City council members Tuesday heard two hours of sworn testimony and reviewed more than 75 photographs before voting to renew a conditional cultivation license for a Cortez medical marijuana dispensary.
The city council voted 5-1 at their meeting Tuesday night to approve a cultivation renewal license for The Medicine Man medical marijuana dispensary at 310 E. Main Street. The approval included multiple stipulations, which ban sales until a certificate of occupancy is obtained, allows access to the building only to keep current plants alive and includes a warning that a disciplinary hearing could be ordered if all local and state laws are not followed.
The lone opposition to the measure was council member Tom Butler, who maintained the business owner has purposely disregarded public safety.
“Making a mistake is one thing, but a lot of this appears intentional,” Butler said. “I’m reluctant to grant the license.”
Last week, a number of city and state officials conducted what was supposed to be a routine inspection of the building as part of an annual licensing renewal process, but they discovered numerous building code violations. City officials closed the business last Friday, citing the structure as unsafe for human occupancy.
Cortez Fire Chief Jeff Vandevoorde confirmed the failed inspections and told council members Tuesday that the dilapidated building topped his list as the worst fire hazard he’s ever witnessed, adding he would never send his firefighters into the structure if it were ablaze.
“We wouldn’t go into a building like that,” he testified before city council. “All we would be able to do is try to protect the surrounding properties.”
According to a fire department report, inspectors discovered numerous electrical code violations throughout the building. Improper wiring, frayed electrical wiring, extension cords used as permanent wiring and unsecured electrical panel covers were all cited.
“In the mechanical room, temperatures soared above 100 degrees, and 1 1/2-inch electrical conduit was extremely hot to the touch,” said city fire and building inspector Sean Canada. “We were very concerned about the potential of both fire and electrical shock hazard.”
Following the inspection, officials decided the best course of action was to cut power to the building and close the business. Just before 2 p.m. on July 19, police took control of the keys to the building.
Records show the failed inspections relate to a 2011 permit to expand and renovate the existing building for cultivation purposes. Project designers were instructed to consider multiple fire, safety and sanitary requirements in regard to high temperature grow lamps, watering systems, ventilation and security.
Officials said permit holders are responsible for notifying inspectors during construction to ensure design specifications are met. Most of the renovation efforts at the dispensary had neither been designed nor approved when inspectors closed the business last week, said city building official Sam Proffer.
In addition to the electrical dangers, Proffer also said that previously inspected and approved fire barriers were dismantled, the fire alarm system and exit lighting were improperly installed, exit corridors were blocked, and fire extinguishers were missing.
“Due to the quantity and severity of the dangers to both the occupants of the building and to neighboring properties, the decision was made to order the building vacated and electrical power removed until remediation was completed,” Proffer said.
Owner Gilbert Garcia told council members that he accepted responsibility for the code violations and said he would work to ensure the violations are addressed.
“We will do whatever we have to do to meet the codes,” he said.
Garcia and his wife, Sherry, have owned and operate the dispensary since 2010. The couple said they have been responsible citizens and local business owners in the community for nearly 20 years.
Despite the many code infractions, city inspectors recommended to council members that the renewal license for cultivation be granted for the dispensary, as long as the code violations were properly addressed.
“These are serious violations, but they are fixable,” city attorney Mike Green told council members.
Council member Karen Sheek, who moderated the proceedings in Mayor Dan Porter’s absence, agreed that jerry-rigged electrical system was a grave concern but added she didn’t want to close the business completely.
Council member Bob Archibeque said he simply wanted to help protect the health and safety of the employees, patients and surrounding business owners.
“This is a community effort, a team effort,” he said. “We have to take care of each other. That’s what’s important.”
In addition to the many building code violations, the Cortez Police Department identified “significant areas of non-compliance with the rules established by the Medical Marijuana Enforcement Division.” Those violations included an inadequate security door, improper product labels on edibles, the discovery of nine unlabeled syringes containing a brown liquid substance, and plants not properly marked with patient numbers.
A Medical Marijuana Enforcement Division inspection report reveals The Medicine Man has more than 200 patients, meaning the business is allowed to cultivate more than 1,200 marijuana plants. Inspectors noted that 552 plants were growing last week.
“Our patients need us,” said Sherry Garcia. “Some of them are on their deathbeds.”
