Print
E-mail
Comment
Monument decides on ordinance for medical marijuana dispensaries
By Nicole Chillino
Monument is prepared with an ordinance if someone comes into town wanting to set up a medical marijuana dispensary.
The ordinance regulates where the facilities can and cannot be set up in town. According to the document, a dispensary must be at least 1,000 feet from public parks, recreation centers, public buildings, schools, libraries, buildings in residential areas, religious institutions, licensed child care facilities, alcohol or drug rehabilitation facilities, halfway houses, correctional facilities and other existing medical marijuana businesses.
Additionally, the ordinance sets up a list of requirements for the dispensaries, which includes regulations on security, advertising and business hours.
The law was triggered by a request a few months ago for information about setting up a dispensary in the town. Also, at the federal level, the Medical Marijuana Patient Protection Act was proposed by Congressman Barney Frank (D-Mass.) and would legalize medical marijuana in states where the population has voted for such measures, according to The Library of Congress, http://thomas.loc.gov.
Colorado is a state in which voters chose, in 2000, to legalize the use of medical marijuana to alleviate the symptoms of certain debilitating conditions such as HIV and cancer, according to the Colorado Department of Health and Environment.
“Unfortunately, the state’s law doesn’t regulate anything,” said Tom Kassawara, Monument director of development services. The law does not regulate dispensing or cultivation.
“Basically it has been left up to the individual towns, cities and counties to regulate,” he said.
Mayor Travis Easton questioned whether the medical marijuana could be cultivated on the premises of the dispensary, to which Kassawara responded it could not.
Trustee Rafael Dominguez asked about the legality to cultivate marijuana and whether it should be part of the town’s ordinance. Kassawara said the dispensary aspect of medical marijuana was the focus of ordinances being created in several parts of Colorado and was the focus of Monument’s ordinance.
“That was the one we wanted to do first,” he said.
He said cultivation of the substance will not be allowed on the site of the dispensaries, and there is debate as to whether there is anywhere in Monument that could carry zoning for marijuana to be grown.
Before developing the ordinance, the town staff did a lot of research and looked at how other municipalities had decided to regulate the facilities, Kassawara said. The town used Alamosa’s ordinance as a model.
The facilities could be approved on a use by special review basis in a C1 zoning district or by asking the planning commission and board of trustees to rezone a planned development zone, he said. In either case, the prospective business owner would not only have to ask permission from the town, he or she would first have to get permission from the land owner to put a dispensary somewhere.
In addition to determining where a medical marijuana dispensary can go, the ordinance outlines regulations for the facilities, which include having security cameras monitoring the main entrance to the facility and its exterior, keeping people from seeing into the building and a requirement for potential business owners to have background checks.
Treasurer Pam Smith requested the ordinance require the business owner to get a sales tax license. If it is determined the businesses are not taxable, the business owner would not be out any money. If it is determined the dispensaries can be taxed, it would help Monument’s revenue stream.
The ordinance regulates where the facilities can and cannot be set up in town. According to the document, a dispensary must be at least 1,000 feet from public parks, recreation centers, public buildings, schools, libraries, buildings in residential areas, religious institutions, licensed child care facilities, alcohol or drug rehabilitation facilities, halfway houses, correctional facilities and other existing medical marijuana businesses.
Additionally, the ordinance sets up a list of requirements for the dispensaries, which includes regulations on security, advertising and business hours.
The law was triggered by a request a few months ago for information about setting up a dispensary in the town. Also, at the federal level, the Medical Marijuana Patient Protection Act was proposed by Congressman Barney Frank (D-Mass.) and would legalize medical marijuana in states where the population has voted for such measures, according to The Library of Congress, http://thomas.loc.gov.
Colorado is a state in which voters chose, in 2000, to legalize the use of medical marijuana to alleviate the symptoms of certain debilitating conditions such as HIV and cancer, according to the Colorado Department of Health and Environment.
“Unfortunately, the state’s law doesn’t regulate anything,” said Tom Kassawara, Monument director of development services. The law does not regulate dispensing or cultivation.
“Basically it has been left up to the individual towns, cities and counties to regulate,” he said.
Mayor Travis Easton questioned whether the medical marijuana could be cultivated on the premises of the dispensary, to which Kassawara responded it could not.
Trustee Rafael Dominguez asked about the legality to cultivate marijuana and whether it should be part of the town’s ordinance. Kassawara said the dispensary aspect of medical marijuana was the focus of ordinances being created in several parts of Colorado and was the focus of Monument’s ordinance.
“That was the one we wanted to do first,” he said.
He said cultivation of the substance will not be allowed on the site of the dispensaries, and there is debate as to whether there is anywhere in Monument that could carry zoning for marijuana to be grown.
Before developing the ordinance, the town staff did a lot of research and looked at how other municipalities had decided to regulate the facilities, Kassawara said. The town used Alamosa’s ordinance as a model.
The facilities could be approved on a use by special review basis in a C1 zoning district or by asking the planning commission and board of trustees to rezone a planned development zone, he said. In either case, the prospective business owner would not only have to ask permission from the town, he or she would first have to get permission from the land owner to put a dispensary somewhere.
In addition to determining where a medical marijuana dispensary can go, the ordinance outlines regulations for the facilities, which include having security cameras monitoring the main entrance to the facility and its exterior, keeping people from seeing into the building and a requirement for potential business owners to have background checks.
Treasurer Pam Smith requested the ordinance require the business owner to get a sales tax license. If it is determined the businesses are not taxable, the business owner would not be out any money. If it is determined the dispensaries can be taxed, it would help Monument’s revenue stream.
Submit a Comment
|
You must be logged in to post a comment.
|
Not yet a registered member?
Click here to become one. |
