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Kirk Taylor |
Dan Kogovsek |
Commissioners OK moratorium on medical pot sales
County, local law enforcement look for regulatory guidelines from legislature.
By MIKE SPENCE
The Pueblo West View
Colorado voters approved the use of marijuana for medical purposes nearly a decade ago. Since then, however, the state legislature hasn't yet come up with guidelines to enforce the laws.
Couple that with the federal ban on the use of medical marijuana, and the issue has created quite a conundrum.
The issue grew more complex in recent months when the Obama administration said it would not enforce the federal laws on medical marijuana. That pronouncement served as a green light for those who seek to use marijuana to treat medical conditions.
It also created a nightmare in Colorado, where some cities are approving and licensing dispensaries, while others are banning them.
The Pueblo County Board of Commissioners wants no part of the chaos. They adopted a four-month moratorium on Nov. 17, hoping that in the interim, the Colorado State Legislature would provide them with some guidance on how to proceed.
The commissioners voted 3-0 for the moratorium after an hourlong public hearing where growers and dispensary operators urged them not to restrict businesses already providing marijuana to county residents with state-issued medical marijuana cards.
The commissioners also heard from residents opposed to the sale of marijuana for any purpose, medical or otherwise.
In the end, the commissioners struck a compromise. While no new dispensaries can be opened during the moratorium, the commissioners insisted they are not interested in closing any local medical marijuana dispensaries that already are operating in Pueblo County.
The decision affects two dispensaries in Pueblo West: Marisol Therapeutics Wellness Center and Organic Solutions.
Pueblo County Sheriff Kirk Taylor is part of a state task force headed by Attorney General John Suthers. The task force is in the process of drafting legislation on regulating medical marijuana, Taylor told the commissioners. In fact, the task force is currently working on its second draft.
Taylor told the commissioners he expected legislation to be ready for action when the General Assembly convenes in January.
"We're moving at lightning speed for a governmental entity," Taylor said, drawing a few laughs from those in attendance.
On Monday, Suthers issued an advisory opinion that the state may collect sales tax on medical marijuana, and a spokesman for Gov. Bill Ritter's office said the governor would have the Department of Revenue contact dispensaries to begin collecting state sales tax.
That provided more ammunition for supporters of medical marijuana sales. On several occasions, they referred to a medical marijuana dispensary in Colorado Springs that generates between $20,000 and $30,000 in sales tax each month.
"I believe there is a place for medical marijuana," said Eugene Espinoza, a clinician licensed with the state of Colorado.
Espinoza said he has personal experience with medical marijuana. He developed a severe neurological problem. After trying multiple narcotics, he started using medical marijuana, and has seen his symptoms ease.
Chris Parnak, a grower who lives on Eagleridge Circle in Pueblo, said he treats 10 patients, who each receive one-half ounce. He sells the rest of what he grows to dispensaries.
"It does have a lot of therapeutic value," Parnak said.
He also said people would be surprised at who uses medical marijuana.
"A lot of people who make decisions based on medical marijuana are not used to the demographic," Parnak said. "It's older people, 50 to 52 years old. I have one 24-year-old with cervical cancer."
Mike Stetler, who operates Marisol Therapeutics in Pueblo West, said everything he's done has been with 100 percent disclosure.
"The greenhouse we have is clearly stated to grow medical marijuana under Amendment 20," Stetler said. "The lease on the dispensary is the same way.
"We've received all the licensing. We've done everything right. Regardless of what you do on this moratorium, I request you allow all dispensaries that have done everything right to stay open. We are providing a very valuable service to our patients."
Amanda Pacheco, who operates Organic Solutions dispensary in Pueblo West, said her business does more than sell medical marijuana.
"We have a chiropractor, a Reiki (massage) specialist," Pacheco said. "We are worried about the total well being of our patients. Medicinal marijuana is very important. I'd rather see my father take medical marijuana than get strung out on oxycontin."
Pacheco, like Stetler, said she has operated according to the law.
"We acted in an honorable manner," Pacheco said. "We didn't hide at a corner. We do not see a patient that does not have a doctor's recommendation."
Pacheco said those recommendations are hard to come by because physicians are afraid of being audited. So, her dispensary provides a place for patients to get the necessary paperwork.
"We've put a lot of thought into our dispensary," Pacheco said. "If you close our dispensary, you will force our patients to go to the drug pushers and the parks. I would much rather have my father go to the dispensary."
Diane Bilyeu of Pueblo West told the commissioners she has been on Colorado's medical marijuana registry for five years. She is one of 13,000 Colorado residents on the list.
A mother of three sons, Bilyeu lost an arm and a leg in a semi-tractor trailer accident. She said she uses medical marijuana to relieve her pain.
"Why is it suddenly so urgent to put this roadblock into law?" Bilyeu asked. "The only thing standing in the path of prosperity is the medieval notion that marijuana is dangerous. That simply is not the case."
Bilyeu said that marijuana usage by teenagers declined in California after the institution of medical marijuana laws.
"We need to focus our time and effort on legitimate and effective laws on using medical marijuana," Bilyeu said.
Al Demicel of Pueblo provided a dissenting voice.
"Just say no," Demicel told the commissioners. "I come from the law enforcement side of the family. The state has failed to regulate this. It is against federal law. You gentlemen are going to have a hard decision to make. Take the business out of the hands of caregivers and put it in the hands of physicians. I've had the same pains. Go to the doctor. He makes a prescription and I follow that prescription.
"You are going to be faced with hiring and drug testing to get a job. How is that going to affect your community if you say yes? Can you not do drug testing if you allow this? I've seen what it's done. It corrupts our judges and law enforcement officers. Our law enforcement officers don't know what to do.
"Greeley has said no. Trinidad has said no. I hope this commission says no. Take the full 120 days and give it full consideration."
Even though the moratorium doesn't shut down any of the dispensaries currently in operation, it doesn't protect them, either. They will continue to operate in the legal gray area created by Amendment 20.
Amendment 20, passed by voters in 2000, gives people with certain medical conditions permission to use marijuana. People registered with the state, or their "caregiver," may legally grow up to six marijuana plants.
However, the amendment did not address the question of large-scale growers who provide marijuana to dispensaries, or the dispensaries that sell the marijuana to the state's registered users. They still can face arrest under state law.
In fact, many growers are worried they will not have any legal protection during the moratorium. Taylor told them he could not give them any official immunity from arrest. However, he said county deputies would not be searching for medical marijuana growers or dispensaries to raid.
"We're waiting for the Legislature to give us guidance, just like you are," Taylor told them after the hearing.
County Attorney Dan Kogovsek said the county action only affects regulatory matters, such as zoning, not criminal prosecution.
Kogovsek said the moratorium was necessary in the event the commissioners ultimately decide to regulate the local businesses. For example, the commissioners may decide to set zoning restrictions on where growers and dispensaries may operate, the way liquor stores are regulated, and the moratorium would prevent any current business from arguing they should be "grandfathered" into their current location.
"We don't want anyone claiming they had a pre-existing use to stay where they are," Kogovsek said.
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