HomeMy WebLinkAbout3.0 Staff ReportExhibits
Exhibits to the public hearing on June 4'h,2OLZ (continued to June t}th,2OL2l regarding a text
amendment to the Land Use Code adding new regulations regarding Optional Premises
Cultivation Operations (OPCO)for medical marijuana also known as 'grow operations'
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Exhibit
A Public notice (publication in the Citizen Telegram tendered to County Clerk)
B Garfield County Land Use Resolution of 2008, as amended (by reference)
c Garfield County Comprehensive Plan 2030 (by reference)
D Staff Report dated June 4,2012
E Staff PowerPoint Presentation dated June 4,2012
New Exhibits for continued public hearing on June L8,2072
F Revised Staff Report dated June t8,2OL2 with Revised Exhibit A
G Resolution
H Letter from Lauren Maytin received on June 72,zOLz
I Email from Ken Klippenger dated June 12,2072
J Letter from Damien Horgan dated June !2,2OL2
MEMORANDUM
EXHIBIT
!ooa
TO:
FROM:
RE:
DATE:
Garfield County Board of County Commissioners
Fred A. Jarman, AICP, Director, Garfield Building and Planning Departme ^il^
Text amendment to the Gorfield County Zoning Resolution of 2008, as omended, to
add new reguldtions regording an Optionol Premises Cultivotion Operotion (OPCO)
for Medical Marijuona
June 18,2012 (continued from June 4, 2072l,
CONTINUED PUBLIC HEARING: JUNE 18,2012
The Board of County Commissioners (The BOCC) opened a public hearing on Monday, June 4,20tz
after proper public notice was established. The BOCC then heard a presentation from the Planning
Director and testimony from interested members of the attending public on the matter. The BOCC
then closed the evidentiary portion of the public hearing and contemplated a motion proposed by
CommissionerJankovsky which is attached to this memorandum as Revrsed Exhihit A. (Note, this
motion amended the originally proposed draft of Exhibit A in the Staff Memorandum dated June 4,
2012.) Following that, Commissioner Samson offered a separate motion to continue the hearing to
June 18, 2012. The BOCC voted unanimously to continue the hearing to that date. The evidentiary
portion of the hearing was not re-opened.
(What follows is the original Staff Memorandum with a Revised Exhibit A noting the changes
highlighted in yellow from Commissioner Jankovsky's motion & the PowerPoint presentation
presented to the BOCC on June 4, 20t2for background.)
I. BACKGROUND
In 2001, the Colorado Constitution was successfully changed by initiative (known as Amendment
20) which allowed for the lawful use of marijuana for medical purposes for specific ailments. (Note,
the vote in Garfield County was 9131 in favor vs. 7572 opposed.) The overall policy debate
surrounding Medical Marijuana (MMJ) at the state level in Colorado had been elevated to the state
legislature as a result of the federal government's decision in 2009 (known as the 'Ogden Memo') to
not enforce its laws in states where marijuana is medically legal despite the fact that marijuana
remains a Schedule I drug under the Controlled Substances Act (CSA) and remains federally illegal
today.
It was because of that federal policy change that dispensaries and Optional Premises Cultivation
Operation (OPCO) (aka grow-ops) began to spring up all over Colorado forcing the Legislature to
address the situation. This response resulted in the passage of what is known as the Colorado
Medical Marijuana Code, or HB 1284, signed by Governor Ritter in May, 2010.
House Bill i.2g4 primarily set out the structure (with some recent amendments) of the current laws
regarding how medical marijuana is to be grown, manufactured (or infused) into edibles, and sold in
store fronts. The law focused primarily on licensing the drug for medical use and dictating
responsibilities and obligations for those commercial operations serving primary care givers and
patients. lt also provided that local governments had the express authority to regulate MMJ by a
licensing program as well as regulating it in the zoning context under local police powers. Further,
HB 1284 specifically provided that local governments had the authority to ban the use of MMJ
altogether bya vote of the local political board or put itto a vote of their jurisdiction.
Finally, HB 1284 provided that the Colorado Department of Revenue (CDOR) would be the state's
administrative organization that would implement specific rules and regulations for the licensing
program and their respective enforcement in a structure similar to the state liquor code. As it
presently stands, and except as the Colorado Constitutional protections are applied to patients and
primary caregivers, one cannot grow, manufacture, or sell MMJ without a state license and there
may or may not also be local licensing and zoning regulations to contend with as a hopeful MMJ
operation.
Even prior to HB 1284, cities and counties struggled to understand the MMJ industry taking root in
their jurisdictions and many enacted their own moratoriums to give them time to understand the
issues and potentially draft zoning regulations to more appropriately address the issues. Once HB
1284 was signed into law, it provided some guidance to local government where some
communities' elected officials banned the use; some put it to a vote of the people to ban or not;
some kept a moratorium in place until they drafted licensing programs / zoning regulations; and
others simply amended the regulations they already had in place.
Uniquely, Garfield County set the question to the voters but separated the question into 3 separate
questions around growing, manufacturing, and selling. The voters only approved the ability to grow
MMJ making all the other uses prohibited in the county. (Note the vote to approve grow operations
was 8786 to approve vs. 8265 opposed; a difference of 52Lof L7,OSL voters or 3Yo as depicted in
the graph below.
2
* Recent County Vote
November2,2OLO:
Garfield County voters approved the
Optiona I Premises Cu ltivation (Grow
Operations) but den ied Dispensa ries
and lnfused Product Manufacturing in
u ni ncorporated Ga rfield Cou ntY.
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At present, Garfield County continues to have a moratorium in place that essentially states that any
type of operation that did not survive the public vote (i.e. manufacturing and selling) shall cease
operations by July L,}O1.Land that the moratorium on any permitted operation (i.e' grow-ops) will
remain in effect until the county approves zoning regulations or July L,2072 whichever comes first.
It should be noted here that there have been four grow operations in unincorporated Garfield
County that have come individually to the BOCC in a public hearing and provided enough
satisfactory evidence that proved they were legitimately operating prior to the moratorium on
6/2t/LO.
Finally and as a recap, over the course of the last 2 years, the Board of County Commissioners (the
Board) has remained involved in this topic and has held over nine public meetings / hearings to
discuss and provide direction. The graphic on the following page illustrates the major events of the
last two years:
3
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At this point, the Board has directed staff to draft zoning regulations prior to the July L, 2Ol2
deadline. What follows is a proposed draft zoning regulation regarding grow operations in the
county that specifically includes 1) a set of new uses and their definitions, 2) proposed zone districts
where it would be allowed, 3) the type of review required, and 4) specific review standards. (While
the Board has discussed implementing a local licensing scheme, it has not directed staff to move
forward with that as of this date.)
II. PLANNING COMMISSION REVIEW
On May 9,2012, the Planning Commission reviewed the proposed regulation in a public hearing.
