Medical marijuana ban leaves applicants in haze

By Dan MacArthur
North Forty News

The status of pending applications for medical marijuana dispensaries became unclear after the Larimer County Commissioners voted to ban such dispensaries anywhere in the unincorporated county.

The unanimous decision followed hours of comment at an Aug. 23 public hearing. In often-fervent public testimonials, more than two dozen advocates admonished the commissioners to retain current county standards. About half that number were equally adamant about banning the outlets. A handful favored putting the issue to a vote as are Loveland and other municipalities.

In their own personal testimonials, each of the commissioners acknowledged the medicinal value of marijuana. Commissioner Steve Johnson praised users as "good people who want to take care of their medical condition."

But in the end, the commissioners sided with opponents principally raising concerns about the potential for increased crime associated with dispensaries.

"It's about big bucks, folks," said Larry Cecil. "It's a bad idea."

Sheriff Jim Alderden maintained that the presence of dispensaries would place a tremendous burden on increasingly scarce county staff to process and police the facilities.

"Money and drugs equal crime," he said. "Selling at $400 to $500 an ounce, this is an obscenely profitable business and one that organized crime in the form of drug cartels is attracted to."

Despite concerns by ban opponents, the commissioners said there already is ample access for medical marijuana users with the many dispensaries and grow facilities operating or undergoing the approval process within cities.

"Nothing we do tonight will limit access," said Commissioner Lew Gaiter. "It may make it more difficult."

While Johnson said he was hopeful dispensaries would work in the county, he said cities such as Fort Collins are better prepared to deal with the impacts.

Left unresolved, however, was the fate of dispensary applications submitted to the county prior to the July 1 deadline. Of the dozen submissions, the commissioners have rejected two. The planning commission has forwarded a recommendation of approval for two more. The rest are making their way through the review process.

Applicants fiercely protested that they already had made a big cash commitment to procure permits and proceed through the review process.

One of her clients already has spent $50,000 based on the current county standards, said Deanne Frederickson, who specializes in gaining land use approvals.

"You have a good system," she said, urging the commissioners to distinguish fact from fear.

"We deserve the opportunity to be a good taxpaying business," said Sarah Gustin. A co-owner of Choice Organics, she said her application fee apparently would be forfeited if dispensaries in the county were banned.

"All of a sudden we have this chance of this being pulled out from under us," said Jerry Eshbaugh, whose proposed dispensary was one of those recommended for approval.

"We are asking you give your regulations a chance to work," said Erica Freemen. She and husband Brian are in the review process for their proposed dispensary.

County manager Frank Lancaster said officials would confer with attorneys to address the issue of pending applications and propose a resolution to the commissioners.

The last proposal to go before the commissioners went up in smoke on July 26 when they voted unanimously to reject a dispensary proposed for the east side of Link Lane south of Lincoln Avenue.

The application created an unusual situation in which the planning staff recommended approval while the planning commission in a 6-2 vote recommended denial.

At issue was whether the dispensary, while meeting all necessary county standards, still was unacceptable because of its proximity to a roller-skating rink catering to children.

The county commissioners sided with the planning commission, contending that the Green Leaf grow facility and dispensary was hopelessly inconsistent with the neighborhood still suffering from the arrival of an adult strip club years ago.

"We risk by putting another controversial business, a highly controversial business, in Link Lane," said Jathen Travena, manager of the Rollerland skating rink neighboring A Hunt Club.

"We really, really have a high risk of turning that area into the red light district of Larimer County," he continued. "Nobody else will say it. We're at the tipping point here."

Commissioner Steve Johnson once again endorsed the value of medical marijuana and said users "need a safe place to get their meds."

But, he said, that wasn't the issue and neither was the sterling character of co-applicants Eloy and Lonnie Castillon. Johnson said state regulations recognize proximity to places where children congregate as a serious siting consideration.