Consequences of proposed Steamboat marijuana ban unclear

Saturday, June 11, 2011

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Ballot question

Shall the city of Steamboat Springs, Colorado, ban the cultivation, manufacture and sale of medical marijuana, including the operations of medical marijuana centers, optional premises cultivation operations, and the manufacture of medical marijuana-infused products, unless such person does so as a patient or primary caregiver as authorized by Art. XVIII, Sec. 14 of the Colorado Constitution and pursuant to regulations enacted by the city; further authorizing the city to codify this ban in the municipal code?

Yes or No.

An alternative

Steamboat lawyer Adam Mayo has lectured statewide about what he calls the patient collective model. He said Amendment 20 allows patients to grow medical marijuana in the same space and gives them the right to assist one another.

Mayo said it makes more sense for patients to grow together instead of trying to raise as many as six plants in their homes, especially if they are prohibited from doing so by their landlords, can’t afford expensive equipment or don’t want to grow around their children.

Mayo added that patients would not be required to conform with House Bill 1284, legislation created to regulate the state’s medical marijuana industry.

“I think that’s the problem with banning the stores. The stores are heavily regulated and taxed,” he said. “If you ban and force everybody into these collectives, the state loses all control.”

Mayo said the only restrictions he envisioned were local land-use and zoning regulations. But he said existing Steamboat dispensaries already conform to those rules and could use their grow operations for patient collectives. Mayo said it would operate like a landlord-tenant arrangement.

No plans yet

Kevin Fisher, co-owner of Steamboat dispensary Rocky Mountain Remedies, said the business’ goal was to provide medication to patients who need it. Because the patient collective model exists in a legal gray area, Fisher couldn’t say whether Rocky Mountain Remedies would serve as a consultant and offer grow locations for patients if voters passed a ban on businesses.

“It’s something we’d consider, but we’d have to see the legal ramifications,” he said.

Laura Kriho, of the Boulder-based Cannabis Therapy Institute, said she asked Mayo to give a presentation about the patient collective model in October on the Front Range after hearing about it. Kriho said every lawyer who she’s had review the model said Amendment 20 allows it, but it’s still an untested concept.

“It’s a whole new area,” she said. “Nobody’s written about these patient collectives much at all.”

Kriho added that if Steamboat residents did approve a ban, patients still would find a way to get medical marijuana.

Getting the message out

Colorado voters approved Amendment 20, which was supported by a majority of Routt County residents, in 2000. But it took nearly a decade for the industry to take off. Steamboat’s three dispensaries opened in 2009 and have been regulated by ordinance the city approved in January 2010.

The suggestion to ban medical marijuana businesses came at a City Council meeting April 5. Steamboat Springs Police Department Capt. Joel Rae and Dr. Brian Harrington, of Yampa Valley Medical Associates, asked City Council members to consider a ban.

Since then, Steamboat residents Lisa Watts and Dr. Kelly Victory have created a group opposing local medical marijuana businesses.

At Tuesday’s City Council meeting, Quinn said he just wanted people to understand what could happen if residents ban medical marijuana dispensaries, grow operations and infused-product makers.

“My overwhelming concern is we’re not putting on the ballot what people think,” he said. “It’s doing away with the taxation and regulation. That has me concerned.”

To reach Jack Weinstein, call 970-871-4203 or email jweinstein@SteamboatToday.com

More like this story

Scott Wedel 1 year, 11 months ago

As for Adam Mayo's theory of collective cultivation, I am not a lawyer, but seems to me that scheme is fatally flawed because it is an open invitation for the feds to bust it. Feds have made it clear that they can bust any operation they chose. So far have been limiting their busts to those not conforming to state law. Well, if something is arguably legal at state level then the Feds can simply end that argument and bust it themselves.

What is interesting about HB 1284 is that it sets up such a tightly regulated framework that it allows the State of Colorado to argue that there is no interstate commerce and so it falls under 10th Amendment states rights. So then dispensaries would have a legal argument if busted by the feds instead of the current situation where dispensaries hope that Feds won't bust them and maybe the jury or judge would be unimpressed and not punish them. (As the federal judge did when the feds busted Oakland California's official mmj grower by sentencing him to one day, time already served).

But it appears that the State, not the defendant, is only ones allowed to argue 10th Amendment states rights so unless the State of Colorado is willing to go to Federal court and present arguments for the mmj owner then that defense cannot be made. Thus, something which the State of Colorado would probably view as an evasion of State law is not likely to be defended by the State in a federal courtroom. It is an evasion of state law because a dispensary is a collective of mmj patients' recommendations to grow and thus is the mmj collective, but with registered people in charge. So proposing a collective that is less clear of whom is in charge and avoids the state regulations from HB 1284 can reasonably be viewed as evading HB 1284.

