Memo Date: March 11, 2010 To: Justin Clifton From: Liz Jackson Subject: Medical Marijuana Dispensary Regulations The following is a memo outlining regulations for marijuana dispensaries from various Colorado communities as well as reasons supporting such regulations. Also included is a list of pros and cons related to the use of medical marijuana. Interest in this information arose after a Durango based dispensary expressed interest in opening a location in Bayfield and requested a Bayfield Business License. Ordinances/Regulations Regarding Medical Marijuana Licenses Counties/Towns that have disallowed MMD’s: 1.) Aurora (2009 Ordinance): Applications for licenses have been denied based on a city ordinance that defines the term “business” as any “lawful” trade. However they believe that the same legal justification they have used to deny 3 business licenses might not stand up to scrutiny on the fourth. Chief of police said based on Amendment 20, it would be a Constitutional right to grow it for a patient, so this means that it’s time to get serious as a city about regulating it and making sure it’s grown safely, etc. Here are the links: http://www.auroragov.org/AuroraGov/Government/City_Clerk/LegalNotices/Ordi nanceNotices/427062 http://www.aurorasentinel.com/articles/2010/01/26/news/doc4b5fb980cf7565488 25685.txt 2.) Greeley (Also under Weld County): Banned medical marijuana dispensaries outright. Here is the link: http://www.mywindsornow.com/article/20100130/NEWS/100139997/1040&Pare ntProfile=1001 3.) Winter Park Banned dispensaries. Kremmling seems to be leaning this way too. Here is the link: http://www.skyhidailynews.com/article/20100310/NEWS/100319976/-1/RSS 4.) Castle Rock (November 2009): Denied MMD’s because federal law. Here it the link: http://www.americantowns.com/co/castlerock/news/medicalmarijuana-businesses-banned-in-castle-rock-231530 Cities and Counties that have approved MMDs: 1.) Eagle County (Vail, Wolcott, McCoy and Gypsum area— February 2010): New regulations limit location. It prohibits new dispensaries within 500ft of schools, churches, homes and other public and private buildings. Controls location through zoning regulations. Only current operating dispensaries can grow medical marijuana as of right now. Here is the link: http://www.skyhidailynews.com/article/20100224/NEWS/100229939/1079&Pare ntProfile=1067 2.) Colorado Springs February 2010): Their ordinance has a lengthy definition of a medical marijuana dispensary. Ordinance refers to “Medical Cannabis Dispensaries,” with cannabis being the botanical name for the plant For now though, there are no specific rules governing dispensaries, so what a patient should expect can vary. Here is the link: http://www.gazette.com/articles/marijuana-94854-medicalordinance.html 3.) Centennial (2009 Ordinance): Established temporary moratorium on the acceptance, processing or approval of any application for any permit, license, or approval pertaining to the location or operation of any land use involving the cultivation, sale, distribution or use of medical marijuana. Reasons for moratorium: o Still against federal law. o There is a bill currently pending in the US House of Representatives that would potentially reclassify marijuana from a Schedule I drug to a Schedule II drug under the Controlled Substances Act in states permitting the medical use of marijuana. o There is a bill currently pending in the US House of Representatives that would potentially prohibit the imposition of any federal penalty for the possession of marijuana for personal use or for the not-for-profit transfer between adults of marijuana for personal use. o Neither Article XVIII, Section 14 of the Colorado Constitution, the Colorado Revised Statutes, not the Centennial Municipal Code mention, authorize, permit, or regulate any land use in which marijuana is cultivated, produced, or distributed for retail sale or consumption. o For more reasons (there is a long list of them), refer to the City of Centennial Colorado Ordinance. Here is the link: http://www.centennialcolorado.com/archives/53/2009-O28%20Medical%20Marijuana%20Moratorium.pdf 4.) Weld County (January 2010): Ault: Imposed a six-month moratorium in December (expires in June). Dacono: Passed an ordinance Oct. 12 limiting where medical marijuana dispensaries are located in the city. Eaton: Imposed a six-month moratorium Nov. 19 (expires May 19). Erie: Imposed a 180-day moratorium Oct. 13 (expires April 11). Evans: Imposed a six-month moratorium Jan. 19 (expires July 19). Firestone: The town hasn't imposed a moratorium, but planning coordinator said it has been discussed. Fort Lupton: Extended a previously imposed moratorium, which will expire