After public testimony was taken as well as a lengthy discussion by the Planning Commission,
several changes were proposed to the draft regulations which are highlighted in yellow throughout
the draft. Note, language that has a strike through (st+it<+th+eugh) was suggested to be deleted and
language in bold was suggested to be added.
The majority of the discussion was focused on the following points:
1) How to measure the 1,000 foot distance? First, the Planning Commission felt the L,000 foot
distance as suggested in state law was sufficient. However, there was more discussion about
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how it was measured. Should the distance be measured "as the crow flies" or by what state
law provides as "using a route of direct pedestrian access." Ultimately, it was decided that
the latter was preferred so long as the word "legal" was inserted. This was preferred over
"as the crow flies" approach because that presumes one could trespass across other
properties or commit traffic violations to reach the building containing the OPCO' lt was also
noted that this language mirrors the state's liquor code / law and that there was sufficient
case law to support this apProach.
It is important to note that while state law (notably section 12-43.3-308(txd)(l)) identifies
three uses (schools, drug & treatment facilities, and residential child care facilities) as uses
to be distanced from, the BOCC has complete discretion to vary the distance to any distance
and is not bound by the 1,000 feet as suggested in state law.
Finally, after some real-time measuring of GlS, the preferred measurement was likely to be
less restrictive and the actual distances would be considered on a case-by-case basis for a
proposed OPCO. An example of the difference is as follows:
Z) Should OPCOs be restricted to provide MMJ to Centers (dispensariesl onlv in Garfield and
not bevond? The general discussion included that this regulation would place a unique and
undue restriction on a free market business model that does not exist for other businesses
in Garfield County. Additionally, this appeared to be too burdensome since it was
recommended that OPCOs be limited to only the Commercial and lndustrial Zone Districts
by a Limited lmpact Review and that was enough of a restriction.
3) What were the appropriate uses to distance the OPCO from? The BOCC has the complete
discretion to distance an OPCO from a variety of uses it so desires. A brief list is included in
the draft regulations. The Planning Commission reviewed this list and suggested that 'Public
Building' be deleted from the list as it would arguably include buildings & facilities for a wide
variety of public entities and special districts which would result in an overreaching
restriction that would unnecessarily limit eligible properties.
Again, it is important to note that while state law identifies three uses (schools, drug &
treatment facilities, and residential child care facilities) as uses to be distanced from, the
BOCC has complete discretion to vary the distance to any distance and is not bound by the
l-,000 feet as suggested in state law.
4l Should OPCO's be allowed in the Rural Zone District? lt was ultimately decided that because
an OpCO acted and functioned like a commercial / industrial type business it should be
located in areas with other commercial businesses. Further, there was concern as to the real
enforceability of the use if it were allowed out in the remote "rural" areas of the county. By
restricting the OPCOs to Commercial and lndustrial zone districts, it would significantly cut
down on the likelihood of a proliferation of illegal grow operations in Garfield County. This
approach has the added affect of significantly reducing exposing other existing property
owners / residents in the rural areas to the issues of increased risk of crime and personal
security where illegal grows might occur. Ultimately, the Planning Commission agreed that
the Commercial and lndustrial Zone Districts were the proper districts.
(Note, from a county tax assessment perspective, recently approved HB 1043 clarified that
all land used for OPCOs shall be considered commercial uses and taxed as a commercial use.
Further, they are prohibited from being taxed as an agricultural use.)
5) What was the proper level of review? lt was explained that the Limited lmpact Review level
was more appropriate than the Administrative Review because it required a proper and
automatic avenue for noticed neighbors to visit directly with their elected officials in a
proper public hearing rather than relying on an Administrative Review process where there
was a risk that a call-up would not be allowed. Ultimately, the Planning Commission agreed
that the Limited lmpact Review was the proper level of review.
Ultimately, the Planning Commission forwarded a Recommendation of Approval of the proposed
draft to the Board of County Commissioners with suggested noted changes by a vote of 6 to 1-.
tll. PROPOSED ADDITIONS TO ARTICLE XVI: DEFINITIONS
The following section includes new definitions to be added to Article XVI that have been drafted
primarily from HB 1284 and Amendment 20 to the Colorado Constitution with some amendments
by staff.
i. Colorado Medical Mariiuana Code means C.R.S. S 12-43.3-101-. et seq. and anv resulations
promu lgated thereunder.
il.
ilt.
Mariiuana means the seeds. leaves, buds, and flowers of the plant (genus) cannabis' and
anv mixture or preparation thereof. but excludes the plant's stalks, stems, and roots.
Medical Mariiuana means Mariiuana that is grown or sold pursuant to the Colorado
Medical Mariiuana Code, and for the purpose of assisting patients as authorized bv Section
14 of Article XVlll of the Colorado Constitution.
Medicat Mariiuana Patient means a person who has a debilitation medical condition that
was previouslv diagnosed bv a phvsician and has properlv obtained a registry card from the
Colorado Department of Public Health & Environment prior to engaging in the use of
Medical Mariiuana as authorized bv Section 14 of Article XVlll of the Colorado Constitution.
tv.
Optional Premises Cultivation Operation means a person who has been issued a Medical
Mariiuana center and/or infused product manufacturing license pursuant to the Colorado
Medical Mariiuana Code. and who is licensed or seeking licensing to grow or cultivate
Medical Mariiuana at a Premises for the purpose of supplving its associated licensed center
or infused product manufacturer. Manufacturing of Mariiuana-infused products and retail
sales of Medical Mariiuana are expresslv prohibited in unincorporated Garfield Countv,
including at an Optional Premises Cultivation Operation. The term "Optional Premises
Cultivation Operation" does not applv to the private cultivation of Medical Mariiuana bv a
registered patient or primarv caregiver who is growing an amount medicallv necessarv to
addresses a debilitating medical condition as set forth in Section 14(4) of Article XVlll of the
Colorado Constitution.
Premises means a distinct and definite location. which mav include a building. a part of a
building, a room, or anv other definite contiguous area used exclusivelv for an Optional
Premises Cultivation Operation.
State Licensing Authoritv means the Colorado Department of Revenue. the authoritv
created pursuant to the Colorado Medical Mariiuana Code for the purpose of regulating and
controlling the licensing of the cultivation. manufacture. distribution. and sale of medical
mariiuana in Colorado.
Local Licensing Authoritv means the the Garfield Countv Board of Countv Commissioners
which shall be responsible for regulating and controlling the licensing of the cultivation of
Medical Mariiuana in unincorporated Garfield Countv.
Residential Child Care Facilitv means a facilitv licensed bv the state department pursuant to
this part 1 to provide twenty-four-hour group care and treatment for 5 or more children
operated under private. public. or non-profit sponsorship. Residential Child Care Facilitv
includes communitv-based residential child care facilities as defined in rule bv the state
board. and psvchiatric residential treatment facilities as defined in section 25.5-4-103 (19.5).
