Tags: pre-empt
4 New Medical Marijuana Venders
August 8th, 2009During a study of medical marijuana venders last Monday evening's City Council, information that four existing city approved storefronts on Broadway surfaced. Other proposed venders slated for Englewood storefronts became the hot topic, enough to get a consensus action to establish an Emergency Moratorium.
Douglas Cohn's comment last year to Council regarding real emergencies and false emergencies has come full circle. He spoke during the false emergency moratorium on boarding houses and said, "When I first learned of a City emergency ordinance, I thought that perhaps you were taking notice of the foreclosure crises or that you had found a new way to handle drug houses in Englewood. That wasn't the case, and I have an issue with you folks abusing the City's definition of Emergency and Emergency Ordinances."
Personally? Four alternative drug venders on Broadway certainly seems suspicious, while only a short while ago, other herbal dispensaries were hard fought to win the privilege to exist in the competitive established models of medical fields in Englewood.
I spoke with one man outside of a clinic known as Patients Choice of Colorado. "Mike" was injured riding rodeo. He said the only thing holding his back together is the nuts and bolts. He said he was "dead" in his bed when he revived and that he has seizures from his brain being ripped from his right eye backwards.
Mike said he can tell when people are faking the need for marijuana, and that they could ruin it for all others who use it instead of heavier pills otherwise prescribed. So, Mike is a proponent of City licensure by application.
He believes that an application should sort out whether a dispensary is qualified to prescribe because they would know the answers to certain questions of which strains of the drug help which ailments, and what the various side effects are.
He pulled out his State license to use the drug for medicinal purposes and pointed out that high schoolers and other pleasure seekers could not lawfully obtain marijuana without the license. With a license, all is well. Without the license is quite another story.
Doctors could lose their license, their living, their home and wind up in federal prison, because it is the federal law that takes over when a violation occurs. Buyers would experience the same repercussions. However, Mike's concern is for the building owners who leased their premises to the errant tenants. In that case, the entire building would be caught up and confiscated by the FBI or FTB.
Matthew Crabtree, candidate for Council, and owner of the grassroots website for accessible government, ECOG, also voiced his concern to a group of concerned citizens when he said he had known someone who was a landlord where the tenants were manufacturing fake money out of the garage and paying rent with it. Not only did the landlord lose his rent, but also his rental property was confiscated.
Reality speaks. Either licensed marijuana dispensaries should own their own storefronts should they overstep their licensed privileges, or the City should draft a law to pre-empt the feds confiscation of the storefront belonging to an innocent party.
My hope, because this issue has already been approved by the State of Colorado, is that Council holds a hearing on the merits of the real Emergency as well as the City's own censurer process and what exactly they hope to protect.
Protecting business economy, private property and City taxes are all well within the reach of city government. Perhaps the new contenders for Council in November 2009 elections, will add protections to property within the boundaries of Englewood's Home Rule so that the wrong person doesn't lose his shirt, or his shop, to the feds.
