Denver City Council To Debate Implementing MJ Laws

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Denver City Council To Debate Implementing MJ Laws



A battle over fulfilling voters' wishes for recreational pot businesses while protecting neighborhoods is expected to consume Denver's City Council for the next year as it hashes out how to implement Amendment 64.

Denver City Council on Tuesday debated the issue for the first time since November's statewide approval of the amendment that legalized limited possession and commercial sales of marijuana.

Sixty-six percent of Denver's voters approved the measure, which gave state and local governments a narrow window to come up with rules and regulations for implementation.

In a city that became the national model in how it regulates and licenses medical marijuana dispensaries, some council members are reluctant to allow recreational marijuana establishments to take root. But others ask:

Why discourage what is likely to be a thriving industry?

Councilman Chris Herndon said voters in his district said they chose to legalize pot because they were tired of seeing young people go to jail for possessing small amounts.

But they also told him, "Don't you dare put a commercial establishment in my community," Herndon said in the council committee meeting.

The first issue the 13-member council must consider is whether marijuana establishments should be permitted in a city that already has licensed 207 medical marijuana dispensaries. That is more than the 204 liquor stores licensed in the county.

Denver also has about 50 businesses that manufacture marijuana-infused products, and about 250 grow facilities have either been approved or are in the process of gaining approval.


Council members could vote to have Denver opt out entirely and ban the businesses altogether, which has already been done in Douglas County. Or the council could ask voters what to do. Or it could opt out now but leave the option to opt in later, according to Assistant City Attorney David Broadwell.

The amendment that was passed by 55 percent of Coloradans gave specific timelines for state officials to come up with regulations by July 1.
On Oct. 1, the state will begin accepting and processing licensing applications. That's also the deadline when local governments must indicate whether they will or won't allow marijuana businesses within their jursidictions.

"The train is going to start leaving the station Oct. 1," Broadwell said.

The issues the council must decide:

• Does Denver want more time to implement local licensing before October?

• Does it want dual state and local licensing authority, similar to regulations for liquor licenses?

• Does Denver want public hearings before local licenses can be issued?

• Does the city want higher taxes for marijuana?

• What about on-site Amsterdam-like marijuana consumption businesses?

Denver Mayor Michael Hancock, who campaigned against Amendment 64, has said he doesn't want to get in the way of the council process on the issue.

His spokeswoman, Amber Miller, said Hancock "is determined to keep our people safe and healthy and to protect the integrity of our neighborhoods as we move forward."

Denver's Inter-Neighborhood Cooperation — a citywide network of 100 Denver Registered Neighborhood Organizations — on Sunday issued a resolution calling for several regulations to be considered by state and local officials around marijuana businesses, including prohibiting them within 1,000 feet of a school or another marijuana business.

The organization also said criminal background checks should be required for any applicant and registered neighborhood organizations should be notified of any application and hearings should be required to determine whether a business is "needed or desired within the neighborhood."

Councilman Paul Lopez agreed, saying neighbors should have a chance to weigh in on whether the businesses should be allowed — even though those types of hearings take time and require city staff.

"We need to look into those buffers and make sure people have a voice," Lopez said.

Councilman Chris Nevitt, however, said even though people initially reacted against dispensaries, there have been few problems with the businesses.

"Why fix what is not broken," Nevitt asked. "We haven't faced a ton of issues. There was the initial, 'Oh, my God, not here.' But for the most part those problems didn't occur. I would be cautious of creating a new hurdle," Nevitt said.

Councilwoman Debbie Ortega said the council should also consider the social implications of the possible increased drug use in a city that already has a large homeless population — many of whom are addicted to drugs and alcohol.

Council president Mary Beth Susman said existing businesses are concerned what marijuana retailers could do to the reputation of the city and said the committee can expect to hear from those merchants as the process moves forward.

"All these things we need to think about — economically and socially," she said.


 

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