C.R.S. A residential child care facilitv mav be eligible bv designation bv the executive director
of the state department pursuant to article 65 of title 27. C.R.S.
The following terms, already defined in the Code, may be modified as follows:
Commercial Nursery/Greenhouse. A use which may contain greenhouses where trees,
shrubs, flowers or vegetable plants are grown and sold either wholesale or retail and
where other directly related non-organic materials may be sold. An Optional Premises
Cultivation Operation may not be operated as a Commercial Nurserv/Greenhouse.
vt.
vil.
vIt.
ix.
Home Office/Business. Any use for gain or support carried on as an accessory use within a
dwelling unit or a building accessory to the dwelling unit, which does not create the
appearance or impact of a commercial activity. An Optional Premises Cultivation
Operation mav not be operated as a Home Office/Business.
IV. PROPOSED ADDITIONS TO ARTICIE lll: ZONING
The following section includes the addition of Optional Premises Cultivation Operation (OPCO) as a
new use to Table 3-501 in Article lll. This use is proposed to be allowed in the County's Commercial
and lndustrial Zone Districts and requires a Limited lmpact Review.
. Use Permitted by Right
A Use Permitted Subject to Administrative Review
L Use Permitted Subject to Limited lmpact Review
M Use Permitted Subject to Major lmpact Review
lNote: the asterisk in the Public Lands column is intended to direct the reader to the federal
government for their policies / laws regarding cultivation operations for Medical Mariiuana on
public lands.l
V. PROPOSED ADDITIONS TO ARTICLE VII: STANDARDS
The following section includes proposed standards to be added for an Optional Premises
Cultivation Operation. (This section would be a new section 7-841,.)
Section 7-841 Optional Premises Cultivation Operation
I
USE
ZONE DISTRICT
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Optiona! Premises Cultivation Operation I !I !:
A. The use of land, buildings, or structures to grow, produce, cultivate, sell, dispense, distribute,
store, test, or Manufacture Marijuana and/or Marijuana-infused products is not permitted
anywhere in unincorporated Garfield County, except to the extent specifically set forth in this
Section 7-84L. This section will not be construed to apply to the private cultivation of Medical
Marijuana by a registered patient or primary caregiver as defined in Article XVlll, Section 14 of
the Colorado Constitution.
in Divisions 7,2, and 3 of Article Vll.
D. Odor. An Optional Premises Cultivation Operation shall not produce adverse or noxious
detected outside of the licensed Premises in which it is occurri
applications shall include proposed methods of odor control.
indoors
I Premises
disclose its contents.
F. Location I Premises the
a.
b.
c.
d.
facil 1,000
A Familv Child Care Home; (Specificallv ldentified bv State Law)
A Public Park;
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ldentified bv State Law)
e. A Place of Worship; and
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E. Visual. All Mariiuana plants. products. and associated equipment identifvinQ the use as a
Medi
that is eenne€ted w
Medical Marii lcohol
be prohibited in or on the Premises of an Optional Premises Cultivation Operation.
H. Other Appticabte licenses. Prior to operating, an Optional Premises Cultivation O0eration
and com ofa
approved bv the Board of Countv Commissioners through the local verification process in a
public hearing. shall be required to provide proof of that approval.
purposes is a violation of state law:
b. Use of Medical Mariiuana mav impair a person's abilitv to drive a motor vehicle or
operate machinerv. lt is illegal under state law to drive a motor vehicle or ooerate
machinerv when under the influence or impaired bv medical mariiuana;
VI. PIANNING COMMISSION RECOMMENDATION
By a vote of 6 to 1, the Planning Commission recommends the Board of County Commissioners
approve a Text Amendment to the Unified Land Use Resolution of 2008, as amended as contained
in Exhibit A attached hereto.
VII. SUGGESTED FINDINGS TO THE BOARD OF COUNTY COMMISSIONERS
L) That the meeting before the County Planning Commission and the Board of County
Commissioners was extensive and complete, that all pertinent facts, matters and issues
were submitted and that all interested parties were heard'
premises Cultivation Operation shall oost these documents within the Oremises. For
Cultivation Operation a legible sign containing the following warninss:
state law; and
shall complv with all applicable state and local building codes. laws and reAulations.
10
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a. Use, possession, cultivation. or distribution of Medical Mariiuana for non-medical
access.
2l The proposed text amendment is consistent with applicable provisions of the Garfield
County Comprehensive Plan and any intergovernmental agreements affecting land use or
development or an approved amendment to the Comprehensive Plan prior to the decision
on the text change.
3) The proposed text does not conflict with State statutory provisions regulating land use.
4l lncreased Hazards. The proposed use does not result in hazards or alter the natural environment
to an extent greater than the other uses permitted in the zone district to which it would be
added.
5) lncreased Nuisance. The proposed use does not create more offensive noise, vibration, dust,
heat, smoke, odor, glare or other objectionable influences or more traffic hazards than that
normally resulting from the other uses permitted the zone district to which it would be added.
6) Compatibility. The proposed use is compatible with the uses permitted the zone district to
which it would be added.
That the proposed text amendment can be determined to be in the best interest of the health,
safety, and welfare of the citizens of Garfield County.
That the application has met the requirements of the Garfield County Unified Zoning Resolution
of 2008, as amended.
7l
8)
VIII. RECOMMENDED MOTION
"l will make a motion to approve Text Amendment to
2008, as amended, to add new regulations regarding
(OPCO) as attached as Exhibit A attached hereto."
the Garfield County Zoning Resolution of
Optional Premises Cultivation Operations
11
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REVISED EXHIBIT A
The following new definitions shall be added to Article XVI of the Unified Land Use Resolution of
2008, as amended:
i. Coloradlo Medica! Mariiuana Code means C.R.S. S 12-43.3-101-, et seq. and anV rePulations
promu lgated thereu nder.
anv mixture qr preparation thereof. but excludes the plant's stalks. stems. and roots.
ii.
14 of Article XVlll of the Colorado Constitution.
iv.
Ith & Environ
Medical Mariiuana as authorized bv Section 14 of Article XVlll of the Colorado Constitution.
nttot
Marii
bited
Premises Cultivation OPeration.
vl.
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vii.
viii.
State Licensing Authoriw means the Colorado Department of Revenue, the authoritv
created pursuant to the Colorado Medical Mariiuana Code for the purpose of regulating and
controlling the licensing of the cultivation. manufacture. distribution. and sale of medical
mariiuana in Colorado.
Local Licensing Authoriw means the the Garfield Countv Board of Countv Commissioners
which shall be responsible for regulating and controlling the licensing of the cultivation of
Medical Mariiuana in unincorporated Garfield Countv.
