COUNTY TABLES MORATORIUM ON MARIJUANA CHANGES

A moratorium on changes of ownership for grandfathered operations and
location transfers for optional premises cultivation of medical
marijuana was imposed Tuesday in unincorporated Chaffee County.

Chaffee County Commissioners took the action during their regular
meeting in Buena Vista.

Commissioners earlier intended to establish criteria for transfers and
set fees for medical marijuana land use applications during the meeting.

Tracie Hulbert, a lawyer in Fairplay and attorney for Jeff McClane of
Salida, spoke about potential of newly establish criteria
"retroactively" impacting her client.

Commissioners agreed to table the issue until McClane's request for
transfer of operations is resolved.

"We have been going by what was in place until today," Hulbert said.
"Otherwise it appears that rules could have been made up to defeat my
client."

Jenny Davis, Chaffee County attorney, asked Hulbert, "What standards
are you expecting the board to apply because this is new legislation
and previously there were no standards?"

Hulbert said she didn't see lack of standards to be the fault of her
client and added, "I think that practically speaking, it is almost
impossible for my client to meet this criteria."

In a May 24 letter to commissioners, Hulbert said McClane's property
at 7618 CR 253 in Chaffee County was previously rented to Jan Nelson
for a cultivation operation.

The letter explained Nelson became delinquent in her rent and was
facing eviction.

Hulbert requested McClane be allowed to lease his property to a
currently licensed cultivation operation from within or outside the
county.

During a regular meeting of the commissioners on June 21, Don Reimer,
development services director for Chaffee County, was instructed by
commissioners to inspect McClane's property to determine if operations
had remained active.

Commissioners are set to make a decision on McClane's request during
their Aug. 2 meeting in Salida.

Under criteria being considered for transfers or changes in ownership,
applicants would need to apply for approval and pay applicable fees in
addition to demonstrating that "grandfathered" operations have
remained active, "with no cessation of activity."

Language of the resolution indicates commissioners may consider
establishing nonrefundable fees of $500 for transfer of operations or
changes in location and $250 for land use approval.

They would be in addition to the previously established $320 fee for
expansion of a nonconforming use.

As part of the resolution, the applicant would be responsible for
additional charges and costs incurred by the county.