Medical marijuana dispensaries okayed by Town Council

It will still take a while…

As of January 1, Crested Butte will join Colorado municipalities such as Aspen, Breckenridge and Carbondale that allow medical marijuana dispensaries to do business inside the town limits. The Crested Butte Town Council and staff have worked for several months to craft an ordinance and the council approved the document at their meeting on December 21. Given the requirements in the ordinance, it will likely be at least May before a dispensary is actually opened in town.

A lottery will be held and no more than five permits will be issued. The town will start accepting applications in February and then the staff will conduct a thorough review of the detailed applications. The dispensaries are limited to the commercial district of the town. Grow operations are prohibited. There is a one-year sunset provision to the ordinance in order to give the town an opportunity to evaluate the dispensaries next year.
At the council meeting, Town Attorney John Belkin again explained that the Crested Butte ordinance is a composite of ideas taken from other communities that have allowed such dispensaries. “I think we have taken the best parts from other towns and added our own language to make this a good ordinance,” said Belkin. “But this is still something new. It gives us a chance to take a test drive.”
Councilperson Dan Escalante admitted being a “little nervous about the whole issue,” saying, “It is a hot topic at the state and national level. Everything could change in four months. Are we wasting time? Should we instead put on a moratorium until it all settles at the other levels?”
Belkin said he was comfortable with the proposed ordinance. “I think we can put something in place. We have allowed a lot of time for review and I want to give the staff appropriate time to look at the applications. It sounds like a six-month process is a long time but it’s not.
“It’s still kind of edgy,” Belkin continued. “But what’s before the state legislature is in line with what the town is doing.”
Mayor Leah Williams agreed. “This is new ground for us,” she said. “We’ve asked the staff to take extra precautions. It’s the price you pay when you plow new ground.”
Tobacconist owner John Penn again stated that allowing five dispensaries that could sell some paraphernalia could put his store out of business.
Councilperson Reed Betz felt the town was making it too difficult for a dispensary to succeed. “We all agree we want operations we can be proud of. Classy operations,” he said. “But I’m questioning the reality behind it with all the things and time needed in this ordinance. It seems really hard for someone to make this happen.”
Town Manager Susan Parker said any business takes a risk and certain businesses are subject to more review than others. “Ask Phoebe about her process,” she said in reference to councilperson Phoebe Wilson who owns the Dogwood Cocktail Cabin. “She had to go through BOZAR, the health department, the fire district and get a liquor license. It’s not much more than what Phoebe went through.”
Wilson reaffirmed that train of thought. “There is an assumed risk but this ordinance also makes it clear that those applying for one of the permits understand the risk and responsibility.”
Williams said the council also wanted to ensure the protection of families and residents in town and make sure it was a good, viable business getting the permits.
Parker reassured the council that if something in the ordinance doesn’t work well, they could change it at a later date.
Councilperson Jim Schmidt said he thought it was a “good, cautious ordinance. We will learn more and can adapt as the state makes changes,” he said. “The one-year sunset provision is a good idea. It is a touchy subject but I think we should go ahead with it.”
At the request of Brooke Harless of the Gunnison County Substance Abuse Prevention Project, the staff will look into adding a surcharge to the sale of medical marijuana. The funds raised would be earmarked to go toward treating area youth who might need help with drug and alcohol treatment.
With the exception of councilperson John Wirsing, the Town Council voted to approved the ordinance allowing medical marijuana dispensaries in the town’s “C” zone.
Wirsing said he voted against the ordinance because he felt it was the “wrong way to get marijuana legalized. Three months ago there were 47 people in the valley with medical marijuana cards that would allow them to purchase medical marijuana. Now, everyone has one. I have argued that legalizing it outright is better than doing it this way. Doing it in this roundabout way doesn’t help anyone.”
So far, about 10 people have expressed a preliminary interest in obtaining a permit to open a dispensary in Crested Butte.