Town warned to be cautious with new MMJ regulations

Feds warn that marijuana is illegal—medical or not

It appears the Crested Butte Town Council won’t slam on the brakes, but they will tap them in terms of the town’s medical marijuana (MMJ) ordinance. Town attorney John Belkin provided the council Monday with recent letters from the U.S. Justice Department and Colorado Attorney General John Suthers that made it clear the feds still consider marijuana an illegal substance. This raised a red flag for the council members, but they cautiously said they had no plans to back away from allowing dispensaries in town.

In a letter to Suthers, U.S. Attorney John Walsh wrote, “…while the department does not focus its limited resources on seriously ill individuals who use marijuana as part of a medically recommended treatment regimen in compliance with state law… we maintain the authority to enforce the CSA (Controlled Substances Act) vigorously against individuals and organizations that participate in unlawful manufacturing and distribution actively involving marijuana, even if such activities are permitted under state law…”
“I think you need to know that the policy is evolving and the pendulum seems to be moving in the other direction right now,” Belkin told the council. “A lot of town attorneys have commented after hearing this that they are glad their communities stayed out of it.”
“I don’t think the town necessarily has any liability,” he continued, “but there could be issues down the road, especially if the town is receiving federal funds. You guys should be thinking about this.”
Belkin re-emphasized a point he has made before over the last 18 months during town MMJ discussions. “You need to understand; this stuff is illegal under federal law, despite the state constitution,” he said. “The feds could come in tomorrow and people leasing to these dispensaries could lose their property. Some people could end up in jail. I doubt that will happen any time soon, but it is real.”
Belkin hypothesized that the shift in attitude was as much based in politics as anything. “As the government shifts a bit more to the right, you are seeing some pushback. It’s getting more conservative.”
“It will be interesting to see how other communities react. I wouldn’t say we need to reverse gears but I wouldn’t want to push it too much further ahead, either,” he said.
Acting town manager Bob Gillie said the council was coming up to a decision point. The deadline to extend the current MMJ permits is approaching this summer. “The town can step out now by not approving any renewals,” he said, “or you don’t have to expand the permits. The council is coming to a decision point soon. The staff is focusing on renewals for the existing operations. We can see where it goes from here.”
“I definitely don’t see any value in backing up,” stated councilperson Phoebe Wilson. “The federal government might seem like it’s shifting to a more conservative politics, but society in general is going the other way. It’s everywhere. I don’t see a big crackdown in the future. The whole issue is becoming laissez-faire. It will take time but in the big picture, society on this issue is going toward liberalization. I don’t want to back up now.”
“I don’t think the council wants to back down but I think we should be watching this closely,” said mayor pro tem Dan Escalante.
“After seeing these letters, I think sticking with extending the current licenses might be the way to go,” added councilperson Jim Schmidt.
“The federal law states that it is illegal. Just remember that,” cautioned Belkin.