The bigger issue of what happens if dispensaries are banned in Steamboat is whether their customers will travel to get it legally or simply go back as they were doing earlier and buy it illegally from their drug dealer. We should be willing to be honest enough to acknowledge that the vast majority of mmj patients were using mj illegally before dispensaries allowed legal access.

mtroach 1 year, 11 months ago

Don't forget in all this that one of the main issues was the radio ads and full page newspaper ads that drew unwanted attention from this towns parents. Those were run by an out of Steamboat provider and will not stop if Steamboat bans dispensaries. In fact the Milner dispensary will be in position to capture all of the Steamboat market, and the owner will have more income for bigger ads.

Let's also not forget that every MMJ dispensary customer has a MMJ 'script from a doctor. If the medical community is up in arms over MMJ it's because they are to blame for ignoring prescription guidelines and are making a medical exemption available to patients that do not use MMJ as medicine, but are bastardizing the system for their recreational uses. Much like Rush Limbough did for his Oxycontin "needs".

All of Colorado needs to get doctors under control and the recreational use of MMJ could easily be curtailed. Require patients to have a ongoing doctor/patient relationship for every MMJ 'script. Pharmacies do not keep refilling prescriptions at the patient's request, a separate prescription is needed for each refill, and many times a new prescription is only granted after a office visit.

Why is MMJ any different?

1999 1 year, 11 months ago

I agree mt roach...if we look at the big picture and note WHERE the system is breaking down...we can easily fix the problem.

by banning dispensaries we are giving the illegal drug trade a boost and digressing on MMJ regulation.

sledneck 1 year, 11 months ago

I have been astounded by the volume of comments and the fervor the "pot" topic generates. Frankly folks, it's gettin old; and I direct that comment to the Steamboat Pilot also.

I wanted to send the front page of June 8th Pilot (I think) to my 82 year old, conservative parents so they could read about the flooding here; something they are interested in. They don't do the "e-mail" thing so I occaisonally send them a newspaper clipping.

I had to laugh when I realized the front page flooding article was accompanied by yet another headline about pot. So my folks (my 82 year old conservative parents) will be getting a front page with a story that might as well say (to them) everybody in this town is a freakin stoner. Great job Pilot and great job everyone for beating this dead horse into the dust.

This is what happens when people beg for their rights. It's very unbecomming. Instead of just smoking, drinking, growing, etc whatever you want you are instead so beholden to gubbamint for permission that you feel compelled to ask for "permission" to smoke pot under the guise of "medicine". The funny thing is, if some of you leftists who like weed so much had thought about electing representatives who would LIMIT government maybe you would already be free to smoke weed WITHOUT a ginned-up perscription! It's kind of ironic, the big government you elected to plunder your neighbors' stuff on your behalf is the same one keeping you from your desired freedom. Funny, no???

Troutguy 1 year, 11 months ago

As I understand the MMJ laws, the doctor does not issue a prescription for MMJ. It is just a recommendation. That's the way Colorado bypasses federal law pertaining to prescriptions. Also, a doctor can give a prescription that has multiple re-fills just so the patient doesn't need a physican visit every time a prescription is needed.

Troutguy 1 year, 11 months ago

Last I checked, Marijuana was illegal under many Conservative, keep the Govt. out of my life administrations over the years. Conservatives only spew rhetoric about smaller Govt. when it fits their agenda. When it comes to being gay, women's rights, or what I want to put in my body, they're all about Big Govt. in our lives. Obama was the one to tell the DEA to leave MMJ alone as long as they followed rules set up by the States themselves. How many dispenseries have been raided since Obama took office? How many under the previous, Conservative, we need smaller Govt. administration?

kevin fisher 1 year, 11 months ago

The Coalition Against Insurance fraud estimates that drug diversion (illegal acquisition of prescriptions for sale on the black market) drains health insurers of up to $72.5 billion a year.

Illegal dealers love that number; I'm sure they would be plenty pleased if we sent MMJ back to the black market, as well.

sledneck 1 year, 11 months ago

Trout, You are, of course, exactly right about conservatives being omnipotent busybodies too. I should have made that clear. Instead of saying "leftist" I should have said: "big government loving, run everybody's life, never ending war, patriot act renewing, in my affairs meddling, drunk sailor spending, gitmo non-closing, war in Yemen and Libya starting, big subsidies for the rich and poor givin, naked picture sending, excuse making, LIARS who call themselves friends of America. THATS what I should have called them!