June 30. Frederick: Imposed a 180-day moratorium Dec. 8 (expires June 6). Garden City: The town has restricted how and where dispensaries are allowed and has had to rewrite the land-use code to allow dispensaries (must be 500ft from each other, as well as schools, day cares, and churches. Town board will hold a public meeting on keeping them at least 1,000ft from one another, which could limit the city to a maximum of four dispensaries, due to the town’s size). Gilcrest: Imposed a 180-day moratorium Nov. 17 (expires May 16). Greeley: Banned medical marijuana dispensaries outright. Grover: The town has taken no action on the issue and has received no inquiries for dispensary permits. Hudson: Passed an ordinance allowing the distribution of medical marijuana. Johnstown: Based on zoning requirements, Johnstown has an effective ban on dispensaries without taking action aimed at the issue. Keenesburg: Extended a previously imposed moratorium (expires July 31). Kersey: Will allow medical marijuana dispensaries in a specifically-zoned area. La Salle: Imposed a 180-day moratorium Nov. 10 (expires on May 9 or at the conclusion of the 2010 legislative session). Lochbuie: Imposed a six-month moratorium Dec. 16 (expires June 16). Mead: Imposed a short moratorium, which has since expired. Since then, the town has implemented a business license and land-use ordinance. The town has no dispensaries yet, but there are potential dispensaries in the application process. Milliken: Will allow medical marijuana dispensaries in a specific area. Community development director says land owners in the designated area will have to request a zoning change and acquire a special-use permit. Nunn: The town has taken no action on the issue and there are no dispensaries. Pierce: The town hasn't taken action yet, but the issue is on the town board's February agenda. Platteville: Imposed a moratorium Jan. 5 (expires when the state legislature addresses the issue). Town is awaiting a decision on the state level before making a final decision. Severance: Imposed a six-month moratorium Dec. 14 (expires June 14). Windsor: Extended a moratorium, which will now last until June 15. On the April 6 municipal ballot, Windsor residents can vote for or against any more medical marijuana dispensaries in the town, but the vote is non-binding. The existing dispensaries would remain. Unincorporated Weld County: The Weld County Board of Commissioners passed an ordinance effective Oct. 20 allowing dispensaries in certain commercially-zoned areas, which are mostly outside of Greeley. There aren't any dispensaries in unincorporated Weld County. Here is the link: http://www.mywindsornow.com/article/20100130/NEWS/100139997/1040&Pare ntProfile=1001 5.) Greenwood Village (2010): Emergency ordinance imposed a temporary moratorium of 180 days. Reasons: o City has no current land use or business regulations.. o Awareness of potential state legislation that will be considered by the Colorado Legislature.. o The case of Frasher, et al. v. City of Centennial, Arapahoe County District Court Case is pending regarding the local regulation of Medical Marijuana Dispensaries. The Court is considering various legal arguments, including the interplay between state and federal law, and local land use ordinances and the final decision in this case may have some bearing on the City’s regulatory authority over such dispensaries. o The recent decision of the Colorado Court of Appeals in People v. Clendenin, stated that Article XVIII of the Colorado Constitution doesn’t protect “original suppliers” of medical marijuana from prosecution or conviction on drug related charges, and it doesn’t appear to authorize the cultivation of medical marijuana through a “grow house.” Here is the ordinance/link: http://www.greenwoodvillage.com/files/council_agendas/Agenda_01_04_2010/O rdinance%20No.%2001-10%20%20Medical%20Marijuana%20Moratorium/Ord%2001-10%20%20Medical%20Marijuana%20Dispensaries.pdf 6.) Broomfield (January 2010): Approved ordinance of a 180-day moratorium on issuing permits. Here is the ordinance/link: http://www.broomfieldenterprise.com/ci_14297065?source=most_emailed 7.) Breckenridge: They want to impose specific requirements for individuals registering with the State of Colorado as a “patient” or “primary care-giver.” Require MMDs to be operated in a safe manner that doesn’t endanger public welfare. Mitigate potential negative impacts that a MMD may cause on surrounding properties and persons. Regulate the conduct of persons owning, operating and using a MMD. Establish a non-discriminatory mechanism that the Town can control through appropriate regulation, location and operation of MMD’s. Here is the ordinance/link: