CB Council considers loosening MMJ regs

Tension in the council chambers

The issue of local medical marijuana dispensaries permeated the January 3 Crested Butte council meeting Monday evening. In the end, the council agreed to at least consider making a few changes to the current town ordinance regulating MMJ. The council will consider loosening up restrictions in permit transfers and consider allowing more than the current three dispensaries that are operating in town.
Some members of the public were upset that town hasn’t cracked down on what they saw as a violation of state law. One Crested Butte dispensary is owned by an out-of-state resident. “Medical marijuana is a touchy issue so the town should be doing everything strictly by the letter of the law,” suggested longtime resident Michael Willingham.

In fact, the owner of the Crested Butte Wellness Center recently approached the council about making MMJ permit transfers allowed so he and his partner, a Colorado resident, could come into compliance with state regulations.
“When people hear that technically a dispensary isn’t legal, it makes it shady,” Willingham said. “I support MMJ in Crested Butte and want to support a local business run by locals.”
Richard Haley of Western Holistics said he didn’t understand why the Town Council “didn’t think the free market system was good enough for this community.” He was referring to the town ordinance that limited the number of applications for MMJ dispensaries to five and strictly placed limits on the application timing.
“We had our ordinance in place before the state regulations,” explained mayor Leah Williams. “The state law is changing quickly and when things are finalized with the state, we’ll look at our ordinance and how it impacts the public. That could be as soon as March.”
Haley expressed frustration that he had asked for the ordinance to be amended last year but the council refused. He felt the council considering changes to MMJ permit transfers was a slight to his business and showed favoritism to the Wellness Center.
Scott Gilman of Cement Creek Welding said he has been doing work for Western Holistics and reiterated that he felt one of Crested Butte’s three dispensaries was operating illegally.
“Every day they are open it is illegal. How can they do that?” he asked.
Williams said the town doesn’t enforce state law. “So we can break the law and the marshals won’t enforce it if it is a state law?” Gilman asked.
Councilperson Jim Schmidt told the MMJ advocates they were “treading on thin ice” with such arguments. “Look,” he said, “the fact is that the federal government considers all of this illegal. I’d ask you to tone down your rhetoric.”
Still, Schmidt voiced the opinion he’d like to open up the local MMJ ordinance even more. “We probably made some mistakes when we crafted this ordinance but we were heading down an unknown path,” Schmidt said. “I think we should get rid of the five permit limit or at least see if we can allow the other two slots that aren’t being used to be filled sooner rather than later.”
“This council keeps saying it wants to support local businesses and here is a business that is a member of the Chamber of Commerce and you won’t help it,” said Gilman.
“I don’t understand why you guys are arguing with the only town in Gunnison County that even remotely allows this,” said a clearly frustrated Councilperson Roland Mason. “I’m sick of the argument. We are a government body and we are trying to move ahead and you guys are always pointing a finger at us. Go talk to the county. I could see changing my mind the more I hear your arguments.”
“That’s a threat,” responded Gilman.
“It’s not a threat,” said Mason. “I’m just sick of the arguments.”
Gilman, Willingham and Haley all took offense at Mason’s comments.
Town attorney John Belkin was not at the meeting but will be asked to look at amending the current ordinance to loosen it up even before all the state regulations are put in place. The MMJ discussion will continue at the January 18 meeting.