What I said stiil remains: The same big government that people use to plunder and manipulate their neighbors is gubbermint that keeps you from legally smoking pot in the privacy of your own home.

kevin fisher 1 year, 11 months ago

Medical and scientific organizations based in the United States that support access to therapeutic cannabis include:

the American Academy of Family Physicians (1989, 1995); American Academy of HIV Medicine (2003); American College of Physicians (2008); American Medical Association's Council on Scientific Affairs (2001); American Medical Students Association (1993); American Nurses Association (2003); American Preventive Medical Association (1997); American Public Health Association (1995); Association of Nurses in AIDS Care (1999); Federation of American Scientists (1994); HIV Medicine Association (2006); Institute of Medicine (1982 & 1999); Kaiser Permanete (1997); Lymphoma Foundation of America (1997); National Association for Public Health Policy (1998); National Nurses Society on Addictions (1995); and Physicians Association for AIDS Care

Groups who do not:

Routt County Citizens United...i.e. Lisa Watts and Kelly Victory. Boy, we had better listen to them; Forget all them there doctors and scientists.

Troutguy 1 year, 11 months ago

Thanks for the clarification. I should probably explain myself too. Instead of saying "Conservative", I should have said "Small govt. loving (unless their social engineering agenda calls for govt. intrusion), run everybody's life, 2 unfunded never-ending war starting, Patriot act starting, in my affairs meddling, drunk sailor spending, big subsidies for the rich and poor hatin, 'wide stance' in the airport bathroom stall toe tapping, excuse making, liars who call themselves friends of America. I'll also throw in environment, clean air and water hating, "defecits don't matter", trickle down economic Corporate lapdogs. (Sorry to steal some of your own descriptions, but they're a good fit for both parties). Hey, this is fun. Anyway, back to the MMJ issue. This is right down the GOteaParty's alley. Personal freedoms. Big Govt. out of our lives. Less Govt. spending ($15 billion from the Feds alone on the war on drugs last year). One of the big complaints about Obamacare is it would put Govt. between me and my doctor. Isn't banning dispenseries doing the same thing? My doctor recommends MMJ for me, but my Govt is going to make it hard to get. Put MMJ back on the black market I guess. What harm could that do? The gospel of the GOteaParty is less regulation. There will definitely be less regulation on MMJ if dispensaries are outlawed.

Troutguy 1 year, 11 months ago

Just stumbled upon this gem. I've heard of the defecit clock, but never a 'war on drugs' clock.
http://www.drugsense.org/cms/wodclock

JLM 1 year, 11 months ago

Oh, boy, another article about..........................................................MEDICAL marijuana! Wonderful.

Let's face the facts, the entire MMJ debate is about "getting over" on the Federal drug laws and is an attempt to somehow make State law trump Federal law.

The fact that State law is always subservient to Federal law except in very limited applications and the fact that Colorado modified its Constitution to boot, are really at the end of the day just tactical considerations.

MMJ is really all about legalizing marijuana and the MEDICAL angle is just a sham.

There is not a single disease for which MMJ provides "relief" in which the efficacy of MMJ is in the top 5 treatments for that particular disease. It is just one step removed from "cold lemonade" which also provides relief from many similar maladies.

And I suspect that if one could get high on lemonade, there would be a lemonade stand on every corner. But I digress.

The City of SBS has a legitimate police power --- taxation, eminent domain, public welfare and escheat --- in overseeing the development of otherwise legal businesses within its jurisdiction.

It is this authority which is the foundation of zoning, subdivision, utility and other municipal regulatory schemes.

To decide that an otherwise legal business must conform to local restrictions within the police powers of the City of SBS is not even a close call.

While MMJ is legal under the State Constitution, there is no assurance that one is "entitled" to anything other than the local regulation of an otherwise State granted right.

At the end of the day, this is all just so much nonsense.

sledneck 1 year, 11 months ago

What can I say Trout. I guess YOUR emporer will always wear clothes.

Do you know how utterly ridiculous it sounds when someone that defends modern liberalism as much as you have rails AGAINST those very things which modern liberalism has vomited into reality? I don't think you do. I think, like so many, it's not about reason or logical conclusions it's about pulling the handle and getting a pellet.

Bitchbee 1 year, 11 months ago

http://www.justaplant.com/story/15end.html

check this one out ( For the Parents who dont know how to deal)

mavis 1 year, 11 months ago

Finally.... some other people are voicing their "I've Had It" with the pot articles. My family jokes that it's became the "High Times" and really it's getting OLD.

mmjPatient22 1 year, 11 months ago

mavis-

But the fact remains the same that none of you can defend the illegality of cannabis at a federal level. THAT gets old. The fountain of wasted money that we all spend on futilely pursuing a war against this plant, and those that choose to use it, needs to be stopped.

Have you joined up with the "Routt County Cannabis Haters" group yet? I'm sure that you could find some highly agreeable people in that group.

housepoor 1 year, 11 months ago

Funny how different the 700 issue was treated. Despite stronger public opinion on wanting 700 to be put to a vote the council still forced a petition to get it on the ballot. Now a few want to ban pot and the council grants them a vote just like that? In all fairness this group should be forced to get the signatures necessary to put it on the ballot!!! Or is just a case where the council was looking out for their individual interests in forcing a 700 vote??

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