Council adopts medical marijuana moratorium

Posted 8/20/09

The moratorium ordinance passed Aug. 17 means there will only be two medical marijuana dispensaries in Englewood for at least the next six months. …

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Council adopts medical marijuana moratorium

Posted

The moratorium ordinance passed Aug. 17 means there will only be two medical marijuana dispensaries in Englewood for at least the next six months.

The moratorium was established by an emergency ordinance in which new restrictions are in place immediately. So for six months from the effective date, Aug. 17, no dispensary that does not have a sales-tax license by Aug. 17 cannot open or operate in the city of Englewood.

The city council passed the moratorium on second reading, citing the need to look into issues regarding zoning and separation distance.

“Zoning is the issue,” Councilmember Jill Wilson said during the discussion of the ordinance. “Because the rapid expansion of dispensaries is so new, we gather more information. We know other cities are wrestling with the same issues such as establishing a minimum distance from schools and playgrounds and distances between dispensaries.”

Mayor Jim Woodward agreed. He said the issue will go to the planning and zoning commission for discussions about regulations to those governing the required separation and the minimum distance from schools.

Councilmember Joe Jefferson said he wished to see the issue move forward quickly. He said he would like any proposed regulations to be developed on for action quickly and, if possible, have the moratorium lifted in less than six months. Councilmember Randy Penn agreed.

Woodward said the issue will be the number one priority for the planning and zoning commission. The commission will take up the issue, hold a public hearing and then provide recommendations to the city council.

Before the vote, the council heard from attorney Robert J. Corry Jr., who urged defeat of the moratorium. He said there were people in the community who had the required prescriptions and needed dispensaries where they could receive the marijuana to help relieve their pain.

He said recent rulings have made this a critical time for establishment of dispensaries because the number of clients who have registered with the state to for medical uses of marijuana has multiplied dramatically.

“I predict there will be at least 100 dispensaries in Denver and probably another 50 in Arapahoe County,” Corry said. “This moratorium means the dispensaries will be in surrounding communities and not in Englewood.”

He said that means the city loses out on sales taxes from dispensaries that typically see 10 to 15 clients a day, providing the medical marijuana at a current price of $300 an ounce.

He said, if the moratorium was defeated, he would volunteer his services to help the city draft the rules needed to insure proper operation of the dispensaries.

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