http://www.townofbreckenridge.com/Modules/ShowDocument.aspx?documentid =2318 8.) Crested Butte (Dec 2009): A lottery will be held and no more that five permits will be issued. Limited to the commercial district of town One-year sunset provision to give town opportunity to evaluate dispensaries Limited hours—9 a.m. to 7 p.m. Here is the ordinance/link (2009): http://www.crestedbutteco.gov/vertical/Sites/%7B6058FFBB-CB06-4864-B42FB476F794BE07%7D/uploads/%7B042A68C9-27D2-4B2A-91B097BCF5E8A80E%7D.PDF 9.) Fort Collins (March 2010): City staff and Planning and Zoning Board reviewed the Land Use Code and explored various issues pertaining to the distribution of medical marijuana in the City as they relate it to the Land Use Code. Land Use Code was amended to include the medical marijuana dispensaries and related facilities. Here is the ordinance/link: http://www.fcgov.com/publicnotices/viewordinance.php?id=783&ts=9857072ae35a61c8b43b42f4149839e5 10.) Grand County: Proposing regulations that would put dispensaries in certain zones, with strict rules about distances. o They would need at least a 1,000ft buffer from designated buildings and are allowable in the Business and Tourist zones of the county where drug stores and liquor stores are allowed. Because the federal government might ease prosecution of persons using marijuana for medical purpose in states that allow it, Grand County had dispensaries restricted. o Moratorium was reinstated on Dec. 24, 2009 and expires March 16. Winter Park has banned dispensaries and Kremmling is leaning that way. Kremmling also adopted a business license requirement that applicant “must be in compliance with federal law.” Granby, Grand lake, Hot Sulphur Springs and Fraser have imposed moratoriums. Provisions in Grand County’s draft law on pot dispensaries: o Prohibits them as a home occupation, except for medical marijuana patients who are allowed by state law to grow 6 plants. o Allows cultivation in dispensaries if applicants can prove proper ventilation and water use. Allows cultivation on the rationale that unlawful growing operations might be reduced in the county as well as illegal importation of marijuana. o Mandates applicants have a valid sales tax license. o Here is the link: http://www.skyhidailynews.com/article/20100310/NEWS/100319976/1/RSS 11.) Frisco: Public discussion shows that regardless of personal opinion, society is becoming more accepting of the drug. An ordinance was made amending the code of the town of Frisco, concerning zoning, by adding a new section, concerning medical marijuana dispensaries. Here is the ordinance/link: http://www.cml.org/pdf_files/mmj_ordinance_frisco.pdf 12.) Silverthorne: An ordinance was made amending the town code zoning districts and standards, by adding a new section concerning medical marijuana dispensaries. Here is the ordinance/link: http://www.silverthorne.org/key_documents/SDOC0776.pdf Communities needed: Durango Grand Junction, Cortez, Pagosa, Archuleta, San Migel (and cities) ----Summary/Facts: Most towns seem to be waiting for a decision on the state level before making a final decision. o There is much confusion regarding the prevalence of medical marijuana laws, their history and what the laws actually allow. This confusion is exacerbated by the level of variance in types of medical marijuana legislation supported by different medical, professional and policy advocate groups. Most towns seem to wait/deny licenses because it is not in their town land use codes. The reason medical marijuana has erupted as an issue for local governments this year is because of U.S. Attorney General Eric Holder's announcement that the Justice Department would not target medical marijuana growers in states that allowed it. Along with Colorado, those states are Alaska, California, Hawaii, Maryland, etc. o In an October memorandum to U.S. attorneys in those states, Deputy Attorney General David Ogden noted that marijuana sales continue to be the largest source of revenue for the Mexican drug cartels that work both sides of the U.S.