CB Council advised to close MMJ dispensaries

 “We knew we were pushing the envelope…”

Upon the advice of the town attorney, the Crested Butte Town Council will seriously consider slamming on the brakes when it comes to medical marijuana in town. At its June 6 meeting, the council will discuss letting current medical marijuana dispensary permits lapse without renewal and opting out of allowing MMJ dispensaries in Crested Butte.

“When the Town Council adopted the [MMJ] Ordinance, it did so with full knowledge that all such marijuana related activities were, and would continue to be, absent a change in federal controlled substance laws, a crime,” town attorney John Belkin wrote the council in a memo.
Belkin said in the wake of recent letters sent by the Colorado Attorney General and U.S. Attorney to the governor and state legislators, “It is my strong recommendation that, at this juncture, the Town Council not amend the code to allow for renewals of existing Permits…”
Belkin warned the council that the feds could withhold money from the town in the future and even consider the elected Town Council members and the town staff complicit in breaking federal law. “In sum, the risks, in my view, are too great for the Town to continue to occupy this field…” Belkin wrote.
After a lengthy closed-door executive session on Monday night, Belkin again laid it out for the council.
“My biggest concern is the unknown,” he told the council. “Whenever the U.S. Attorney sends a warning letter like this one to the state officials, it sends a message and it is an unknown. I recommend you let the permits lapse.”
“The legislature hasn’t responded to these letters,” pointed out mayor Leah Williams. “We have no clue if the state plans on making changes.”
“It is hard to say which way it will go,” said Belkin. “But the good news, if there is any good news, is that we have contemplated this situation from the beginning of drawing up the town’s ordinance.”
“We knew we were pushing the envelope,” said Williams. “We were under the understanding that we wouldn’t be prosecuted for this but it appears that may have changed. The Town Council and the town staff are open to prosecution.”
“It is possible but it’s not likely,” said Belkin. “But it is possible.”
Councilperson Jim Schmidt asked Belkin and town manager Susan Parker to gather more information about what the state is officially doing as a result of the warning letter from the feds and how other communities with MMJ dispensaries are handling the situation. “The letter from U.S. Attorney John Walsh states that the Justice Department won’t focus its resources on seriously ill individuals who use marijuana, and that was the intent when we set up the town’s medical marijuana permit system. Some people say it has been a sham but the intent was to provide a service to seriously ill people. I would prefer we allow permit extensions until we see what the state does,” said Schmidt.
But Schmidt was the only councilmember to voice that opinion. “The letter says the feds won’t go after patients,” said councilperson John Wirsing. “They can grow marijuana themselves or get it through a caregiver. The benefit of letting the dispensary permits lapse is to let the town staff and us as council members out of harm’s way.”
“You aren’t immune like the people who can stand behind a card,” said Belkin. “Federal law makes it illegal to conspire to commit, aid and abet a violation of the Federal Controlled Substances Act.”
“It’s tough,” admitted councilmember Roland Mason. “I don’t feel I want to put the staff in a position to potentially be prosecuted.”
“Or yourself,” added Wirsing.
“I can make my own decision but the staff is living not by their choice but by our vote,” responded Mason. “I say let it lapse. Let’s put the issue on the June 6 agenda to discuss it but I don’t feel I need any more information.”
“I think we need to let it lapse as well,” said Williams.
“I honestly don’t know at this second,” said councilperson Reed Betz. “Let’s look at it in two weeks. But I’m certainly not comfortable putting the town staff or elected officials or the community at risk.”
“The likelihood is slim but it is there,” said Belkin.
Council members Dan Escalante and Phoebe Wilson were not at the meeting Monday evening.
“If we let it lapse, what notice provision is there for the current dispensaries?” asked Mason.
“They would be in violation of town zoning,” said Belkin. “It isn’t easy but we are on good legal grounds. Nevertheless I bet you can expect it to be an interesting discussion and you can expect to hear some threats.”
Parker said the staff would gather needed information and timelines to allow both for the permits to lapse and for them to be extended. “We’ll be prepared for whichever way you decide to go,” she told the council.
The council will discuss the issue at the next meeting on June 6. Depending on their decision, they may need an extra meeting in June to meet state timelines for MMJ regulations.