Council sifts through possible medical marijuana regulations

Taking baby steps…

The process of determining how to regulate medical marijuana dispensaries in Crested Butte is continuing. A draft ordinance was presented to the Town Council on Monday; the council, along with the public, made comments for the staff to consider in coming up with a final ordinance.

Town attorney John Belkin crafted the preliminary document based on similar ordinances from other towns that regulate such dispensaries. “It is an ordinance to start discussion,” he said. “It isn’t close to being done.”
The initial proposal calls for allowing no more than three dispensaries in the commercial zone of Crested Butte. Among other things, the businesses would not be allowed to be located within 500 feet of a school or licensed child-care facility. The council also wanted language to provide a buffer between dispensaries and parks, including the skate park located at the west end of the C-zone. The establishments would have to pay a $1,000 application fee along with sales tax. The council wants to limit dispensaries’ business hours from about 9 a.m. to 7 p.m. Proper ventilation would have to be installed to filter out the odors of marijuana. The dispensaries could not be located directly next door to residences. Signs would be required to include the word “medical.”
The council was adamant about allowing dispensaries that functioned as wellness centers, as opposed to something akin to a “head shop.”
“We want to allow a medical dispensary,” said councilperson Margot Levy, who was fine with the $1,000 permit fee as long as it covered town administrative costs. “But we don’t want a head shop.”
Councilperson Reed Betz saw the dispensaries as an opportunity to bring a new business to town. “I want it to be a classy operation,” he said. “It should be something we can be proud of. It should be nothing like a head shop. They shouldn’t be selling marijuana t-shirts or stickers or whatever. I don’t want them selling paraphernalia. That sort of sale should be two separate entities.”
Levy said some paraphernalia might be necessary to accommodate the medicinal use.
The council felt comfortable with the paraphernalia such as pipes being limited and controlled.
“I don’t want to give a kid any reason to want to go in there and look for something to buy,” added councilperson Dan Escalante.
Chief marshal Tom Martin said the proposed ordinance bans paraphernalia from being visible from the outside. It also requires all products to be sealed or locked in a cabinet except when being accessed for distribution.
Councilperson Leah Williams suggested all signage and advertising be restricted to make sure the medicinal aspect was emphasized.
The council stressed that the distribution centers should be restricted to people who need the medical marijuana.
Betz asked if the ordinance could include some energy efficiency language to ensure the businesses followed the town’s energy action plan, especially if the dispensaries included grow operations. He suggested the business be required to purchase carbon offset credits.
Escalante said making such requirements would open a can of worms for other businesses. “Restaurants might be using more energy. Should we put strict requirements on them as well?” he asked.
“Is it even enforceable?” asked Levy.
The town staff said they would research the idea.
The public chimed in with thoughts as well. John Wirsing said he’s heard from current business owners who sell herbs as part of wellness operations in town and they want to perhaps be able to sell medical marijuana as part of their current business. “But if it’s not located in the C-zone it could have a negative impact on them,” he said.
Mayor Alan Bernholtz said he understood the concern but the council was taking a proactive but cautious approach. “We are easing into this and I think we need to take baby steps,” he said.
Councilperson Skip Berkshire said he wasn’t “wedded to restricting dispensaries in the C-zone, but the growing aspect belongs there.”
William Miller, who owns a dispensary in Aspen, said under the Colorado law, people can grow their own medicinal marijuana if they have a license. He said people could grow 20 or 30 plants in a 10 x 10 room so to restrict growing to the C-zone would be prohibitive.
Martin said there were already people legally growing medical marijuana in other zones in town.
Resident Alex Theaker told the council he felt the dispensaries could add business to Crested Butte. He said regulating them to instill a wellness center feel was a good idea. He also said the council should prioritize local businesses over those coming in from the outside.
John Penn of the Crested Butte Tobacconist said new competition could put his existing business under. “I sell vaporizers and every one lost could put me out of business,” he explained. “I think the dispensaries should be owned and operated locally. We’re not Aspen. It should be a community business.”
Town manager Susan Parker said the staff was trying to take into consideration all comments and craft an ordinance that fits Crested Butte. A revised draft ordinance will be presented to the council at its next meeting on November 2.