-Mexico border and that disrupting that network of growers and distributors remains a "core priority" for federal law enforcement. Here is the link: http://www.chieftain.com/articles/2009/11/26/news/local/doc4b0e055b e435e900965977.txt According to the Colorado Municipal League's latest survey of 95 cities and towns, among those that have taken action: o Twenty-five are already collecting sales tax from the medical marijuana dispensaries that are operating in their communities. Boulder and Colorado Springs are in this group. o Twenty-six have imposed a moratorium in an effort to draft zoning and licensing regulations, or to simply decide whether to allow the dispensaries at all. Brighton, Craig, Fountain and Montrose are among the cities doing the same. o Fifteen cities and towns have just said "no" - refusing to license or allow the dispensaries, noting that even though Colorado voters approved the use of medical marijuana nine years ago, its use or distribution remains a federal crime. Greeley and Aurora are among them. Here is the link: http://www.chieftain.com/articles/2009/11/26/news/local/doc4b0e055b e435e900965977.txt Colorado Legislature convenes first session (March 11, 2010): o Senate Bill 109 sponsored by Chris Romer set out stringent rules for the doctor-patient relationship. Communities could ban medical marijuana shops outright, and the ones that survive would have to reorganize as nonprofit corporations subject to stricter licensing and regulations. SB 109 passed by a vote of 34-1 and heads to the House this week. o Another House bill drafted by Romer and Rep. Tom Massey, incorporates the Senate bill and adds pages of regulations governing dispensaries. o Under the House bill, a newly created Medical Marijuana Licensing Authority would be established and would be required to deny licenses to doctors, minors, anyone owing back taxes or delinquent in student loans or child support, and applicants with felony convictions. o The bill would ban consumption of marijuana at centers and restrict inventory to 3,000 pot plants and 1,000 ounces of the drug. Centers would also have to grow their own supply, but would be able to exchange up to 10% of their inventory with other licensed centers. The bill also incorporates a requirement approved in the Senate bill that patients age 18-21 get referrals from two doctors before qualifying for a medical marijuana card. Here is the link: http://crestoneeagle.com/wp/?p=1350 ----Marijuana facts (I used a two different sources, so they may overlap a bit): Con medical marijuana facts: o “Although I understand many believe marijuana is the most effective drug in combating their medical ailments, I would caution against this assumption due to the lack of consistent, repeatable scientific data available to prove marijuana's medical benefits. Based on current evidence, I believe that marijuana is a dangerous drug and that there are less dangerous medicines offering the same relief from pain and other medical symptoms." -- Bill Frist, MD Former US Senator (R-TN), Correspondence to ProCon.org o "In an effort to determine whether marijuana, or drugs derived from marijuana, might be effective as a glaucoma treatment, the National Eye Institute (NEI) supported research studies beginning in 1978... However, none of these studies demonstrated that marijuana -- or any of its components -could lower IOP [intraocular pressure] as effectively as drugs already on the market. In addition, some potentially serious side effects were noted, including an increased heart rate and a decrease in blood pressure in studies using smoked marijuana. The identification of side effects from smoked marijuana, coupled with the emergence of highly effective FDA-approved medications for glaucoma treatment, may have led to diminished interest in this research area."-- National Eye Institute "Glaucoma and Marijuana Use," nei.nih.gov o "Smoked marijuana damages the brain, heart, lungs, and immune system. It impairs learning and interferes with memory, perception, and judgment. Smoked marijuana contains cancer-causing compounds and has been implicated in a high percentage of automobile crashes and workplace accidents." -- John Walters Director, Office of National Drug Control Policy Syndicated editorial o "3-4 Cannabis cigarettes a day are associated with the same evidence of acute and chronic bronchitis and the same degree of damage to the bronchial mucosa as 20 or more tobacco cigarettes a day. Cannabis smoking is likely to weaken the immune system. Infections of the lung are due to a combination of smoking-related damage to the cells lining the bronchial passage and impairment of the principal immune cells in the small air sacs caused by cannabis." -- British Lung Foundation "Smoking Gun: The Impact of Cannabis Smoking on Respiratory Health," a publicly disseminated report o "The most compelling concerns regarding marijuana smoking in HIV/AIDS patients are the possible effects of marijuana on immunity. Reports of opportunistic fungal and bacterial pneumonia in AIDS patients who used marijuana suggest that marijuana smoking either suppresses the immune system or exposes patients to an added burden of pathogens. In summary, patients with preexisting immune deficits due to AIDS should be expected to be vulnerable to serious harm caused by smoking marijuana."