Despite objections to revise the city’s retail marijuana ordinance earlier this month, municipal leaders agreed this week that changes were needed.
On Oct. 14, the Cortez City Council refused to modify Ordinance No. 1192 to allow commercial marijuana grow operations inside the industrial park. Their unwillingness to change the 18-page ordinance, which limits ganjapreneurs to the city’s business district, was due in part to months of planning and the staff time required to adopt the law.
“Going back to the drawing board would be counterproductive,” said Mayor Karen Sheek.
At its most recent meeting on Tuesday, Oct. 28, city leaders sang a different tune. The mayor even apologized for the city’s lack of attention to detail when the law was adopted in late August.
“I do apologize,” Sheek told a disgruntled ganjapreneur Tuesday. “We all feel badly.”
At question was whether a currently licensed medical marijuana dispensary at 1104 E. Main St. could apply for a retail marijuana license at the same location. Language contained in Ordinance No. 1192 requires a 1,500-foot setback from public parks. The current dispensary is located within 1,500 ft. of Parque de Vida.
In July, the city approved the ownership transfer of the medical dispensary and cultivation center under scrutiny to Jonny Radding and Aaron Mills. After learning of the zoning requirement, the business partners requested a waiver.
“We’re nervous and frightened,” Radding told municipal leaders. “This has been a big kick in the stomach for us.”
Radding explained that he had acted in good faith to purchase the dispensary with plans to open a coexisting retail store after city officials confirmed a recreational operation would be permitted at the location. He subsequently invested $175,000 just to secure a retail license, and without a waiver, Radding said he’d be unable to support his wife and child.
Records show a 500-foot parks setback was included in the city’s original 2010 medical marijuana ordinance, but the provision was removed in 2012 after the state didn’t require such a zoning regulation. The 1,500-foot provision was inadvertently included when the 2014 retail marijuana law was drafted.
Instead of offering a waiver, City Attorney Mike Green suggested that the council amend the current retail marijuana law to remove the parks setback requirement.
“Waivers allow people to break the law,” said Green. “It would be cleaner and better from a legal standpoint to amend the ordinance.”
Planning and Building Director Kirsten Sackett reassured council members that an amended ordinance would still limit retail marijuana stores to the city’s central business district and cap the total number of retail outlets to about seven.
Council members were in consensus to remove the parks setback stipulation and directed staff to present an amended ordinance at their November meeting. The revision is subject to a subsequent public hearing.
After the meeting, Radding said he was thankful the city was willing to take the necessary steps to resolve the issue.
“This industry is confusing, and the laws are always changing,” he said. “I don’t blame the city at all; instead, I applaud them for listening to us and understanding that we were in a tough predicament.”
Formerly True Earth Medicine, DO Cortez hopes to re-open the dispensary to medical marijuana patients within weeks, said Radding. It remains unknown when DO Cortez would open retail marijuana operations.
The city’s refusal to amend the retail marijuana ordinance last month came after a local resident suggested commercial grow operations be allowed at the industrial park. It was argued such a measure could potentially quell complaints about odors that emit from such businesses if one opened to adjoining businesses and homes.
On Tuesday, city personnel were not instructed to amend the ordinance to permit marijuana businesses in the industrial park.
