4-Color
4 The Independent
September 5, 2013
Retail pot idea edging forward N Four councilors on board for stores By Jennifer Smith
jsmith@ourcoloradonews.com The possibility remains that Littleton will become an area island for retail pot sales, though by only one unofficial vote. “We’re surrounded by communities that have said no,” said Councilor Bruce Beckman during Littleton City Council’s Aug. 27 study session. “I’m not sure that Littleton wants to stand out when the whole south-metro area has said no.” Mayor Debbie Brinkman and Councilor Phil Cernanec joined Beckman’s opposition to pursuing an ordinance that would allow the four existing medical-marijuana dispensaries to add a retail component or convert altogether. “Of course I’m completely opposed to it,” said Brinkman. “The people didn’t vote for retail sales, they voted on the right for people to use it, and for jurisdictions to decide how they wanted to handle that.” Cernanec said his stance reflects his district, which voted
against retail sales in last year’s statewide election despite Littleton as a whole voting in favor. He also cited the position of Littleton Public Schools officials. “For each one of them, it’s not even a gray area on whether to allow adult usage as far as the message it sends to the young folks,” he said. “I’m in favor of eliminating criminalization of minor amounts, but I’m not looking for pot stores in the city.” Councilor Jerry Valdes countered that kids often get pot from their own parents, and that perhaps parents should be more responsible. He’s an advocate for regulating pot like liquor, which was the goal of Amendment 64, and said alcohol is a huge problem in the schools, as well. Melissa Van Diest, owner of The Hemp Center on Main Street, agreed. “It doesn’t really matter, because their friends are probably just going to get it for them anyway,” she said. “It’s just like alcohol. Same problem, same idea.” The support of Valdes and Councilors Peggy Cole, Bruce Stahlman and Jim Taylor was enough to direct Kristen Schledorn, deputy city attorney, to finalize the wording of an ordi-
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Littleton City Council will consider an ordinance that would allow dispensaries like The Hemp Center to sell marijuana to retail customers, medical patients or both. Photo by Jennifer Smith nance for council to consider on first reading Sept. 3, with a public hearing and final vote on Sept. 17. “I kind of view it as a rose by any other name,” said Stahlman. “They had to lock themselves into the medical approach, but that genie is out of the bottle.” The law will limit facilities to the four that exist now and grandfather them into their existing locations, despite the fact that three of them do not conform to zoning
requirements. It mostly mirrors the current medical-marijuana regulations, and defers to state law where it is more strict. “It has held the test of time, and we probably have four of the best-behaved medical-marijuana dispensaries in the state,” said Brinkman. Should all four dispensaries decide to either go strictly retail or sell both retail and medical marijuana, 18- to 20-year-old medical-
marijuana patients would have to fill their prescriptions out of town, as the law forbids anyone younger than 21 to enter a retail pot store. City Manager Michael Penny said one dispensary has reportedBy J it doesn’t want to go retail, pre-jsmi sumably because medical marijuana is taxed less and patients O can buy more than the ounce thatthe o retail customers are limited to. a lot Van Diest said she’d likely applyWine for dual licenses, though she’d bekin F disappointed if her facility could Fi no longer serve younger patients. Drive “I’m proud of Littleton for tak- Th ing a rational point of view on13th” this,” she said. In th There was general consensusMan that only stores would be allowedmiss for now, not growing or testing fa-start cilities. City staff advised it mightJust i be wise to wait and see before allowing new types of ventures. “None of those generate sales tax. I’m not interested,” said Brinkman. “I’d rather be known for other businesses and industries than this.” Regardless of whether council approves retail pot sales, which would start in January, voters will decide this November whether the city can charge a 3 percent sales tax on marijuana above and beyond what the state will collect.
Federal government won’t block state’s marijuana rules By Vic Vela
vvela@ourcoloradonews.com The federal government finally provided clarity on Colorado’s marijuana laws on Aug. 29, with the Department of Justice issuing guidance saying that prosecutors will not seek to block recreational pot use and
sales here — so long as the newly created industry abides by state regulations. However, the memo does spell out priority cases involving serious marijuana-related offenses that federal prosecutors will continue to investigate, regardless of state laws. And it maintains that possession, cultivation and distribution of the drug will re-
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main a federal crime. Still, the memo makes it clear that federal prosecutors won’t be beating down doors of most recreational pot users in Colorado any time soon. The clarity provided by Attorney General Eric Holder’s office has been a long-time-coming for many around the state, who have sought guidance from the feds ever since Colorado voters passed Amendment 64 — the ballot measure that legalized recreational pot use and sales — last year. “This is a good thing,” said state Sen. Cheri Jahn, D-Wheat Ridge. Jahn played an instrumental role in crafting regulations associated with Amendment 64 during this year’s legislative session. “It’s not a matter of this being something that was statuatorial,” she said. “This was citizen-driven and put into the (state) Constitution. How do you not respect that?” The AG’s Office memo reiterates that “the federal government has traditionally relied on states and local law enforcement agencies to address marijuana activity through enforcement of their own narcotics laws.” The memo also says that the federal government has left “lower-level or localized (marijuana) activity to state and local authorities (to deal with).” But the guidance from the Justice Department makes it clear that federal prosecutors will continue to make marijuana enforcement determinations, depending
on the seriousness of the case. The department laid out eight “enforcement priorities” where the feds will continue to devote resources, “regardless of state law.” They include cases where drug money goes to gangs or cartels and cases involving drug trafficking. The feds also make it clear that they do not want marijuana distributed to minors. The guidance memo says it’s up to states that legalize the drug to ensure there are strong enforcement laws. “The Department’s guidance in this memorandum rests on its expectation that states and local governments that have enacted laws authorizing marijuana-related conduct will implement strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health and other law enforcement interests.” Rep. Dan Pabon, D-Denver, who was the chairman of the legislative select committee that drafted Amendment 64 legislation this year, said that’s exactly what the Legislature accomplished this session. “We drafted the most robust marijuana regulations in the country because public safety is our top priority,” Pabon said through a statement. “The feds’ action validates all our hard work to protect public safety, comply with the will of the people of Colorado and keep marijuana out of the hands of kids and criminals.”