Crested Butte continues cautious approach to medical marijuana issue

 Council will revisit ordinance later this year

The Crested Butte Town Council is in agreement to stay on the slow, deliberate path with its medical marijuana ordinance. The five businesses currently going through the application process should find out Friday if the town will grant them a permit.

In a presentation by town attorney John Belkin at a special meeting Monday, the council was advised to begin pondering what direction to take with the town’s regulations now that a new state law is on the verge of coming into effect. The council voiced a desire to see how the current town ordinance plays out and how the state law evolves. Council members plan to begin discussions about how to amend the current ordinance in late August.
Belkin gave an overview of the new state law and how it could affect the town’s rules. He indicated that under state law, dispensaries will be required to get a so-called Colorado “Medical Marijuana Center” license. Belkin said that essentially will accommodate the commercial sale of marijuana. “The state legislature essentially decided to license the commercial sale of marijuana,” Belkin said. “It is similar to liquor licenses with a duel licensing scheme with both the town and state having to issue permits.”
Belkin went over many of the similarities between the state law and the Crested Butte ordinance. The zoning, hours of operation, and prohibition of on-site consumption all mirrored the town’s rules.
Belkin did say the state was ready to issue three types of licenses. One would regulate Medical Marijuana Centers, the second would regulate grow facilities and the third would regulate “infused products manufacturing facilities” where things like food with marijuana and tinctures are produced. “The logic is if you allow the first, you probably should allow the second and third, given other state regulations like having to have 70 percent of the marijuana product sold in a center produced by the same owners,” Belkin explained. “It’s all about basically legalizing it but controlling it. I think you should expect further rule-making from the Colorado Department of Revenue.
“It sounds like a lot of stuff but ultimately the council needs to make a decision on whether or not to license Medical Marijuana Centers and its offshoots,” Belkin continued. “The council can do it or the council can ask the voters to do it or the voters can bring an initiative on their own to the ballot. It’s an important decision.”
Councilperson John Wirsing pointed out that the state regulations seem to change quickly. “Every month it seems there is something new,” he said.
“The Crested Butte ordinance works pretty well but there will be needed changes,” Belkin said. “The bill raises more questions than answers but the answers will come with time.”
Councilperson Jim Schmidt said he has lived in Crested Butte for decades and could guess with some accuracy how a vote on the issue would go. “I don’t think we need to send this to the voters for approval. I think we all know a referendum would pass so I would rather see us proceed and not spend the money or time on an election. The other advantage of having the council deal with it is that any changes would be easier to make.” Schmidt also advocated allowing grow centers as well as Medical Marijuana Centers in town.
Chief Marshal Tom Martin said that he too believed the state law would evolve over the next several months. “It’s a wait-and-see situation at this time,” he said.
“It’s a new game for all of us,” agreed Mayor Leah Williams.
Richard Haley of Western Holistics asked the council to look again at the current application process. “We represent about 100 patients and you should take their needs and patients’ rights into consideration,” he said. His group did not apply for a Crested Butte dispensary permit. “Our patients need medicine and we may not be able to provide that under the current state regulations.”
Other medical marijuana advocates asked the council to open up the town to medical marijuana dispensaries. Ben Patrick pointed out the moratoriums enacted in the surrounding counties and said Crested Butte should be more business-friendly. Mike Engle of the Crested Butte Wellness Center said he had family moving to town to run a dispensary and wanted to be an asset to the community but was hoping things would move faster in the permit process. John Penn of the Tobacconist said he was concerned with out-of-town people coming in to open medical marijuana centers and taking business away from established locals. “Have you thought about asking the voters to just decriminalize it like Breckenridge?” he asked.
Williams promised the council would revisit the town ordinance in the fall. Town manager Susan Parker said the staff would have suggestions on how to make the process smoother.
“The staff has been cautious and it has taken some time but that has been smart,” said Belkin.
Parker is expected to rule on the applications in the system by this Friday, June 18.
The state law becomes effective July 1.