People who want to sell recreational marijuana in La Plata County must have good moral character.<\/p>\n
The La Plata County Board of County Commissioners discussed licensing regulations for retail pot during a work session last week, along with making them consistent with medical marijuana rules.<\/p>\n
Tuesday\u2019s county meeting was followed by a city of Durango discussion about similar issues. Both governments have scheduled May 6 hearings for public comment.<\/p>\n
The county has several types of retail licenses, including store, cultivation facility, manufacturing facility, dual operation of retail and medical facilities and off-premises storage. The county has a three-person licensing board for medical marijuana applicants and, soon, retail license applicants.<\/p>\n
Under the draft ordinance, licenses will be denied to those who, among other things, have not paid all required fees, are younger than 21 or are late paying county property taxes.<\/p>\n
Todd Weaver, deputy county attorney, said the county\u2019s draft definition of what makes good moral character is based on state definitions and then expanded.<\/p>\n
\u201cThe Local Licensing Authority had asked for more criteria, more guidance in making the determination of good moral character,\u201d Weaver said. \u201cSo that definition does appear in both the retail and medical draft codes.\u201d<\/p>\n
The licensing authority can consider many factors in determining whether an applicant has good moral character, including inconsistent information on the application and the investigation, civil lawsuits that demonstrate a pattern of fraud or loss of a professional license.<\/p>\n
It also discusses misdemeanor and felony convictions, but that appears somewhat contradictory with the section on license restrictions. More than one misdemeanor conviction in a year or three or more in the past year may mean poor moral character. So may a felony conviction within the last 15 years or a drug-related felony at any time unless it\u2019s no longer a criminal offense. The list also includes more than one driving-under-the-influence offense in the last five years.<\/p>\n
Retail stores, unlike medical pot dispensaries, have to post a sign saying it\u2019s illegal to sell marijuana to minors younger than 21, it\u2019s illegal to transport it outside of Colorado and possession still is a federal crime.<\/p>\n
The authority also can consider rehabilitation, character references and educational achievements.<\/p>\n
Commissioners also debated adding a $250 fee to the operating fee to fund youth education efforts but ultimately decided against it.<\/p>\n
Commissioner Julie Westendorff supported the idea, but commissioners Gwen Lachelt and Bobby Lieb did not. The county currently has three medical marijuana licenses and one partial conversion application going from medical marijuana to some recreational.<\/p>\n
\u201cI\u2019m not going to support (the added fee),\u201d Lieb said. \u201cIt\u2019s not raising enough money to make a bit of difference.\u201d<\/p>\n
Lachelt said she wondered if it was redundant, if that education was not already happening.<\/p>\n
\u201cI also don\u2019t feel like singling out this industry for a special fee,\u201d she said.<\/p>\n
A marijuana education summit is planned for later this year, Assistant County Manager Joanne Spina said.<\/p>\n