Could Pitkin County become hotbed of cannabis production?

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FruityBud

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With lax laws on the horizon regarding pot growing in Pitkin County compared to neighboring jurisdictions, rural areas around the valley could become a hotbed of cannabis production.

Pitkin County officials are in the early stages of drafting some relatively hands-off rules governing grow sites for medical marijuana plants in the rural county, where there already are six pot farms in operation.

The stance is a marked difference from neighboring Garfield and Eagle counties, where officials are restricting grow sites to the scant spaces zoned for industrial and commercial use. If Pitkin County allows the drug to be harvested throughout its rural expanse, community development director Lance Clarke told the county commissioners on Wednesday, “That would cause a huge influx to growing here.”

The commissioners seemed largely OK with that.

“I don’t think we should go to the length of regulation that the neighboring counties have,” said Commissioner Rob Ittner.

Wednesday’s meeting did not include an official vote to amend the land use code. The commissioners are expected to hand down an official decision on local pot rules sometime this spring or early summer.

“I want to make sure we’re not so restrictive that we make it difficult for this to exist,” Commissioner Jack Hatfield said.

Tough local rules like those drafted by Garfield and Eagle counties and the state legislature, he argued, are unfairly restricting Coloradans’ state constitutional right to access medicinal marijuana. Hatfield has previously advocated legalizing recreational drugs.

Noting the recent break-ins at marijuana dispensaries in Aspen and Carbondale, as well as the “extensive lawlessness” surrounding the legal pot trade in California, Commissioner Michael Owsley voiced concern about potential criminal problems associated with growing drugs. He encouraged Clarke to meet with the Pitkin County sheriff and Aspen police.

Commission chair Rachel Richards countered that the government ought not to discourage businesses based on the likelihood that they will be targeted by criminals. She brought up the bomb threats and extortion attempts at local banks from New Year’s Eve 2008, arguing that incidents like that have not led to government bans on banking.

The county becoming a safe haven for pot growers who are zoned out of surrounding areas, however, did not sit well with Commissioner George Newman.

“We’ll bear the brunt of that [Garfield and Eagle County] decision,” Newman said. “It concerns me.”

The commissioners directed Clarke to look into water access and usage at marijuana farms, and to look into the likelihood of water table contamination from the grow sites.

“I am prepared to start drafting legislation for review,” he told the board.

The basis of the still-forming rules comes largely from a months-long county outreach effort to the local caucuses and community groups on marijuana farming. Since last fall, Clarke met with representatives from the Woody Creek, Emma, Snowmass/Capitol and Crystal River caucuses, along with the Redstone Community Association.

Clarke summed up the typical caucus feedback thusly: “This is something that is acceptable to me as long as there aren’t any direct impacts on me ... Kind of a ‘not in my backyard’ kind of thing.”

To address that level of concern, Clarke said he expects to include mandatory minimums on the distance between grow sites and neighboring homes.

He also said he aims to control the nuisance of the strong smell from marijuana plants, possibly by mandating growing be done in enclosed structures.

The Redstone group strongly opposed allowing dispensaries on the mountain hamlet’s main thoroughfare, which is zoned for commercial use. The Crystal River Caucus voted 28-7 last month to ban dispensaries from operating there and Clarke said he will include a ban on Redstone dispensaries in his draft.

As far as dispensaries, where card-carrying patients can buy the drug, the county currently only allows them in commercially-zoned areas. Clarke said he intends to keep that rule as it is. The only two dispensaries within the county’s jurisdiction are at the Aspen Airport Business Center. The county has no oversight for the dispensaries within Aspen proper.

The county rules will likely impose some kind of special review process for potential growers, similar to liquor licensing. It would likely require background checks for growers and specific rules of conduct.

Clarke will take his draft pot rules back to the local caucuses soon, he said. Then he will be back before the commissioners this spring for another work session, before hearings with the county planning and zoning commission. Finally, the commissioners are expected to vote on the proposed marijuana clause in the county code, sometime before July 1. State lawmakers have given local counties and municipalities until that date to come up with their own rules on the marijuana business.

Seventeen of Colorado’s 64 counties have banned growth of the drug entirely.

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