it's really
unfortunate it has come to this."

The proposed ordinance would prohibit "medical marijuana centers,
optional premises cultivation operations and medical-marijuana-infused
product manufacturing" in the city.

A notice to circulate petitions was filed last week with the city
clerk's office. Petition representatives on the notice were Martinez,
Smith, Jean Troxell, wife of City Councilmember Wade Troxell, and
Joshua Ritter, a deputy district attorney.

Smith said he decided to get involved in the issue after talking with
local residents and hearing their concerns about the impact of
marijuana use on the community.

There's a "very gray line at best" between marijuana operations that
produce medicine for local patients and those that grow for the black
market and distribution in other states, he said.

Smith said he hopes the issue reaches the ballot so the public can
have a say in whether medical marijuana is allowed in the community.

"Win, lose or draw, at least that voice will be heard," he
said.

Martinez said whatever medical benefits come from marijuana can be
obtained through legally available pharmaceuticals, such as Miranol.

If marijuana is a medicine, it should be federally regulated and
prescribed like other medications, he said.

Marijuana's primary use is for getting "high," he said. Having medical
marijuana readily available in Fort Collins when it is banned
elsewhere is not good for the city's image.

Martinez said he expects the petition drive will be successful and
voters will support the proposal.

"My gut feeling is that many people are concerned about this and are
really disappointed our community has gone that direction," he said.

Ackerman said marijuana is a legitimate alternative for patients who
do not want to use pharmaceuticals to treat conditions such as chronic
pain and the side effects of chemotherapy.

Patients have told him Miranol, which uses a synthetic version of THC,
the active ingredient in marijuana, is not effective, he said.

Marijuana business owners are prepared to fight the proposal, Ackerman
said, but realize it could be a difficult battle.

Voters have approved bans of medical marijuana businesses in Loveland,
Windsor and Grand Junction.

"We're a different community than those communities -- I think we're
more enlightened here," he said. "I think people understand medical
marijuana is something that is going to be around and they accept it."