Castle Rock officials stand ready for the state’s final decision
on the Colorado Medical Marijuana Code, which is on its way to the
state senate.
The Colorado house of representatives on April 22 approved House
Bill 1284, with amendments that add the golden egg local
municipalities hoped for. If the bill is adopted as is, cities,
counties and towns such as Castle Rock will have the local control
over medical marijuana dispensaries they lobbied for.
The key word, however, is “if.”
Town manager Mark Stevens announced to town council April 20 the
bill was moving forward with provisions that enable a municipality
to allow medical marijuana dispensaries, prohibit dispensaries or
put the decision to a public vote. Those options depend entirely on
the final outcome of the legislative session, Stevens said.
The town of Castle Rock presently has a moratorium through early
July on all dispensaries. Town council will wait for the final
outcome of the state’s marijuana code to consider any agenda items
for local regulations, Stevens said.
Meantime, town staff provided a draft resolution to be ready to
act quickly if the code is passed with local control. Stevens
presented council with the draft proposal on Feb. 23, with the
understanding the proposal was for review only and could change,
depending on decisions at the state level.
If the final decision at the legislative session is not made
until the final weeks of the session — as Stevens expects — the
town should be prepared to move quickly to adopt regulations before
the July 1 moratorium expires, he said.
“(A late session decision) would give us about two months
between their decision and ours,” Stevens said at the February
council presentation. “We need to be in position to move fairly
quickly. We thought it worthwhile to be circulating ideas to
you.”
The ideas from town staff are found in a draft ordinance with
comprehensive regulations concerning medical marijuana. Those
regulations include licensing provisions, location restrictions to
limit marijuana facilities to industrial zones and setbacks from
schools, child care centers, residences and select public
facilities.
The draft proposal prohibits medical marijuana dispensaries or
facilities in residential districts, mobile or transitory
structures and general business districts.
The site restrictions are similar to zoning regulations adopted
March 30 by Douglas County commissioners. As previously reported in
the News Press, Douglas County passed a zoning resolution to
regulate medical marijuana facilities. The zoning restrictions
limit dispensaries and grow houses to the general industrial
district in unincorporated areas of the county.
Additional limitations in the county’s zoning language include
set back requirements which prohibit dispensaries and growing
operations from operating within 1 mile of an elementary school, 2
miles of a middle school or high school and 500 feet from parks and
residences.
Although the county has no formal ordinance or regulation
prepared in advance of the state’s decision, it is watching the
bill closely as it makes its way through the legislative process,
said Wendy Holmes, Douglas County public affairs director. The
county’s legal team has yet to submit a formal draft proposal to
county commissioners.
“At this point, the board has done everything within its
authority,” said Kristin Decker, senior assistant county attorney
with the Douglas County attorney’s office, in an April 22 email.
“If the legislation passes as proposed, we’ll have more authority
to prohibit, license, etc.”
While the Castle Rock ordinance does not address dispensaries or
facilities that were in operation before the town’s moratorium took
effect, HB 1284 gives those dispensaries one year to comply with
the state’s marijuana code, if adopted. The proposed bill allows
any dispensary licensed or applied for before July 1 to continue
operating for one year. After July 1, 2011, those dispensaries must
be in compliance with state and local provisions.
At this point, it is premature to guess at the final outcome of
any local or state provisions, Stevens said. The state legislation
must pass the test at the senate level, before a final signature by
Gov. Bill Ritter.
“Everything will be determined by the final outcome of House
Bill 1284,” Stevens said in a April 22 email. “That bill still has
a long way to go.”