Police Chief Roy Lane told council members he\u2019s in favor of accepting commercial sales of marijuana. He said permitting retail outlets would enable his agency to better monitor and control marijuana in the community.<\/p>\n
\u201cWe\u2019re either going to have it on the front street, or we\u2019re going to have it on the back street,\u201d said Chief Lane. \u201cIt\u2019s going to be here, no matter what.\u201d<\/p>\n
City Attorney Mike Green sparked the hour-long session with council members to provide updates on some of the new directives regarding recreational marijuana licensing. The state\u2019s final licensing guidelines are expected to be released next month, he said.<\/p>\n
\u201cWe\u2019re going to a top-down system,\u201d Green explained. \u201cThe license will be filed with the state. They in turn will send us a copy and half of the application fee.\u201d<\/p>\n
Green said any official recreational marijuana regulation adopted by the city would closely resemble the city\u2019s current medical marijuana ordinance.<\/p>\n
\u201cThe state has left us with one huge interpretation,\u201d Green said. \u201cThere\u2019s no legal definition of \u2018openly and publicly\u2019 anywhere, so we have some gray areas to work out.\u201d Amendment 64, passed in November 2012, does not permit the open and public consumption of marijuana.<\/p>\n
Green explained the lack of any current case law that defines whether an individual\u2019s front porch or back porch, for example, is considered open or public. Green expects state lawmakers to address the specific issue during their next legislative session.<\/p>\n
\u201cOur first decision, really, is do you folks want to prohibit retail sales?\u201d Green asked council members. \u201cIt\u2019s really the only thing you can prohibit.\u201d<\/p>\n
The newly enacted Colorado Amendment 64 allows adults 21 and over to possess up to one ounce of marijuana and to cultivate up to six plants inside their home. The new law also allows for retail sales.<\/p>\n
\u201cMarijuana is going to be here,\u201d Green said.<\/p>\n
Council members Tom Butler and Bob Archibeque both leaned in opposition of granting retail licensing, citing safety concerns for children. Teenagers are curious, and some simply are not strong enough to resist peer pressure, Archibeque argued.<\/p>\n
\u201cI\u2019d like to think about it a little more,\u201d he said. \u201cWith medical marijuana, then there\u2019s a card, and you have more control. Right now, while I\u2019m open for anything, I\u2019m leaning to only medical marijuana.\u201d<\/p>\n
Council member Ty Keel sided with Chief Lane\u2019s assessment, citing increased law enforcement control and monitoring.<\/p>\n
\u201cIf I had to lean, I\u2019d like to see our medical facilities go recreational,\u201d he said. \u201cIt lessens the burden on the police department.\u201d<\/p>\n
In addition to more effective law enforcement, Mayor Pro Tem Matt Keefauver believes if the city allows commercial sales, fewer people would be inclined to grow marijuana at home.<\/p>\n
\u201cEveryday citizens are going to be growing marijuana in their basement or on their back porch, under the light of day, legally,\u201d he said.<\/p>\n
Mayor Dan Porter agreed, saying if commercial operators help to discourage home grown marijuana, then it could help to safeguard the public from fires ignited by indoor marijuana cultivation.<\/p>\n
\u201cIt scares the hell out of me,\u201d Porter said. \u201cWe just had a house burn down a month ago out at Pleasant View that was used for growing.\u201d<\/p>\n
Recognizing the pros and cons, council member Shawna McLaughlin also agreed with Lane in favor of granting retail sales. Her greatest concern was the potential for transients to flood Cortez simply to buy cannabis.<\/p>\n
\u201cIf we have a large number of people cross the border to buy marijuana here, then what\u2019s going to happen to our welfare systems?\u201d she asked. Medical marijuana is legal in New Mexico but recreational use is not; Utah prohibits both.<\/p>\n
\u201cThere are no easy answers,\u201d Green responded.<\/p>\n
\u201cThis is a tough one,\u201d said Mayor Porter.<\/p>\n
Green was instructed to proceed with writing a commercial marijuana ordinance, and council members are expected to receive the multi-page draft outlining the city\u2019s recreational licensing procedures in August. The proposed ordinance is expected to address all four classifications in regard to licensing recreational marijuana: sales, cultivation, edibles and testing.<\/p>\n
Before any ordinance is adopted, a public hearing will be held to allow for citizen input, said City Manager Shane Hale.<\/p>\n
\u201cWe\u2019re going to present the council with a draft ordinance,\u201d he said. \u201cAgain, nothing\u2019s been decided.\u201d<\/p>\n
Council member Karen Sheek was not in attendance at the workshop on Tuesday.<\/p>\n
A one-year moratorium stipulates that only current medical marijuana facilities will be allowed to apply for recreational licensing. Hale expects all four of the city\u2019s existing medical marijuana facilities to file those conversion requests.<\/p>\n
If approved, recreational sales of marijuana would be limited to those 21 years of age and older. Medical sales are currently available to those 18 years old or older, if they possess a valid medical marijuana card.<\/p>\n
According to Hale, the city would receive a portion of the sin tax from all recreational marijuana sales. Medical marijuana sales currently add approximately $56,000 annually to city coffers.<\/p>\n
Voters in Cortez were split 50-50 when deciding medical marijuana sales. Regardless of the city council\u2019s action whether or not to license recreational sales, citizens would still be able to file a referendum for a special election to prohibit or allow them, Hale said.<\/p>\n