Residential Child Care FaciliW means a facilitv licensed bv the state department pursuant to
this part 1 to provide twentv-four-hour group care and treatment for 5 or more children
operated under private, public, or non-profit sponsorship. Residential Child Care Facilitv
includes communitv-based residential child care facilities as defined in rule bv the state
board. and osvchiatric residential treatment facilities as defined in section 25.5-4-103 (19.5),
C.R.S. A residential child care facilitv mav be eligible bv designation by the executive director
of the state department pursuant to article 65 of title 27. C.R.S.
The following existing definitions in Article XVI of the Unified Land Use Resolution of 2008, as
amended shall be modified as follows:
Commercial Nursery/Greenhouse. A use which may contain greenhouses where trees,
shrubs, flowers or vegetable plants are grown and sold either wholesale or retail and
where other directly related non-organic materials may be sold. An Optional Premises
Cultivation Operation mav not be operated as a Commercial Nurserv/Greenhouse'
Home Office/Business. Any use for gain or support carried on as an accessory use within a
dwelling unit or a building accessory to the dwelling unit, which does not create the
appearance or impact of a commercial activity. An Optional Premises Cultivation
Operation mav not be operated as a Home Office/Business.
The use Optional Premises Cultivation Operation (OPCO) shall be added to Table 3-501 in Article
lll. This use shall be allowed in the County's Commercial and lndustrial Zone Districts and shall
require a Limited lmpact Review.
USE ZONE DISTRICT
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Optional Premises Cultivation Operation !t !!:
lNote: the asterisk in the public Lands column is intended to direct the reader to the federal
government for their policy / law regarding cultivation operations for Medical Marijuana.l
The following section includes standards that shall be added for an Optiona! Premises Cultivation
Operation as a new section 7-84lof the Unified Land Use Resolution of 2008, as amended:
Section 7-841 Optional Premises Cultivation Operation
Section 7-841. This section will not be construed to applv to the private cultivation of Medical
in Arti
the Colorado Constitution.
Article Vll.
g
D.
shall be
Odor. An Optional Premises Cultivation Operation shall not produce adverse or noxious
applications shall include proposed methods of odor control.
14
B. All Applications shall demonstrate thev have met the standards in Divisions 1' 2. and 3 of
E. Visual. All Mariiuana plants. products, and associated equipment identifvinF the use as a
buildings containing an OPCO. All processing. packaging, and business transactions shall
take place indoors and in a manner that does not disclose the identitv of the use. The facilitv
shall be constructed in a manner that prevents anv nighttime leakaPe of liRhtinP. All
products beine transported from the optional Premises Cultivation oDeration shall be
wrapped or contained in such a manner that does not disclose its contents.
F. Location. A Optional Premises Cultivation Operation shall meet the followinP location
standards where no facilitv shall be located anv closer than 1,000 feet from anv of the
following uses:
L. An Education Facilitv
2. A Familv Child Care Home
3. A Public Park
4. Drus & AlcoholTreatment Facilities (aka "Group Home Facilitv")
5. A Place of WorshiP
For purposes of this provision. the distance between the Optional Premises Cultivation
Operation and the neighboring land use described above shall be measured as the crow flies
from the nearest propertv line of the land used as listed above to the nearest Dortion of the
building in which Medical Mariiuana is to be cultivated.
ped€striaffi€€€ssr
No land Use Chanee permit shall be issued to an Optional Premises Cultivation OPeration
that is connected with a Medical Mariiuana Center outside of Garfield CounW.
G. On-Site Use: The consumotion. ingestion or inhalation of Medical Mariiuana or alcohol shall
be prohibited in or on the Premises of an Optional Premises Cultivation OPeration.
H. Other Applicable licenses. Prior to operatinq, an Optional Premises Cultivation O0eration
must obtain and complv with the terms of all applicable state and local licensing and
present those approvecl licenses to the Garfield Countv Planning Department and Countv
Clerk and Recorder. An Optional Premises Cultivation Operation shall Dost these documents
within the premises. For Optional Premises Cultivation Operations that existed Drior to June
21. 2010. and have been confirmed bv the Board of Countv Commissioners throueh the
local verification process in a public hearing. shall be required to provide Proof of that
approval.
l. On-Site Notice. There shall be posted in a conspicuous location in each Optional Premises
Cultivation Operation a lesible sign as required bv state law.
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J. Compliance with other taws and regulations. An Optional Premises Cultivation Ooeration
shall complv with all applicable state and local building codes, laws and reEulations.
16
EXH!BIT
{
Text Amendment for the Regulotion of
Optionol Premises Cultivation Operotions
(OPCO)for Medicol Mariiuano in
Gorfield County
& necent CountyVote
{ffibrzau l- _" ]__ O _ @
:f;,.il#tr*fr### ;1i li I
* overall Main Decision Points *
1) What Zone Districts should allow Optional Premises
Cultivation Operations (OPCOs) in Garfield County
Zoning Framework? (We will visually tour these
areas. )
2) What is the appropriate Level of Review Process for
OPCOs in those Zone Districts?
3) What a re the Supporting Definitions & Review
Standards that an OPCO must meet to obtain
approval?
Background
>June 7, 2070, HB 1284 SiSn ed into ta w
>)unc 2t" 2o1O:Bocc enaded 1'r MoBtorium: (The BocC has held 9 noticed publ'c
meetinSs (either wo.k sessions or regular meetings) since lune 21, 2010)
>Nov.mbq3,2O7O:yoTerprohibiled disPensariesand infused Produd manufaduring
and allowed onlygrow-ops (OPcos) in Garfield county with regulations
'rApril 25, m71:US OePL of lustice lohn Walsh issued leter to ColoredoAfrorneY General
John SutheE (Among other lefie6 sent around Washington, Montana, California, etc )
'/tuy77,20771H8 lO43 passed that clarified aspeds of HB 1284
>rrloy 75 2O7t'-Kcc enaded 2d MoEtorium on (Enension of 1'r Moratorium) on the
morning ofthe day the initial draft regulations were to be discussed bY the Planning
Commission.
'/lunegO,2072:Gadield county Moratorium expires and the CountY must have regulations
in place at that point.
>May, 2of,i,tThe county PlanninB Commission held a public hearinS and made a
recommendationto the gocc on the current draftten amendment'
Overall Main Decision Points of the *Planning Commission -
1. How to measure the 1,000 foot distance?
2. Should OPCOS be restricted to provide MMJ to Centers
(dispensaries) onlv in Garfield and not bevond?
3. What were the appropriate uses to distance the OPCO
from?
