The ordinance means that through March 31, 2010, any dispensaries that want to open in Boulder may only do so if they are at least 500 feet away from schools or licensed daycare centers, are not within 500 feet of three or more other dispensaries, and are not located in residential areas.
The rules do not apply to the 42 businesses that have already pulled sales-tax licenses with the city, or the 21 or so dispensaries that applied for permits prior to Nov. 6.
Westword reports the Boulder City Council may have made an "oops" and authorized all marijuana sales, not just those for medical marijuana:
According to Kriho, the council-validated passage describes a medical-marijuana business as "(a) any establishment that makes available marijuana in any form to any other person in exchange for money, goods or services, or (b) possession of more than six marijuana plants or more than two ounces of a usable form of marijuana, unless the possession is by a patient or primary caregiver as defined in Article XVIII, Section 14 of the Colorado Constitution."
The first part of this text uses the word "marijuana," not "medical marijuana," as well as the phrase "any other person" as opposed to "patient" or something along those lines. "To me, it seems like they made all marijuana dealers in the city legitimate medical-marijuana businesses," Kriho says. As for the second part of the definition, she says, "Who has six plants who's not a patient or a medical-marijuana business? A drug dealer."
Background on the Boulder resolution is here. The State Board of Health will hold another hearing on the caregiver definition on December 16. This time, the Board will listen to those who oppose it, both via written testimony and public comments. Details of the Colorado Court of Appeals decision that is spurring the Board of the Health to action are here.
Today at noon, the Colorado Bar Association is holding a CLE program, Truth or Fiction: What Does it All Mean?
The Facts, the Law and the Media
- Federal Government vs States Rights
- Uniquely Colorado: Home Rule, Constitutional Provision Art 18 Sec 14.
- Caregivers before and after August 20, 2009
