Legal Commentary

Boulder Seeks Input on Medical Marijuana Rules

By Jeralyn

If you live in Boulder, this is your opportunity to be heard on medical marijuana dispensary rules. Please take the time to participate in this brief survey.

Background: The City of Boulder is requesting feedback on interim medical marijuana land use regulations established in November 2009, which are set to expire on March 31. They are in the process of drafting comprehensive land use regulations for medical marijuana businesses which they will bring to the Planning Board and City Council. The feedback will be used by city officials in developing recommendations for the permanent regulations. [More...]

The interim ordinance 7707 states that:

• The proposed business qualifies as a use permitted in the zone district it is proposed to be located, either as "retail," "professional office," or a greenhouse/nursery."

• New medical marijuana businesses are required to be at least 500 feet from a public or private primary or secondary school or licensed day care; and

• Medical Marijuana businesses cannot be located within 500 feet from three other such businesses and all medical marijuana businesses are prohibited from operating in residential zone districts.

Via e-mail from Cannibis Therapy Institute:

One question addressed is density restrictions. The City of Boulder wants to limit more than 3 dispensaries from being within 500 feet of each other. These restrictions were suggested because some people don't want to see marijuana leaves displayed on businesses because it sends the "wrong message" to kids. However, many Boulder dispensaries are not visible from the street, they are either upstairs, downstairs, or in an office building, so this does not really address that "problem".

Also, density restrictions would prohibit more than 3 dispensaries from operating in the same office building. Since the current trend of the law is to require dispensaries to provide more services to patients than simply medical marijuana, these density restrictions would prohibit medical marijuana businesses from grouping together under one roof to provide more and varied services.

Again, the survey is here.

Full post as published by TalkLeft on January 21, 2010 (boomark / email).