Dispensary rejection evokes emotions

By Dan MacArthur
North Forty News

Despite a passionate, tearful plea, Larimer County commissioners on a 2-1 vote rejected a proposal to establish the first medical marijuana dispensary in the unincorporated county.

Commissioners Steve Johnson and Tom Donnelly praised applicant Erica Pilch for her tenacity and vision. But they held that adding a medical marijuana dispensary to her Xzuberance wellness center would unavoidably violate land-use codes and conflict with neighborhood compatibility.

"We want to do everything to help them be successful," Johnson said, noting that he supports the business and believes Pilch to be an outstanding business owner.

But he said it was indisputable that the proposal violated regulations requiring medical marijuana dispensaries to be at least 500 feet from homes, schools and public offices. Eight homes, a church and the Larimer County Weed Control District office are within that perimeter surrounding Xzuberance.

"I believe people have the right for some protection," said Johnson. "If we're going to vary those regulations we might as well not have them." To do so, he added, would undermine the predictability and reliability of zoning ordinances.

Commissioner Lew Gaiter expressed dismay that Pilch was being penalized for attempting to gain approval properly while others could "fly under the radar" and operate illegally. He supported her counter-proposal for a one-year provisional approval providing Pilch supplied round-the-clock security and fenced the west side of the property to further limit access.

State medical marijuana licensing standards will be in place within a year. At the same time, the county – which can set stricter standards than the state – will evaluate its regulations or put the matter to a vote.

The June 21 appeal to the commissioners followed the planning commission's unanimous vote recommending denial of the special review use requested by Pilch.

She proposed adding the medical marijuana dispensary to complement and support the alternative healing therapies offered at Xzuberance. The wellness center is located in the Mulberry Commercial Park at 2649 E. Mulberry, just west of its intersection with Timberline Road.

In an emotional appeal similar to the one delivered to the planning commission, Pilch reiterated her calling to alternative healing after 10 years in the hospital industry saving lives, birthing babies and watching the ill, injured and elderly depart from life.

Pilch characterized Xzuberance as a "one-stop shop" for improving women's minds, bodies and souls. She said her investors have "spent every cent" to open it and keep it operating.

The dispensary would be in compliance with state regulations, Pilch insisted, and her attorney assured her that the business has "the right to be there."

"Nothing about our business is going to change," said Pilch. She dismissed as "preposterous" the claims of critics that the dispensary could attract packs of pot-smoking partiers.

"It's only going to be positive every step of the way," Pilch said, breaking into tears at the lectern. Approval, she said lightly after gaining her composure, "may be the best decision you make as a Larimer County commissioner."

But when the vote was announced, she was overtaken by tears again, turned, and strode briskly from the hearing room.