Changing tune from county on regulation of marijuana

Commissioners laying out path to explore local control

The Gunnison County Commissioners appear to be changing their tunes when it comes to the commercial sale, cultivation, manufacturing, and testing of recreational marijuana and marijuana products in unincorporated Gunnison County. On Tuesday, August 6, they held off on passing an ordinance that would prohibit such activities so they could explore ways to implement local regulation of commercial marijuana.

“That’s one of biggest things in this valley—we have local control, local people you talk to, local people doing the permitting,” said commissioner Paula Swenson after a lengthy discussion on the matter. The rest of the board shared her sentiment, which was in many ways a 180-degree shift from a meeting in June when the commissioners passed the first reading of the ordinance. Since then, the public has spoken.
“I’ve had numerous folks contact me and I’ve taken time to reach out and speak with people in the community,” said Commissioner Jonathan Houck. He admitted to feeling conflicted because marijuana is illegal at a federal level but felt strongly that the community’s wishes be considered.
“When I look at how people in this community voted I think we have a responsibility to be responsive to that. There are hurdles we need to get over, but I would like to see us continue this discussion,” he continued.
“I’m pretty much in the same place,” said commissioner Phil Chamberland, and Swenson agreed. The challenge remained in figuring out how to move forward.
County attorney David Baumgarten explained that a state mandated timeline is driving the process. The county has until October 1 to enact its own regulations or state regulations will be implemented.
“This is the opportunity for local government to regulate grow operations, production and manufacturing facilities, marijuana testing facilities, and retail stores. If the County chooses not to act, that is to be silent, then by default all four would be allowed in unincorporated Gunnison County and be under the regulation of the state,” he said.
By passing an ordinance prohibiting the activities, the County would in essence be implementing local regulations. The commissioners could then revisit the ordinance at a later date, decide which activities to allow, and develop regulations with more time to fully vet the process.
“If we do nothing we don’t have the opportunity to be at the table to regulate ourselves,” Swenson confirmed.
“Correct,” Baumgarten said.
Several Gunnison County residents spoke up from the audience, urging the commissioners to develop regulations. “By allowing this to happen and by regulating it, you end up with far more control over what’s going on in this industry… and that’s important to the health and welfare of people in this county,” said Jim Starr, Crested Butte resident and local attorney.
Resident Steve Schechter agreed, “Let’s get it regulated with sensible regulations because there are a lot of people who use marijuana in this county. Let’s find a rational way to have this in our economy and our society without incarceration.”
And former EMT Greg Winslow urged the commissioners not to push the development of regulations too far down the road. “Our state has mandated by vote that we do this. Sixty eight percent of local county voters have said, ‘Yes, let’s move forward with this.’ How long are we going to drag our feet?” he asked.
But Crested Butte resident Mark Reaman seemed to have the most impact on the meeting when he urged the commissioners to hold off on passing the ordinance even though their intent was to retain local control.
“All three of you have shifted your position, which I appreciate. But one thing I think you guys have to remember is that you are the messengers and the leaders in the community, and the message sent by this ordinance is no, no, no, no,” he said.
Waiting would allow more time to gather information and understand legal options. The Commissioners agreed, pushing the second reading and their decision out until September 24, when they’ll also hold a work session. They’ll have just attended a symposium on the legalization of marijuana at Western Colorado State University (the final date is not yet determined), and the commissioners also hope to set up a task force.
“This is what figuring out the details looks like,” said Houck. “It’s not cut and dry, it’s not easy and the conundrum we’re facing is that we want the community to be assured they’ve been heard, and we’re going to find a path that matches their desires and the needs of this county.”