-- Institute of Medicine Report Marijuana and Medicine: Assessing the Science Base o "The use of marijuana (for the terminally ill) can no longer be considered a therapeutic intervention but one of several procedures used to ease the ebbing of life of the terminally ill. But for this purpose doctors should prescribe antiemetic and analgesic therapies of proven efficacy, rather than marijuana smoking. This therapeutic course is not based on bureaucratic absolutism, political correctness, or reflexive ideology - but on scientific knowledge and the humane practice of medicine." -- Gabriel Nahas, MD, PhD Editorial, Wall Street Journal o "Marinol differs from the crude plant marijuana because it consists of one pure, well-studied, FDA-approved pharmaceutical in stable known dosages. Marijuana is an unstable mixture of over 400 chemicals including many toxic psychoactive chemicals which are largely unstudied and appear in uncontrolled strengths."-- California Narcotics Officers Association Official policy statement "The Use of Marijuana as a Medicine" o "This study validated several specific effects of marijuana abstinence in heavy marijuana users, and showed they were reliable and clinically significant. These withdrawal effects appear similar in type and magnitude to those observed in studies of nicotine withdrawal. Craving for marijuana, decreased appetite, sleep difficulty, and weight loss reliably changed across the smoking and abstinence phases. Aggression, anger, irritability, restlessness, and strange dreams increased significantly during one abstinence phase, but not the other." --Alan J. Budney, PhD et al. Professor, University of Arkansas Center for Addiction Research, "Marijuana Abstinence Effects in Marijuana Smokers Maintained in Their Home Environment," Archives of General Psychiatry o ***"A new federal report concludes the younger children are when they first use marijuana, the more likely they are to use cocaine and heroin and become dependent on drugs as adults. Increases in the likelihood of cocaine and heroin use and drug dependence are also apparent for those who initiate use of marijuana at any later age" --US Substance Abuse and Mental Health Services Administration (SAMHSA) SAMHSA press release on their report; "Initiation of Marijuana Use: Trends, Patterns and Implications" o "By characterizing the use of illegal drugs as quasi-legal, state-sanctioned, Saturday afternoon fun, legalizers destabilize the societal norm that drug use is dangerous. They undercut the goals of stopping the initiation of drug use to prevent addiction.... Children entering drug abuse treatment routinely report that they heard that 'pot is medicine' and, therefore, believed it to be good for them."-- Andrea Barthwell, MD Former Deputy Director, White House Office of National Drug Control Policy (ONDCP) Chicago Tribune editorial Here is the link: http://medicalmarijuana.procon.org/view.resource.php?resourceID=00 0141 Additional con medical marijuana facts: o Marijuana is often used as a stepping-stone drug, leading to heroin, cocaine, or other harder drugs. o Stoned driving and other dangers would be increased. o Some consider use of the drug as morally wrong. o Legalization would increase the chances of the drug falling into the hands of kids. o Because of drug-related arrests, people who have committed or are likely to commit more serious crimes can be taken off the streets. o Physical damage would be done to users that abuse the drug. o More widespread use would increase the dangers of secondhand smokedamage to bystanders. Here is the link: http://www.balancedpolitics.org/marijuana_legalization.htm Pro medical marijuana facts: o “The evidence is overwhelming that marijuana can relieve certain types of pain, nausea, vomiting and other symptoms caused by such illnesses as multiple sclerosis, cancer and AIDS -- or by the harsh drugs sometimes used to treat them. And it can do so with remarkable safety. Indeed, marijuana is less toxic than many of the drugs that physicians prescribe every day." -Joycelyn Elders, MD Former US Surgeon General, Editorial, Providence Journal o “ACP urges for a review of marijuana's status as a schedule I controlled substance and its reclassification into a more appropriate schedule, given the scientific evidence regarding marijuana's safety and efficacy in some clinical conditions.” -- American College of Physicians, Supporting Research into the Therapeutic Role of Marijuana o “The evidence in this record [9-6-88 ruling] clearly shows that marijuana has been accepted as capable of relieving the distress of great numbers of very ill people, and doing so with safety under medical supervision.” -- Judge Francis L. Young DEA