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Cortez council advances retail pot law

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Thursday, Aug. 14, 2014 9:27 PM

The Cortez City Council voted 5-1 Tuesday to accept a draft ordinance to regulate retail marijuana sales. Final passage is subject to a public hearing on Aug. 26.

The vote to set a public hearing on Ordinance No. 1192, Series 2014, was nearly delayed on Tuesday, Aug. 12, when council member Bob Archibeque suggested the agenda item be tabled because council member Tom Butler was absent on official city business.

“The full council should decide,” Archibeque said. “To eliminate one of our soldiers is not the way to go.”

City leaders ultimately decided to proceed with the planned first reading of the ordinance in order to give the three dozen audience members in attendance an opportunity to express their opinions. No one voiced public opposition to the proposed law.

A 73-year-old retired nurse was one of four audience members to encourage council members to expand marijuana legalization, saying the plant was a “natural substance” that helped to ease her joint pain. She said she never had a patient suffering from marijuana related ailments, unlike the numerous patients she treated for alcohol and prescription medication abuse.

“I support marijuana,” the woman said to a round of applause.

Archibeque, the lone opponent to accepting the city ordinance, told The Cortez Journal after the meeting that he voted against the measure because he was uncertain of the community’s desires on allowing recreational marijuana in Cortez.

“I’ve received mixed feelings from residents,” he said.

Archibeque was the only council member to tour all the city’s medical marijuana dispensaries before Tuesday’s vote. He also visited marijuana businesses in Durango and Telluride, he said, because he wanted to make an informed decision.

“I wanted to go in with my eyes and mind wide open,” said Archibeque. “I wanted to examine all sides of the issue.”

A high school coach for the past four decades, Archibeque said his “top priority” was the potential impact of the city’s marijuana reforms on the city’s youths.

“Substance abuse can take a kid’s dreams away,” he said.

The proposal would allow adults 21 and older to buy retail marijuana from a licensed dealer. Archibeque said he was mindful that children could easily purchase marijuana off the black market.

“I’m concerned about the increased availability,” he said.

Nathaniel Fete, co-owner of the Beacon Wellness Group, told city leaders on Tuesday that local gangapreneurs work hard to comply with industry regulations. Fete added that his company spends a lot of time, energy and money to train employees how to avoid underage sales. Fete operates one of four medical marijuana dispensaries in Cortez,

“There’s a cloud over us as stoners and pot heads, but knowing a bunch of the owners out here; we do business right,” he said.

Council member Ty Keel made the motion to set a public hearing on the proposed ordinance, and council member Orly Lucero seconded. Mayor Karen Sheek said that the council’s decision on Tuesday was simply to set a public hearing on the proposed ordinance, adding that the law had yet to be ratified.

After the meeting, Fete said he was more surprised there were talks to table the agenda item on Tuesday rather than the outcome of the final vote.

“It’s a work in progress,” he said. “We’re excited, and we’re still plodding along.”

tbaker@cortezjournal.com

Pot brownies would be banned if law passes

Under the proposed ordinance to regulate recreational marijuana in Cortez, local gangapreneurs would not be allowed to bake their own brownies.
City Attorney Mike Green said Ordinance No. 1192, Series 2014, if enacted, would not permit retail dispensaries to manufacture marijuana infused products. The ordinance would only license recreational owners to cultivate, sale and test marijuana.
Green cited the lack of state approved testing facilities as the reason city staff recommended prohibiting the manufacture of retail marijuana infused products in Cortez. All manufactured marijuana infused products, including every batch of brownies, are subject to testing to ensure proper THC levels, the psychoactive ingredient in cannabis.
“There’s still only four testing facilities up and running, and they’re all on the Front Range,” Green said.
Despite the retail ban, the city does allow medical dispensaries to manufacture marijuana-infused products. Green described “small issues” had surfaced regarding code violations with one medical dispensary licensed to manufacture infused products, but added the city has not issued any show cause hearings or taken disciplinary actions against any local gangapreneurs.
Medical dispensaries have asked the city to reconsider its ban on retailers wishing to bake marijuana brownies. Nathan Fete, co-owner of The Beacon Wellness Group, said his company didn’t have a commercial-grade kitchen to properly prepare marijuana edibles, but other local businesses did have that capability.
“If a business has the equipment to bake and cook, then they should be allowed to make edibles,” said Fete.
Garrett Smith, owner of The Herbal Alternative on Lebanon Road, said the same process remained whether manufacturing infused products for medical or retail customers. His dispensary also lacks the proper equipment to manufacture edibles.
“There’s a lot of consumer demand for these type of products,” Smith said. “We could easily see our revenues double, probably more.”
While dispensaries would be prohibited from manufacturing their own marijuana edibles, gangapreneurs could still sell infused products if the ordinance passes.
“All of the edibles would have to be bought from (outside) wholesalers,” said Green.
Green said city staff was working to develop inspection guidelines and standards for local businesses wishing to manufacture retail marijuana edibles and lotions. Pending city council approval, retail dispensaries could potentially obtain manufacturing licenses in the future, he said.
“The city council can always come back and change (the law) later,” said Green. “Right now, it appears we aren’t ready to handle manufacturing, because of some unknowns regarding the inspection process.”
The Medicine Man is only local medical dispensary licensed to manufacture marijuana infused products in Cortez. Attempts to reach the business for comment were unsuccessful.
tbaker@cortezjournal.com

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