4. Should OPCO'S be allowed in the Rural zone District?
5. What was the proper level of review?
L
ro e/6 Lt${. 6/1-110 6/7/:0
.hil1\ .lil|t .126111 ilt6trr 1t!11 ltut2
6lL3l20L2
gp Carbondale Area: "Red Rock Diner" f
"Mid Continent Coal Load Out"
nl, PiOPOIEo AODmoNs TO ARncLE lll: ZONIilG
Th. followlnE sdltr includ.3 th. .ddfrlon of OPiionrl trtu CrJttodton OPtrdo (OFCO,
as a ncw u* to Table +501 ln Artlcl. lll. Thls u3e is proposed to be allowcd ln thc counvs
Comm.rcl.l and lndunrlalbn. Dl$rids rnd rcqulr.s . Uhltcd lmFd R.vl.w.
. U* P.mft.d bY RiEht
A Uq Permitcd Subidto Mminlstrttjvc Rdew
L us Pcrmhld tubicdb limit d lmptd Rcu.w
M U* Pcrmined tubledto M.lor lmFd ReUs
USE
ZONE DISiIC
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Sk Cattle Creek / Thunder River Market Soutfr e tenwood Springs Area / Red
Canyon Eoad / CR 1-51
-5. East of New Castle Area I "R|PPYY Exemption"
* Rifle Area: "Big R" / "Powerline Park"
f "Amaya Exemption"
2
6lL3l2oL2
n. ,aoPosD aDDlTloffi to afllcLE x\& oEFlilIToils
Thc follolring dbn includes ns definitions to be added to Adicle XVI that have beo dr'fted
primarily trm HB 1284 and Arendment 20 to the Gldado Conttitdion with ffe
arendlffiB bydaff.
PmisCotuidOffiln.
dl. S6a Uanritr AltltodP mant th. Color.do OcB^,t6 o, RMue. the.utMe
roriiBd in Color.do.
whlch rh.ll tE r6mffilbl. fd rc.ul.tlil and @ntrolllnr thc llendn. of th. cultto tion of
* tevels of Review Process to Consider
', U*-By-Right lno land use review) The BocC could allow grcw ops in
Commercial / industrial zone districts and also require a local license similar to
liquor licenses
'> Administrotive Review (Review by Staff with req uired notice to adjacent
prcperty owneE. Has the ability to call up to BOCC by Applicant, adjacent
property owner, or BOCCfor a public hea.int)
> umitedlmpdctRe[ew(Requires a noticed public hearing before BoCC)
', Mdiot tmpoct Revlew (Requires a noticed public hearint before the Planning
commission and the BOCC)
Note: With the exception of a Use-BY-Right, these processes equiE an Applicant
to provide some level of public notice.
Crnrtitution.
Ootld.l Pramltct C{kivdion Omt.tld means a oeren who has been i55ued e
Medical Mariiuana center and/or intused orodud manuradurin' licen5e oorsu'nttothc
colorado Mediol Mariiuana code. and who is li@nsed or seekin{ licen$nl to lril or
cuhivate Medical Mariiuana at a Premles ftr the ouoose of tuoolvinr its a*iated
li€ened center or infued orodud manufadurer- Maaufadurinc of reriiuarinfus€d
oroduds and reEil gles of Medkal Mariiuana are exoretslv orohibited in
unincoroorated Garfield Countv, includim at an Ootional Premis Cultry'tkn
Ooeration. The tem "ootional Premies cultivatid o@di6" d@t d &dv to th'
priv.ta cultiv.tion oI M.dical Ma.iiurna bv. G{ist rod oati€d d otime er'riwr
wlro is 6owin. .n amount BEdic.llv rcc69ry to addr6i a d'bilit'thr mcdt'l
coMition .r set for$ in s€ction 14141 of anicL )ulll o, th€ coldado cdetitution'
3
* f.tt of Parachute: "Traveler's Highlands
-r I TT---H
lrj
followirgtermt, tlready defined in the cod., may be modified as,ollM:
€omrerdal Nu6sy/Grenhdc, A use whidl may @nbin Sreenhd*!
treer. shrubs, flowers or vegetable plantt are 8riln and sld either wholeFl€ or
and where other directly related non-organic materials may be sld,
lsEcfllg[lllbst c.
Homa ofi@/8{jn6i Any use for gain or tuppon carrled on at an &c6!o'y
within a dwelling unit or a buildlng acces5ory to the dwellint unit, wfikh dc
qeat€ the appe.rance or impad ol . commeroal adivity
and rnv mifure or oradration thcref, bd excludes the olanfs nalk5.5tem5. and
!@L
lLdLd Mall6a mean5 Mariiuana that it arown or $ld ou6lant to the colorado
Medi6l Mariiuana Code. and for the ourooF of assi5tinq oatients a5 authorized bv
@r.t.d und.r pdv.te. olbllc. or non-oroffi sD$rorshio Retidenti.l Chlld C.re Faclllw
lncludE @mmunlw-b.*d rcald.nti.l chlld 6r. ftcilitl6 t3 dctlncd in rul. bv lhc nttc
boud. and olychl.tric rsld.ntl.l trc.tmdt f..lltri.s.t d.{ln!d in @Itr 25 5-4-103 {19.5)
C.R.S. A rdldcnthl chlld orr f.clllw m.v bc.ll.lbl. bv d.ii.n.tis try th..xccutlve dtr.do'
6/L312012
Th€ follilint *dlon indudcs proposed sndardt to bc .dded for .n (Bloffl tunlB
Crrdlr.don Ordton, {Ihls section wld be . rcw srcdon 7_841.)
sftclfiGllv sd fodh in thls s€dlon 7{41. This ditr will nd be connrurd to a@h to
the orivatc cultlvation of Med;cal Marliuana bry a reaistered oatlent or orimary cat4iver
Questions
b.
ffi.t. m.chi'ld. h i3 ilbt.l und.r n.E ltw to d.il. . mdd v'hid' d octtr!
sadi,Ed vb und.. th. infll,€,E d imEi.d il tr dH mt'iiutna:
c. td;dfl ln s erffnd .n fulo..l PrdlF. cultMtlon o*r'tlon i5 orohlblEd W
nata |tr:.nd
d. Ul.ffitior
ffii s$cl oruddc o alem rv*m end sadt mtcm obn for $e sublcc
boldm llra ffi mc l* for buildM oleaninr t Orc. Al orocesstnr- oecfar]nr'
IiIJGiiIffins shal, take dae indma and in a 'anne' that ds not disclce
th! idottu of ih€ rc. Th. fadltu $.ll b. 6nrud.d in a m.66cr thtl Drddts 'nvnirhrime l€b.c ot lirhiiE. All sodudt Hn. tranrsned from lhe ootio^'l Premis
Cuhmim O*rrtim shall bc wraoocd s onoincd tn rudr r mannct that ds na
discloe b @ntcfu,
follow:nq u5e5:
c. A Public P.rl:
d. Orur & Al@hol Tr..tmd F.cilitl6 ltk "Grouo Hom F.cillM): lsGifiollv
ld.ntiflad bv sttc Ltw)
e. AlhE-d-]4elrllEtd@
tor oul@ of thl. tr@itin. th. dioE Hwa th! Odion.l Prmis cuhHiff
o6tlm .nd thc n.ithborln. l.nd us. ddbcd .bow th.ll bc fr.sutld trffi th'
;ard iloffi lin! d th. l.nd us.d .. ll*.d abow to th. rc.rd odion o{ thc buildln'
in whidl Medlol M.riium it to br 4ltto.tcd, uthr . rocc of dl6 kd D.ddtun
!@t
shall be orohibited in or on the PremiF of an Ooti@al Premires Cultivation ODeGtk'n'
a.
b.
l. comll.n@ rlirt dEr Ls eDd l@Ld6. An ootional Premiset Cultivati@
6Fon #ali omolv with all aoolieble statc and lxal buildinr codes- Ias ard
r@latbr5.