Administrative Law Judge, Administrative ruling on Petition to Reschedule Marijuana o “There is very little evidence that smoking marijuana represents a significant health risk. Although it has been smoked widely in Western countries for more than four decades, there have been no reported cases of lung cancer or emphysema attributed to marijuana.” Lester Grinspoon, MD Emeritus Professor of Psychiatry, Harvard Medical School, "Puffing Is the Best Medicine," Los Angeles Times o “Patients receiving cannabinoids (smoked marijuana and marijuana pills) had improved immune function compared with those receiving a placebo. They also gained about 4 pounds more on average than those patients receiving placebo.” -- Donald Abrams, MD, et al. "Short-Term Effects of Cannabinoids in Patients with HIV-1 Infection,"Annals of Internal Medicine o “Consumer Reports believes that, for patients with advanced AIDS and terminal cancer, the apparent benefits some derive from smoking marijuana outweigh any substantiated or even suspected risks.” -- Consumer Reports Editorial o “There are really no other medications that have the same mechanisms of action as marijuana. Dronabinol (Marinol) is available by prescription in capsules, but has the distinct disadvantage of containing only synthetic delta9-tetrahydrocannabinol (THC) which is only one of many therapeutically beneficial cannabinoids in the natural plant.” -- Gregory T. Carter, MD Codirector, MDA/ALS Center, University of Washington Medical Center, Muscular Dystrophy Association website article o “For some users, perhaps as many as 10 per cent, cannabis leads to psychological dependence, but there is scant evidence that it carries a risk of true addiction. Unlike cigarette smokers, most users do not take the drug on a daily basis, and usually abandon it in their twenties or thirties. Unlike for nicotine, alcohol and hard drugs, there is no clearly defined withdrawal syndrome, the hallmark of true addiction, when use is stopped.” -- Colin Blakemore, PhD Chair, Dept. of Physiology, University of Oxford (U.K.), and Leslie Iversen, PhD Professor of Pharmacology, Oxford University, Editorial, The Times (U.K.) o “We've shown that the marijuana gateway effect is not the best explanation for the link between marijuana use and the use of harder drugs. An alternative, simpler and more compelling explanation accounts for the pattern of drug use you see in this country, without resort to any gateway effects. While the gateway theory has enjoyed popular acceptance, scientists have always had their doubts. Our study shows that these doubts are justified. The people who are predisposed to use drugs and have the opportunity to use drugs are more likely than others to use both marijuana and harder drugs. Marijuana typically comes first because it is more available." -- Andrew Morral, PhD Researcher, Rand Corporation, Press release discussing his study published in the U.K. journal Addiction o "While it is not possible with existing data to determine conclusively that state medical marijuana laws caused the documented declines in adolescent marijuana use, the overwhelming downward trend strongly suggests that the effect of state medical marijuana laws on teen marijuana use has been either neutral or positive, discouraging youthful experimentation with the drug." -Mitch Earleywine, PhD Associate Professor of Psychology, State University of New York at Albany and Karen O’Keefe, Esq. Attorney & Legislative Analyst, Marijuana Policy Project Report, "Marijuana Use by Young People: The Impact of State Medical Marijuana Laws" Here is the link: http://medicalmarijuana.procon.org/view.resource.php?resourceID=000141 Additional pro medical marijuana facts: o The drug generally isn't more harmful than alcohol or tobacco if used in moderation. o Limiting the use of the drug intrudes on personal freedom. o Legalization would mean a lower price; thus, related crimes (like theft) would be reduced. o Street justice related to drug disputes would be reduced. o It could be a source of additional tax revenues. o Police and court resources would be freed up for more serious crimes. o Drug dealers (including some terrorists) would lose most or all of their business. o Border/transportation officials & related resources could focus on immigration enforcement and protecting against terrorism. o The FDA or others could regulate the quality and safety of drugs. o Drug busts often trap young people in a flawed system that turns them into lifelong criminals. Here is the link: http://www.balancedpolitics.org/marijuana_legalization.htm has pumped about $20,000 into local, state and county tax coffers. guaranteeing more tax money into an ailing economy.