Castle Rock City Council voted 7-0 on Medical Marijuana Centers

The Castle Rock City Council voted 7-0 to ask the staff to prepare an ordinance to prohibit medical marijuana centers in Castle Rock Colorado on their meeting July 21, 2010. The council will be considering a formal proformal vote is set for the August 24, 2010 council meeting.

Currently the town has a moratorium on commercial medical marijuana activity through December 31, 2010, if the above proposed ordinance passes existing centers will be shut down and new medical marijuana health care centers will be banned from city limits January 1, 2011.

This is a hotly contested issue throughout Colorado with one side of the debate fearing increased crime, a “bad element” gathering around the centers and in general feeling like marijuana should be illegal regardless of the circumstances. On the other side of the debate are health care providers and those suffering from symptoms related to cancer and/or chemo therapy treatments that have found marijuana to be extremely helpful in managing pain and naseau, and help with glaucoma and AIDS. Those folks would like to be able to get “weed” from a reputable dealer rather than in a back alley somewhere.

There will be continued discussions on this matter throughout Colorado for years to come costing tax payers dollars that none of these small town have.

As it stands registered patients may obtain medical weed by growing their own, from a licensed caregiver or from a center and local municipalities can not prohibit them from growing their own nor can they prevent caregivers from providing legal weed to up to five patients.

FAQ’s on Colorado’s Medical Marijuana laws and regulations

Can municipalities enact local bans on caregivers and/or patients?
No. Caregivers and patients are protected by Section 14, Article XVIII of the Colorado Constitution; therefore, local governments cannot prohibit patients or caregivers.

Are existing medical marijuana businesses grandfathered in or precluded from complying with the requirements of HB 10-1284? PDF
There is no grandfathering for dispensaries in existence that do not comply with the state and local regulations. The most likely issue will be with the distance requirements, and the spacing requirements in HB 1284 contain no grandfathering or “look-back” provision that would exempt existing medical marijuana businesses.

Can primary caregivers profit off of the sale of medical marijuana to licensed patients?
No. A primary caregiver may not charge a patient more than the cost of cultivating or purchasing the medical marijuana, but may charge for caregiver services.

Source: Colorado Municipal League

Colorado State Law allows town governments three options

Additional Questions can be directed to Town Clerk Sally Misare, 303-660-1367 or smisare@CRgov.com.

What are your thoughts Douglas County Residents? Should this issue be put on a ballot? Or should the City Council have the right to decide this hotly contested issue.