4
EXHIBIT
STATE OF COLORADO )
)ss.
couNTY oF GARFIELD)
At a regular meeting of the Garfield County Board of County Commissioners, held at the
County Administration Building located a 108 8th Street in Glenwood Springs on Monday, the
18th day of June, 2lL2,there were present:
John Martin , Chairman
Tom Jankovskv Chair Pro-TemP
Mike Samson , Commissioner
Jean Alberico Clerk of the Board
Carev Gasnon Acting CountY AttorneY
Andrew Gorsev County Manager
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 2012 -
A RESOLUTION APPROVING AMENDMENTS TO THE TEXT OF THE UNIFIED LAND USE
RESOLUTION OF 2008, AS AMENDED, TO ADD NEW REGULATIONS REGARDING OPTIONAL
PREM|SES CULTTVATTON OPERATTONS (OPCO) FOR MEDICAL MARIJUANA ALSO KNOWN AS
,GROW OPERATIONS,
Recitals
A. pursuant to Section 4-202 of the Unified Land Use Resolution of 2008, as
amended, the Board of County Commissioners initiated certain amendments to the text of the
Unified Land Use Resolution of 2008, as amended (the Land Use Code).
B. On the 9th day of May, 2072, the Garfield County Planning Commission held a
properly noticed public hearing to consider certain amendments to the text of the Land Use
Code and recommended the Board of County Commissioners approve said amendments to the
text ofthe Land Use Code.
C. On the 4th day of June, 2012, the Garfield County Board of County
Commissioners opened a properly noticed public hearing and took testimony from the Garfield
County Planning Staff and interested members of the public and subsequently closed the
evidentiary portion of the hearing, entertained a motion on Exhibit A concerning certain
amendments to the text of the Land Use Code and then continued the public hearing to June
:.9th, zoL2.
D. On June 78th,2OL2, the Garfield County Board of County Commissioners closed
the public hearing regarding the proposed amendments to the text of the Land Use Code; and
E.The Board of County Commissioners, on the basis of substantial competent evidence
produced at the aforementioned hearing, has made the following determinations of fact:
1,. Proper public notice was provided as required for the meeting before the Board of
County Commissioners.
2. The public hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. The above stated and other reasons, the proposed amendments to the text of the
Unified Land Use Resolution of 2008, as amended, has been determined to be in the
best interest of the health, safety, convenience, order, prosperity and welfare of the
citizens of Garfield County.
4. The application has met the requirements of Sections 4-202 of the Garfield County
Unified Land Use Resolution of 2008, as amended, and specifically: (Section 4-202(AX8)
and (e)):
Section 4-202(AX8)
a) Compliance with Comprehensive Plan and lntergovernmental Agreements. The
proposed text amendment is consistent with applicable provisions of the Garfield
County Comprehensive Plan and any intergovernmental agreements affecting land
use or development or an approved amendment to the Comprehensive Plan prior to
the decision on the text change.
b) Compliance with Statutory Provisions. The proposed text does not conflict with State
statutory provisions regulating land use.
Section 4-202(AX9)
a) lncreased Hazards. The proposed use does not result in hazards or alter the natural
environment to an extent greater than the other uses permitted in the zone district
to which it would be added.
b) lncreased Nuisance. The proposed use does not create more offensive noise,
vibration, dust, heat, smoke, odor, glare or other objectionable influences or more
traffic hazards than that normally resulting from the other uses permitted the zone
district to which it would be added.
c) Compatibility. The proposed use is compatible with the uses permitted the zone
district to which it would be added.
RESOLUTION
NOW, THEREFORE, pursuant to the regulatory authorities set forth above, the Garfield
County Board of County Commissioners does hereby APPROVE the amendments to the text of
the Garfield County Unified Land Use Resolution of 2008, as amended, specifically, adding NEW
REGULATIONS REGARDING OPTIONAL PREMISES CULTIVATION OPERATIONS (OPCO) FOR
MEDTCAL MARTJUANA ALSO KNOWN AS 'GROW OPERATIONS' and are specifically contained in
Exhibit A, attached.
Dated this _ day of A.D.20
ATTEST:GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Clerk of the Board Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the
following vote:
COMMISSIONER JOHN F. MARTIN, CHAIR ,
ISSIONER MIKE
Nay
Nay
/ Nay
EXHIBIT A
The following new definitions shall be added to Article XVI of the Unified Land Use Resolution
of 2008, as amended:
i. Colorado Medical Mariiuana Code means C.R.S. $ 1.2-43.3-101, et seq. and anv
regulations promulgated thereunder.
ii. Mariiuana means the seeds, leaves. buds, and flowers of the plant (genus) cannabis.
and anv mixture or preparation thereof, but excludes the plant's stalks, stems, and
roots.
iii. Medical Mariiuana means Mariiuana that is grown or sold pursuant to the Colorado
Medical Mariiuana Code, and for the purpose of assisting patients as authorized bv
Section 14 of Article XVlll of the Colorado Constitution.
iv. Medical Mariiuana Patient means a person who has a debilitation medical condition
that was previouslv diagnosed bv a phvsician and has properlv obtained a registrv card
from the Colorado Department of Public Health & Environment prior to engaging in the
use of Medical Mariiuana as authorized bv Section 14 of Article XVlll of the Colorado
Constitution.
v. Optional Premises Cultivation Operation means a person who has been issued a
Medical Mariiuana center and/or infused product manufacturine license pursuant to the
Colorado Medical Mariiuana Code, and who is licensed or seeking licensing to erow or
cultivate Medical Mariiuana at a Premises for the purpose of supplving its associated
licensed center or infused product manufacturer. Manufacturing of Mariiuana-infused
products and retail sales of Medical Mariiuana are expresslv prohibited in
unincorporated Garfield Countv, including at an Optional Premises Cultivation
Operation. The term "Optional Premises Cultivation Operation" does not applv to the
private cultivation of Medical Mariiuana bv a registered patient or primarv caregiver
who is growins an amount medicallv necessary to addresses a debilitating medical
condition as set forth in Section 14(4) of Article XVlll of the Colorado Constitution.
vi. Premises means a distinct and definite location, which mav include a building, a part of
a building, a room. or anv other definite contiguous area used exclusivelv for an
Optional Premises Cultivation Operation.
vil.
viii.
tx.
