• 28
  • June
    2010

Larimer County

It appears more and more likely that commissioners in Larimer County will implement a moratorium on medical marijuana dispensaries. The moratorium will be the second in recent months and is expected to last much longer than the initial moratorium, which was only one month in duration. It would cover only unincorporated Larimer County.

The proposed second moratorium will likely last for a significant amount of time, as the county awaits final word from the state legislature regarding the regulations governing medical marijuana dispensaries. (It has until July 2011 to do so.)

In addition to waiting for final word from the state legislature, the proposed moratorium would give Larimer County officials time to address several key issues.

First, the county must decide whether to modify a preexisting regulation that mandates a public hearing to approve the site of a medical marijuana dispensary as it conflicts with the new state law.

"I'm not a big fan of moratoriums. They can be used to deny property rights. Unfortunately, the legislative law conflicts with our local scheme," said County Commissioner Steve Johnson.

Second, the new state law only assumes the creation of a local licensing organization for medical marijuana dispensaries but does not mandate it. According to County Planner Michael Whitley, "we either need to create a licensing authority ... or we have the opportunity to ban operations."

A ban has yet been discussed but county officials are aware of their options. A total ban on medical marijuana dispensaries could either be decided by the voters or settled by the county commissioners.

Officials plan to discuss the proposed second moratorium at a land use hearing held on Monday, June 28th. In addition to the moratorium, county commissioners are encouraging the public to offer their feedback as to how the medical marijuana dispensaries should be licensed and/or managed.

Related Resources:   
• Pot Pause Likely to be Extended (The Coloradoan)