Despite recent wins, marijuana shops could face tough road

Medical marijuana dispensaries scored victories in May at the statehouse and City Hall, but with opposition mounting, their success may be as elusive as the perfect high.

Opponents of medical marijuana — and the dispensaries popping up around town — are rallying behind the possibility of banning the businesses altogether. Those pushing for a ban include residents, some politicians and the Greater Colorado Springs Chamber of Commerce.

Medical marijuana advocates call the ban idea unworkable and illegal. They’ve just won legitimacy from the General Assembly, which passed a measure licensing and clearing up the murky legality of the businesses. Dispensaries also got initial approval last week for temporary permits in Colorado Springs.

But as soon as November, a ban proposal could be on local ballots. Officials in Colorado Springs and El Paso County are warming to the idea.

Colorado Springs Republican Rep. Mark Waller, who helped hammer out the state measure, said a vote on a ban has been part of the plan all along.

“One of the reasons we fought so hard to get that local option on this bill is that we wanted this put to a vote of the people,” said Waller, a former deputy prosecutor in Pueblo County.

Ten years ago, Colorado voters legalized the use of marijuana to treat ailments by approving Amendment 20. But while the amendment legalized use of the drug, it didn’t provide a clear legal method for widespread distribution.

Dispensaries began flooding into that void last year, when federal authorities announced they wouldn’t interfere with state laws that legalize marijuana. The city of Colorado Springs and El Paso County, which have authorized medical marijuana businesses under temporary rules, now house more than 130 dispensaries, up from just a handful last year, city officials said.

While some see a flourishing industry amid the region’s deepest recession in decades, others see a crisis.
“Dispensaries are out of control,” said Colorado Springs Republican Sen. Keith King.

City Councilman Sean Paige, who is leading a city effort to regulate dispensaries, said the perception that marijuana businesses are a blight on Colorado Springs is driven by scare tactics from opponents, including neighborhood groups, police and prosecutors.

“My intuition tells me people would rather have reasonable regulation on a taxable commodity in a controlled situation rather than trying to turn back the clock,” he said. “A ban is an engraved invitation to endless litigation.”

Steve Wind, a northern Colorado Springs father of five, says marijuana leads to grief.

“I had two beautiful daughters who died as a result of drugs,” he said. “Marijuana was their entry way drug, and they died as a result.”

Wind has been one of the loudest voices backing a dispensary ban. He has argued at every opportunity to the City Council, including demanding a ban at a meeting last week.

But until recently, his was a lonely voice.

“I hope we can get enough momentum and get this thing on the November ballot,” he said.

Now, four of nine members on the Colorado Springs City Council have called for a ban vote.

City Councilman Darryl Glenn said he thinks his colleagues overreached last week when they voted 6-3 to regulate medical marijuana businesses in the city.

“The voters of this community deserve to determine if we want to take that leap,” he said.

Getting a ban would require the City Council to refer a ban to voters or enact its own ban, or a group must start a petition drive to get the measure onto the ballot.

Businesses could help make that happen.

Stephannie Finley with the Greater Colorado Springs Chamber of Commerce, said her organization stayed on the sidelines until last week, when businesses urged a ballot measure for a ban.

“Our members are just asking for a right to have their say,” Finley said.

A chamber poll of 120 business showed 60 percent want a vote on a ban, Finley said.

El Paso County commissioners in June will consider a ban, among other options, as they revisit temporary regulations allowing dispensaries in the county, said Commissioner Wayne Williams.

Legislation authorizing local bans passed the General Assembly in May and is awaiting Gov. Bill Ritter’s expected signature. Other Colorado communities, including the city of Aurora, are exploring bans.

Brian Vicente, executive director with the pro-medical marijuana group Sensible Colorado, said the state measure will wind up in a court battle as soon is Ritter signs it. A key target of any suit, he said, is the ability of cities to ban dispensaries, which he calls unconstitutional.

“Any cities that take that step would subject themselves to a lawsuit,” Vicente said.

Colorado Springs Republican Rep. Bob Gardner, who practices business law, said the prospect of going to court shouldn’t cause cities to embrace dispensaries. He said the fight to regulate dispensaries would be more protracted.

“I have become convinced that it will be a constant battle and a ban on dispensaries is the most appropriate thing to do,” he said.

Colorado Springs Democratic Sen. John Morse hasn’t taken a position on the ban efforts.
He’s trying to balance the concerns over dispensaries against the reality that some people need marijuana to treat their illnesses.

“We have some people who are suffering immeasurably,” he said. “I don’t know that there are many Coloradans at all who are opposed to  them get the help they need.”

MARIJUANA MOVES
Local governments are working out ways to regulate medical marijuana ahead of new state standards that would license dispensaries.
• In Colorado Springs, city leaders have given preliminary approval to zoning rules and temporary permits that would allow dispensaries to remain open before they acquire state licenses.
A final vote on the temporary rules is set for June 8.
• In El Paso County, commissioners are working this month to revise temporary marijuana business rules that expire June 17.
A hearing on those regulations, including a possible debate over whether to ban dispensaries outright, is set for June 10.