State Licensing Authority means the Colorado Department of Revenue. the authoritv
created pursuant to the Colorado Medical Mariiuana Code for the purpose of regulating
and controlline the licensing of the cultivation, manufacture. distribution. and sale of
medical mariiuana in Colorado.
Locat Licensing Authoritv means the the Garfield Countv Board of Countv
Commissioners which shall be responsible for regulatins and controlling the licensing of
the cultivation of Medical Mariiuana in unincorporated Garfield Countv.
Residential Child Care Facility means a facilitv licensed bv the state department
pursuant to this part L to provide twentv-four-hour group care and treatment for 5 or
more children operated under private, public. or non-profit sponsorship. Residential
Child Care Facilitv includes communitv-based residential child care facilities as defined in
rule bv the state board, and psvchiatric residential treatment facilities as defined in
section 25.5-4-103 (19.5). C.R.S. A residential child care facilitv mav be elieible bv
designation bv the executive director of the state department pursuant to article 55 of
title 27. C.R.S.
The following existing definitions in Article XVI of the Unified Land Use Resolution of 2008, as
amended shall be modified as follows:
Commercial Nursery/Greenhouse. A use which may contain greenhouses where
trees, shrubs, flowers or vegetable plants are grown and sold either wholesale or retail
and where other directly related non-organic materials may be sold. An Optional
Premises Cultivation Operation mav not be operated as a Commercial
N urserv/G reenhouse.
Home Office/Business. Any use for gain or support carried on as an accessory use
within a dwelling unit or a building accessory to the dwelling unit, which does not
create the appearance or impact of a commercial activity. An Optional Premises
Cultivation Operation mav not be operated as a Home Office/Business.
The use Optional Premises Cultivation Operation (OPCOI shall be added to Table 3-501 in
Article lll. This use shall be allowed in the County's Commercial and lndustrial Zone Districts and
shall require a Limited lmpact Review.
INote: the asterisk in the Public Lands column is intended to direct the reader to the federal
.l
The following section includes standards that shall be added for an Optional Premises
Cultivation Operation as a new section 7-84L of the Unified Land Use Resolution of 2008, as
amended:
Section 7-841 Optional Premises Cultivation Operation
A. The use of land, buildings. or structures to grow. produce. cultivate. sell. dispense.
distribute. store. test, or Manufacture Mariiuana and/or Mariiuana-infused products is
not permitted anywhere in unincorporated Garfield Countv. except to the extent
specificallv set forth in this Section 7-841. This section will not be construed to applv to
the private cultivation of Medical Mariiuana bv a registered patient or primarV careRiver
as defined in Article XVlll, Section 14 of the Colorado Constitution.
B. General Review Standards. All Aoplications shall demonstrate thev have met the
standards in Divisions 1. 2. and 3 of Article Vll.
C. Signs. All signage associated with a Optional Premises Cultivation Operation shall be
prohibited.
D. Odor. An Optional Premises Cultivation Operation shall not produce adverse or noxious
odors that can be detected outside of the licensed Premises in which it is occurring. All
applications shall include proposed methods of odor control.
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Optional Premises Cultivation
E. Visual. All Mariiuana plants. products. and associated equipment identifvinR the use as a
Optional premises Cultivation Operation shall be contained entirelv within an enclosed
buildine and shall not be visible from outside the buildine. All applications shall provide
an Alarm Svstem and Securitv Svstem Plan for the subiect building that meets state law
for buildings containing an OPCO. All processing. packaging. and business transactions
ihall take place indoors and in a manner that does not disclose the identitv of the use.
The facilitv shall be constructed in a manner that prevents anv nighttime leakaPe of
lightine. All products beins transported from the Optional Premises Cultivation
Operation shall be wrapped or contained in such a manner that does not disclose its
contents.
F. Location. A Optional Premises Cultivation Operation shall meet the followinR location
standards where no facilitv shall be located anv closer than 1.000 feet from anv of the
following uses:
L. An Education Facilitv
2. A Familv Child Care Home
3. A Public Park
4. Drug & Alcohol Treatment Facilities (aka "Group Home Facilitv")
5. A Place of Worship
o WJ{ '1 'tw'tl
Ooeration and the neighborinq land use described above shall be measured as the crow
flies from the nearest propertv line of the land used as listed above to the nearest
portion of the building in which Medical Mariiuana is to be cultivated.
No land Use Change Permit shall be issued to an Optional Premises Cultivation
Operation that is connected with a Medical Mariiuana Center outside of Garfield
County.
G. On-Site Use: The consumption. ingestion or inhalation of Medical Mariiuana or alcohol
shall be prohibited in or on the premises of an Optional Premises Cultivation Operation.
H. Other Appticable Licenses. Prior to operatine, an Optional Premises Cultivation
Operation must obtain and complv with the terms of all apolicable state and local
licensing and present those approved licenses to the Garfield Countv PlanninH
Department and Countv Clerk and Recorder. An Optional Premises Cultivation
Operation shall post these documents within the premises. For ODtional Premises
Cultivation Operations that existed prior to June 21. 2010. and have been confirmed bv
the Boardl of Countv Commissioners through the local verification process in a public
hearing. shall be required to provide proof of that aporoval.
oo
l. On-Site Notice. There shall be posted in a conspicuous location in each O0tional
Premises Cultivation Operation a legible sign as required bv state law'
J. Compliance with other laws and regulations. An Optional Premises Cultivation
Oo"r.tion ,h.ll complv with all applicable state and local buildins codes' laws and
regulations.
Q ri,'{'a '#'Y
ftrf 7- n'r;"e)
* Cil+,$4i/ '
Commissioners,
My nome is Louren Moytin. f qm on ottorney thqt regulorly represents morijuono
businesses throughout this volley ond olong the T-7O corridor. We have spoken on
numerous occosions regarding medicol morijuono. As you moy recall, f wos of the lost
BOCC meeting wherein you discussed medicol morijuono. Thot meeting wos continued to
June 18 ot lpm.
I om writing todoy to request thot you permit the public to oddress this Boord regarding
the restriction Tom Jonkovsky proposed viq verbot motion ot the lost meeting on trune 4,
2Ot2. Mr. Jonkovsky proposed thot OPCOs in Gorfield County be restricted to selling
product only to MMCs ond MfPs locoted within Gorfield County. This restriction would be
unigue ond on undue restriction on this free morket business model thot does not exist
for ony other businesses in Garfield County. The Gor;field County Plonning Commission
ogreed thot the restriction wos too burdensome ond unfoir. The businesses are already
being zoned into neor extinction. There is no good reoson to prohibit business in this
monner.
