Town still struggling with dispensaries

Final tweaks being made

The town of Crested Butte is still not quite ready to allow medical marijuana dispensaries in town, but it is getting closer. The Town Council has been discussing the issue since the summer, and they had some more changes to the proposed ordinance regulating the dispensaries at the Monday, December 7 meeting. Town Attorney John Belkin will tweak the ordinance and bring it back to the council for their review on December 21.

If approved in two weeks, the ordinance would likely go into effect next February, at which time applications will start to be accepted. That will give the staff time to prepare the process to deal with the expected applications from people hoping to open dispensaries. Town Manager Susan Parker said she has received about 10 inquiries from businesses hoping to open such operations.
The council agreed to some more minor changes in the proposal. Instead of limiting the number of dispensaries in town to three, five will be allowed. Timing issues will be changed to allow the ordinance to “sunset” in February of 2011. This will allow the council to comprehensively review the impact of marijuana dispensaries in town.
Dispensaries will have to be located in the town’s commercial zone and be at least 175 feet away from parks and 500 feet away from schools. The businesses must pay a $1,000 application fee and pay sales tax. They can be open only from 9 a.m. to 7 p.m.
Belkin, as he has in previous discussions over the issue, explained to the council that they are traveling down an unplowed road. “This whole thing isn’t really common. We’re working without gravity here. This ordinance is pieced together from a number of other towns that are dealing with the same issue,” he said. “It doesn’t allow the growing of the marijuana at these locations. Where it’s grown, the town won’t know.”
Parker said the staff wanted the first year to be a test drive. “We are trying something totally new,” she explained. “We want something we can manage because there are so many unknowns. There is a lot of work to do with each application including background checks and on-site visits and a review of business plans. That will all take significant time.”
“The staff has done a good job drafting up a law that is basically illegal,” noted Councilperson Reed Betz referring to federal laws that prohibit such operations.
Betz wanted to limit the selling of paraphernalia in the establishments to just the patients. He was swayed by Tobacconist owner John Penn’s argument that his operation could be put out of business if he loses revenue from paraphernalia being sold elsewhere. “I already sell paraphernalia to the medical marijuana users in the valley but if the dispensaries sell the same things, I likely will go out of business,” he said. “It’s not like this is New York or Denver with a huge customer base. I’m very concerned about this.”
But the council wanted to enact an ordinance dealing with the broad aspect of medical marijuana dispensaries.
“If these dispensaries are set up as wellness centers, I think the patients and caregivers should be able to get what they need in one location,” argued Councilperson Phoebe Wilson.
“I’m concerned we are putting the hurt on an already established business in town,” said Councilperson Dan Escalante.
“The council is supposed to look at these ordinances, and keep in mind what is in the best interest of the entire community,” said Mayor Leah Williams.
The majority of the council agreed with Wilson’s argument so patients and caregivers will be able to purchase paraphernalia in the dispensaries.
The council will tackle the next version of the ordinance at the December 21 meeting.