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Rules proposed for city's marijuana clinics
10/6/09 | The Durango Herald | Shane Benjamin

The Durango City Council will consider a new ordinance tonight that governs medicinal marijuana dispensaries in the city, including a rule that requires clinics to install an alarm system with video surveillance.

The proposed ordinance also addresses when, where and how marijuana providers can operate.

In August, Durango Police Chief David Felice raised concerns about the lack of regulation and oversight of dispensaries in the city. In response, the City Council approved an emergency ordinance temporarily suspending the issuance of business licenses to marijuana providers until guidelines could be drafted.

Coloradoans voted in 2000 to legalize medical marijuana, and dispensaries proliferated this year after the federal government announced it won’t perform raids on state-sanctioned businesses. There are four dispensaries in Durango – all of them opened this year.

The draft ordinance is largely a compromise between city staff members and marijuana providers, said City Manager Ron LeBlanc.

“The process was good,” he said. “I think it’s going to be a win-win all around.”

Under the proposed ordinance, dispensaries cannot be located within 500 feet of schools, day cares and public parks. They could operate in commercial districts, but not residential areas, including as home businesses.
Hours of operation would be limited to 8 a.m. to 8 p.m.

Dispensaries would be required to have an alarm system that notifies law enforcement if the business is burglarized. The alarm system must be equipped with video and voice surveillance.

Clinics that house prescription drugs have a similar requirement, LeBlanc said.

Likewise, inventory containing marijuana will need to be placed in a locked and secure safe while the business is closed.

Three of the four dispensaries contacted Monday said they have no problem with the security measures proposed in the ordinance, but some would have to make upgrades to be in compliance with the law.

Dispensaries would need to apply for a store-front sign through the Planning Commission. No exterior signage could use the words “marijuana,” “cannabis,” or any other word or phrase commonly understood to refer to marijuana.

That may come as bad news to Eric Gay, owner of Holistic Hemp LLC on Florida Road, who has a store-front sign but doesn’t use his office as a walk-in clinic.

“I don’t know if I would be grandfathered in,” he said. “I don’t plan on changing my business name.”
Other proposed rules include:

- No smoking of marijuana – even if obtained legally – within 15 feet of dispensaries.
- Dispensaries could not employ anyone younger than 18.
- All owners of dispensaries must undergo a criminal background check when seeking an application or renewal.

Nate Fete, manager of Nature’s Medicine, 129 E. 32nd St., said it’s a good ordinance so far.

“I thought we did a really good job of figuring out what would be best for the city of Durango,” he said.

Mark Busnardo, co-owner of Durango Healing Center, 473 E. College Drive, said he’s also OK with the proposed ordinance. But his business currently stays open until 9 p.m. Friday nights, so he might have to change his hours.

The purpose of the ordinance was to help residents and public officials better understand marijuana dispensaries and feel better about their legitimacy in the community, Busnardo said.

Gay, with Holistic Hemp, said it’s unfortunate an ordinance is needed, and people don’t understand the medicinal qualities of marijuana.

“I think there’s just a whole lot of fuss over this, and there shouldn’t be,” he said. “It’s safer than alcohol; it’s safer than most prescription drugs.”

shane@durangoherald.com


Note: Good thing? Bad thing? I personally think it's pretty good. Government regulation gives it more of a feel of legitimacy.

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