When the issue wos oddressed of the June 4 meeting, Mr. Jonkovsky ond Mr. Somson
appeored to imply thot the reoson they desired this restriction of tOO% verticol
integrotion wos becouse of the influence morijuono hos with children. f om o mother of
one qnd one on the woy. f olwoys om concerned qbout the heolth of my child ond the
heqlth of my friends' children. I om not worried obout morijuono. f om worried obout the
lock of porentol oversight ond the lack of oppropriote educotion. These ore the mqin
foctors thot f believe leod to children getting' into dongerous situotions with alcohol ond
drugs ond poor choices.
ft is o known fqct thot morijuono hos no LD-50 roting. In other words, morijuono connot
kill you. Most, if not oll, of the over the counter medicotions, prescriptions drugs, olcohol
ond oll other illegol drugs con, in foct, kill you by some Level of Dosoge (LD roting).
Furthermore, the morijuono we are discussing is only for odults thqt hove debilitoting
medicol conditions thot guolify under the stqte constitution. Persons under the age of tB
moy not legolly purchose this medicine unless they hove o debilitoting medicol condition,
have 2 physicions qgree to the use by the minor qnd hove porentol consent. The only
other meqns for children to obtoin ond qbuse morijuono is no diff erent from eve?y other
drug ond phormoceuticql ovoiloble to odults ond restricted from minors. Again- the need
EXHIBIT
IDc
k
a4,r
for odult supervision, oppropriate porentol oversight ond educotion ore the only foctors
thot will prohibit children from moking poor destructive choices.
To restrict oll Garfield County OPCOs, new ond pre-existing, from being oble to operate
within the stote guidelines regarding the 70/30 rule is olso unduly restrictive ond will
horm all Garfield County Medicol Morijuono Potients. MMC's benefit greatly by utilizing
the 70/30 rule by being oble to provide their potients with stroins of connobinoids they
would not otherwise be oble to ocguire with your restriction. Potients will resort to
finding the medicine thot best works for them ond you will be forcing them outside of
Garfield County if the stroin does not olreody exist within Garfield County. 5o ogoin, f
wonder, is this restriction becouse of the children or becouseyou reolly do not wont to
permit these businesses to succeed in Garfteld County.
Garfield County would neve? be the most desiroble locotion for on OPCO even without the
restriction os it is zoned into relotively few oreos with very limited ovoilqbility within
those zones. The restriction thot you believe will provide odditionol sofety to children is
not rotionolly reloted to your gool. To achieve your gool of saf ety to children, promote
porentol oversight ond educotion. Those steps ore the most importont tools to ochieve
your gool which seem to be locking given your grove conce?ns obout medicol morijuono.
Finolly, imogine if Pitkin County decided to restrict Garfield County bosed businesses
from doing business within Pitkin County. There would be less traffic,fewer cors cousing
occidents ond o more pleosont living environment from those of us living in Pitkin. Would
you consider thot foir to your residents with tomoto businesses, ronching businesses,
controcting businesses, pointing businesses, froming businesses, plumbing businesses,
shoe repoir businesses, restouronts etc? Would it be foir for your business constituents
to be prohibited from doing business in Pitkin, Eagle, Delto or Meso Counties? When the
voters of Garfield County decided to permit OPCO's within its boundaries, do you truly
believe they wonted this undue restriction on business? ff you will do it to the MMJ
businesses, why wouldn't you next restrict liguor stores in Garfteld County? Will your
next mondotebe thot liguor stores only sell to Garfield County residents? Do you believe
the liguor stores would surviveZ Would the rqnching businesses survive? Would the
plumbing businesses survive? Whot other business would survive with the restriction you
seek to impose on Gorfield County OPCO's? The onswer is thot they moy survive ... but not
succeed.
Fred Jarman
From:
Sent:
To:
Subject:
Jena Thompson
Tuesday, June 12, 2012 12:06 pM
Fred Jarman; Carey Gagnon
FW: Bocc meeting June 18, 2012 medicar marijuana restrictions
Jena Thompson
Garfi eld County Administration
o:97o.945.5oo4
e : jthompson@ garfi eld-county. com
From: Kent Kleppinger Imailto:KKleppinger@paraqon-usa.com]
Sent: Tuesday, June 12,20lZ L2:L4 pM
To: Jena Thompson
subject: Bocc meeting June lB,2oL2 medical marijuana restrictions
To whom it may concern:
I am writing this letter to voice my opinion and concerns regarding the proposed restrictions for MMJ
OPC's in Garfield county that would restrict sales of medicinal marijuana grown in Garco to only MMJ business andpatients in Garco. I own a dispensary in Aspen and my oPC is located in Garco, near El Jebel. Since there are no stateregulations prohibiting the oPC being in a different county than my MMC and the real estate is clearly more affordable,abundant and better suits my needs, I located it in a rural, agricultural setting. I have invested all of my savings in thisendeavor a nd cond ucted business in accorda nce with local a nd state laws per the voters. lf the board decides to ma keit a "grown in Garco, sold in Garco,, world, I will lose everything.
I can think of no other industry where this type of government restriction is applied at the whim of the board membersor how this will benefit the constituents of Garco or the business inside Garco. Would you apply this to the cattle, pigsandchickensraisedinGarcobutconsumedoutsideofthecounty? orthetrees,sod,plantsandflowersgrowninGarco
and sold elsewhere? lt is not the duty of our government to unduly burden our lives with trivial laws and regulations.
Just as the re-zoning was unnecessary, this decision is unnecessary and benefits no one!
I plan on attending the June 1'8,2012 meeting and would like the chance for my words to be heard through public
comment. Please include my letter to the boards packet so they can reflect on them and the following quotes.
"l predict future happiness for Americans if they can prevent the government from wasting the tabors of thepeople under the pretense of taking care of them.,' Thomas Jefferson
"My reading of history convinces me that most bad government results from too much government.,,
Thomas Jefferson
Kent Kleppinger
Project Manager
[direct] (970) 94s-3740
foffice] (970) 92O-3167 ext4Ll
[cell] (970)948-6s47
kent@paraqon-usa.com
htto://www.paragon-usa.com
EXHIBITf
EXHIBIT
tI3
June 72,20L2
Board of County Commissioners, Garfield County, CO
Damien Horgan, Alternative Medical Solutions, LTD
June 18th, BOCC Meeting
Dea r County Commissioners,
I am writing to you today to request that proposed upcoming changes to Medical Marijuana businesses
in Garfield County which are scheduled to be enacted on June 18th be open to the public. We are a pre-
existing business which would be directly affected by the proposed rules and would appreciate an
opportunity for our thoughts to be heard.
Your cooperation in this matter is greatly appreciated.
Respectfully,
Damien Horgan
Operations Manager
Alternative Medical Solutions, LTD
970 544 8742