Douglas County Commissioners are figuring out how to regulate
medical marijuana while similar efforts are underway throughout the
state.
County officials are preparing zoning regulations that will
decide where medical marijuana dispensaries can be located.
Michael Cairy, zoning compliance supervisor for the county, said
the regulations would put medical marijuana dispensaries in general
industrial districts. The county planning commission and the county
commissioners would also review each proposed dispensary to make
sure it met certain guidelines such as set-backs and buffers from
churches and daycares at 1,000 feet, and being two-miles from
private, elementary, middle and senior high schools.
Cairy said the draft regulations should be prepared next week
and ready for review and further input from various county
departments, home owners associations, etc. in preparation for a
March 22 public hearing before the county’s planning
commission.
Cairy said the county wants these regulations in place before
its moratorium on medical marijuana dispensaries expires on April
10. The moratorium was enacted to allow these regulations to be
developed.
Douglas County is only one government agency working on such
regulations. A partnership of town officials from Douglas County
communities such as Castle Rock and Parker are working with county
officials to make sure regulations are consistent within Douglas
County.
Cairy said the group is also watching the Colorado Legislature
for potential changes in state law regarding medical marijuana
dispensaries. Senate Bill 109, which addresses the doctor-patient
relationship in regards to getting access to medical marijuana, is
working its way through legislative committees now.
Another bill, sponsored by Rep. Tom Massey and Sen. Chris Romer,
is due to be introduced soon and would require dispensaries to
opperate as nonprofits.
A case regarding the Centennial’s closure of the Cannamart
dispensary is working its way through district court. At issue is
the city’s right to use federal law to trump state law in
prohibiting the operation of a dispensary.
Douglas County’s approach to controlling medical marijuana
dispensaries through zoning has precedence in Eagle County.
Although the proposal is not “actual regulation” yet, Cairy said
Eagle County’s proposed regulation has made it through the planning
commission and will be presented to their commissioners on Feb. 23.
Cairy said the Douglas County Commissioners “seemed to like this
model.”
Eagle County is home to more than 10 towns and unincorporated
communities, including Avon, Arrowhead, Basalt, Beaver Creek,
Bachelor Gulch, Eagle, Eagle-Vail, Edwards, Gypsum, Minturn, Red
Cliff, Vail and Wolcott.
Bob Narracci, planning manager for Eagle County, said the
permanent regulation document is on the county Web site, and the
process was time consuming, but this stage will display knowledge
of where dispensaries can go. Visit www.eaglecounty.us for detailed
regulations and vicinity maps.
Key Dates
Feb. 23: Eagle County Commissioner review regulation Douglas
County views as the model
March 22: Douglas County proposed regulations go to public
hearing before planning commission
April 10: Douglas County’s moratorium on the opening of medical
marijuana dispsensaries expires