Bill could clear up confusion on pot centers

Posted 1/22/11

Lawmakers are hoping to pass a bill that would clarify the uncertainties that could leave Douglas County medical marijuana dispensaries in limbo. The …

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Bill could clear up confusion on pot centers

Posted

Lawmakers are hoping to pass a bill that would clarify the uncertainties that could leave Douglas County medical marijuana dispensaries in limbo.

The rules contained in House Bill 1284 — passed last year to regulate the burgeoning medical marijuana industry — left a few questions, including what to do with existing dispensaries in towns and counties that have voted against the presence of medical marijuana in their community. There are, first and foremost, concerns about the rights of business owners who have followed the law by the book, before any newer, stricter guidelines were in place.

Rep. Tom Massey and Sen. Pat Steadman introduced House Bill 1043 during the first day of Colorado’s legislative session in the hopes of closing loopholes and cleaning up vague language in HB 1284. The bipartisan measure is in the process of being reworked, and Douglas County officials are waiting until the final document is presented before deciding how to proceed.

County attorney Lance Ingalls had suggested bringing its dilemma before a judge to interpret state and local law to decide whether medical marijuana centers in Highlands Ranch, Castle Pines and Franktown should be allowed to stay in operation after July 1. Douglas County will take a position on the new draft in the coming weeks, said Wendy Holmes, director of media relations for the county.

Voters of unincorporated Douglas County voted in favor of prohibiting medical marijuana centers during the November election, but Dr. Eric Hatch, a chiropractor who owns a wellness clinic that sells marijuana in Highlands Ranch, has argued that people did not know the vote would affect the existing businesses. The question did not say whether new or old dispensaries were being addressed.

Douglas County commissioner Steve Boand said he believed that residents had voted against dispensaries entirely. Voters in Lone Tree and Castle Pines also defeated similar measures by wide margins.

The dispensaries have remained open since the vote. The business owners, however, are worried that they will not be allowed to renew their licenses in July.

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