Moratorium Placed On Marijuana Dispensaries

December 2, 2009

By JoAn Bjarko

The Wellington

The Wellington Town Board on Nov. 24 placed a moratorium on granting permits and licenses to medical marijuana dispensaries or growing operations that might want to locate within the town limits.

 

With a unanimous vote, board members set the moratorium for nine months. In the meantime, town officials will be watching what other municipalities and the Colorado Legislature do to write rules for medical marijuana businesses.

 

Colorado voters legalized the use of medical marijuana in 2000, but only recently has there been a flurry of applications to open dispensaries throughout the state. Much of the interest is attributed to the Obama Administration’s announcement that it would not pursue or arrest medical marijuana users and caregivers if they comply with state law.

 

Larimer County will consider imposing a moratorium on medical marijuana facilities in rural areas at a public hearing on Dec. 7 at 3 p.m. in the Courthouse Offices Building in Fort Collins.

 

To date, neither Wellington nor the county has approved a dispensary or growing operation for medical marijuana. Loveland has also adopted a moratorium and Fort Collins is considering one.

 

Town attorney Brad March told the town board that statewide there are conflicting definitions of “caregiver” for those who provide medical marijuana, and there are concerns about how to enforce licensing for medical marijuana facilities.

 

Wellington will eventually have to write its own rules for zoning and licensing. The future medical marijuana businesses will likely be viewed as retail establishments that have to charge sales tax. One unanswered questions is whether they can be operated as home businesses in residential areas.

 

March noted concerns that dispensaries might have an increased risk of burglaries and violent crimes because of the presence of marijuana. He also said that on-site production of marijuana could cause unsafe conditions from excessive electrical connections that create fire hazards.

 

The moratorium ordinance states that in the absence of licensing requirements, such as those associated with liquor establishments, there is no way to limit the ownership and operation of marijuana dispensaries to persons of good moral character, so as to minimize illegal activity that could be associated with the businesses.

 

The town board may reduce the length of the moratorium should the state adopt universal regulations during the upcoming legislative session that starts in January.