El Paso County considering medical marijuana regulation

County commissioners are considering a moratorium or zoning restrictions on medical marijuana dispensaries in unincorporated El Paso County while state lawmakers try to make better sense of the 2000 constitutional amendment that legalized medical marijuana.

The Board of County Commissioners, which delved into the medical marijuana debate Tuesday, instructed its staff to prepare two resolutions for consideration Thursday.

The first would allow medical marijuana dispensaries in certain commercial or industrial zones that county officials said are primarily in Cimarron Hills and Fountain Valley.

“They would have to get a temporary permit, and that would give us time to see what the Legislature is going to do in terms of their regulations at the state level,” Commissioner Sallie Clark said.

“The other option would be to put a total moratorium and just say, ‘None. We’re not going to allow it,’” said Clark, adding that a moratorium would give the county time for state lawmakers to act. The General Assembly convenes Jan. 13.

Sheriff Terry Maketa said there are about 38 medical marijuana dispensaries in the county. About three are in the unincorporated areas.

Regulating medical marijuana is a hot topic in Colorado.

Pueblo, for example, is considering extending a 90-day moratorium on dispensaries. Colorado Springs leaders have assembled a task force to study the issue.

Amendment 20, approved in 2000, legalized medical marijuana for “persons suffering from debilitating medical conditions.”

The number of dispensaries — and patients — has shot up dramatically in the last year. County officials said there are now more than 14,000 medical marijuana cardholders in Colorado, and as many as 800 people apply for cards every day. The Colorado Department of Health and Environment said through August, more than 800 doctors had recommended patients for cards.

“Colorado has seen a rapid proliferation of medical marijuana dispensaries and patients since the Justice Department earlier this year announced it would not actively prosecute medical marijuana businesses – despite the fact that marijuana remains an illegal drug under federal law,” Attorney General John Suthers said in an October statement.

In Denver on Monday, Democratic Gov. Bill Ritter said lawmakers need to focus on better regulating who gets access to medical marijuana as well as the doctors who recommend marijuana as a treatment. Ritter said he’s alarmed so many people are seeking state cards.

“We’ve just seen numbers explode,” he said. “We think we need to pay attention to this.”

House Speaker Terrance Carroll, a Democrat from Denver, said the state should examine its liquor laws as a model to regulate the medical marijuana industry.

Senate Minority Leader Josh Penry, a Republican from Fruita, said regulating medical marijuana is one issue that will bridge the partisan chasm at the Capitol.

“Nobody intended for this mess we have got,” he said.

One Colorado Springs medical marijuana provider said all the fuss doesn’t make sense.

“Basically they have this imagined problem that they are trying to address with unnecessary regulation,” said Michael Kopta, a Colorado Springs chiropractor who is starting Natural Advantage Medical Marijuana Caregivers on the city’s west side.

“I think most of the people who are getting into this business are respectable businessmen,” he said.

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