Perry “Eddie” Sheets of Lewis just wants to start a farm, but the type of crop is problematic, a quasi-legal drug requiring permission from the Montezuma County commission to grow commercially.
While Colorado has legalized recreational use and cultivation of marijuana, cities, towns and counties can decide to prohibit its cultivation for retail purposes.
A 2010 resolution banned commercial grow sites and retail stores for medical marijuana in unincorporated parts of the county. And the commissioners appeared reluctant to change the policy, but said they would consider it.
“I cannot begin the permit application process with the state because of the moratorium. I am asking you to consider lifting the ban to allow my business to go forward,” Sheets said during Monday’s meeting. “I’m trying to start a nice legal business, employ some people and try and make a profit.”
Since Amendment 64 passed in November last year, using and growing pot for recreation became legal under the state constitution, but with stipulations, heavy regulations and oversight.
Pot is regulated like alcohol to a degree. Users must be 21 and over; driving under the influence is prohibited; use by minors is illegal; use in public is not allowed, and selling pot without a retail license is banned.
In addition to rolling their own, Colorado residents over 21 can grow their own as well, up to six plants — three in the flowering stage, and three in the vegetative stage. Possession is limited to one ounce.
But commissioners were hesitant to allow retail sales and cultivation beyond the allowable grow limits and possession for personal use, which cannot be banned. They cited conflict with federal laws banning pot, liability issues, and the negative influence of drugs in general.
“If it were hemp that would be one thing and I might be interested,” said commissioner Larry Don Suckla. “But I would not vote to lift the ban. I don’t feel the benefit is there, and I’m not willing to go there until it pans out more.”
There are tax benefits written into the amendment, including the first $40 million collected from taxes to benefit infrastructure for public schools.
Colorado voters will be asked to approve a tax structure for recreational pot in November. A proposed 15 percent excise tax on retailers buying from cultivators would go into the state general fund and help finance schools in the state. Each school district would get a portion of the revenue regardless if their community allows for pot sales.
A sales tax is also proposed, of which a portion would be earmarked to benefit cities and counties, but only if they allow retail sales.
If the county chooses to allow retail sales and commercial cultivation, they can adopt the state regulations, adopt their own regulatory structure, permits and fees, or some combination of both.
Voters approved legalizing medicinal marijuana sales in 2000. Recreational pot passed last year by a 52 percent margin statewide, but it did not have as much support in rural counties. Skeptics question its value even for medicinal use.
“Medicinal marijuana is a liability because it has not been approved as a legal drug by the FDA, so the county rejected allowing medical shops based on that in 2010,” said commissioner Steve Chappell, referring to non-municipal areas. “I have not seen it do a lot of good.”
Commissioner Keenan Ertel is concerned that the drug is still illegal federally, creating a legal quagmire for states including Colorado and Washington who have legalized it for recreation use.
“The feds consider it illegal. I’m not sure I am ready to step into that chasm,” Ertel said. “We could be liable.”
Sheets said he is willing to take the risk, and feels the U.S. is at a tipping point for widespread legalization.
“I believe other states will follow Colorado’s lead and legalize marijuana. It is not as potent as alcohol and it is a well-regulated crop,” he said. “But it all depends on the commission lifting their moratorium. I want to start my business here and not have to relocate. It would provide a lot of revenues for the community and help us prosper.”
Sheets said there is a misconception that pot is easily grown.
“You don’t just throw seeds on a ditch bank. You have to be a farmer to grow quality marijuana. The regulations make it a cleaner agricultural product than vegetables at the grocery store,” he said.
He assured the commission his operation would have sufficient security. He would live on site, and the operation would be totally fenced and include video surveillance.
“I’ll have to give some thought to rescinding the current resolution banning commercial operations,” Ertel said. “We need time to consider the best way to proceed.”
