As of two days ago, medical marijuana dispensaries planning to set up legally under state law will, for the next four and a half months, be illegal if they set up shop in the unincorporated areas of Delta County.

The Board of County Commissioners on Monday adopted an emergency resolution placing a temporary moratorium on establishment of the dispensary facilities.

The emergency resolution took effect immediately upon adoption.

In adopting the resolution, the Delta County Commissioners have joined a growing list of local governments around Colorado and in the county calling a halt to the unregulated spread of medical marijuana distribution points.

A Colorado Constitutional amendment approved by voters in 2000 provided for the statewide legalization of marijuana used for medical reasons.

All marijuana remains illegal under federal law. But an announcement earlier this year that prosecution for marijuana offenses would not be a priority enforcement issue with federal authorities has led to the recent explosion of new medical marijuana dispensaries opening up shop all over the state.

The BoCC voted 3-0 in favor of the temporary moratorium that will expire on March 31, 2010.

Like other communities, the county wants time to study the 2000 voter-approved amendment and the sometimes vague and incomplete regulations of medical marijuana that have been established by the Colorado Department of Health and Environment (CDPHE)

Some of those regulations are so open-ended that the CDPHE does not track, license, nor regulate medical marijuana dispensaries.

The CDPHE states the situation on its website, “The Colorado Medical Marijuana amendment, statutes, and regulations are silent on the issue of dispensaries. While the (CDPHE Medical Marijuana) Registry is aware that a number of such businesses have been established across the state, we do not have a formal relationship with them.

“Please be aware: The Registry does not license dispensaries. The Registry does not have a list of dispensaries. There are no regulations regarding dispensaries. The Registry is unable to assist with complaints regarding dispensaries. The Registry has no information on how to establish/operate a dispensary.

“There may be local ordinances that might impact the operation of a dispensary. Please contact local authorities for specific information.”

Two of the county’s specific concerns were spelled out by county attorney Brad Kolman at the commissioners’ Nov. 16 meeting.

The first one is that people who grow medical marijuana either for their own use or for supplying “patients” are not regulated. Delta County Sheriff Fred McKee said that local law enforcement agencies are aware of a number of locations where medical marijuana is being cultivated in Delta County now.

The county’s second concern with medical marijuana dispensaries that are not designated as “primary caregivers” for approved medical marijuana patients. In other words, if such dispensaries are not designated at primary caregivers for specific approved patients, then what are they dispensing and to whom?

Closely related to those two county concerns is another one that will be getting a lot of attention: Are the county’s Specific Development Regulations sufficient as currently written to regulate medical marijuana dispensaries and medical marijuana growers as businesses?

If dispensaries are classified as home-based businesses then they are exempt from county Specific Development Regulation. If medical marijuana growers are classified as agriculture operations they too would be exempt.

The overall intent of the county resolution is to allow time “to consider the adoption of appropriate county regulations” with respect to medical marijuana dispensaries.

The resolution also states the following points:

• The county will suffer “irreparable harm” if the temporary moratorium is not adopted because there are not currently any regulations specifically pertaining to medical marijuana distribution businesses.

• The temporary moratorium “will not unfairly prejudice” anyone desiring to open a medical marijuana distribution operation.

• The Delta County Sheriff supports the imposition of the temporary moratorium.

• The resolution directs the sheriff to work in concert with the county attorney and staff to review the legal authority available for regulating medical marijuana distribution operations.

• The county will also evaluate “the possible community impacts” that could arise from a medical marijuana distribution operation “in a location or in such a manner that would be out of character with the community and which would negatively affect the cultural, environmental, and neighborhood areas of the county, and potentially present issues related to crime or the potential of crime.”

Kolman said the resolution was modeled after one adopted by the commissioners in Grand County.

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written by solar_satellite , November 19, 2009

The Delta County Board of County Commissioners has set its imprimatur on a blatant lie: it is manifestly false that "The county will suffer “irreparable harm” if the temporary moratorium is not adopted" -- dispensaries operate much like pharmacies; they are unobtrusive and inoffensive businesses which do not foster crime and contribute substantial sales and property taxes to State and local coffers. Delta County has already had over nine years to study the Medicinal Cannabis Amendment, now Article XVIII, Section 14 of Colorado's Constitution, so no useful purpose is served in enacting a moratorium anyway. Your regressive government has gone on record as opposing the Constitution -- now comply with it!

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