Larimer County Colorado – The Board of Larimer County Commissioners will consider a moratorium on accepting land use applications for medical marijuana-related businesses in light of new State of Colorado laws and licensing procedures. The Commissioners want to receive public input before making their decision on a moratorium.
The moratorium discussion with take place during the regularly scheduled land use meeting on Monday, June 28, 2010 at 3pm in the Hearing Room of the Larimer County Courthouse Offices Building, 200 West Oak St., Fort Collins. Land Use meetings are viewable on local cable television channels and are broadcast on the Internet at: http://larimer.org/bcc/broadcast.cfm.
According to the new State of Colorado law, known as the Colorado Medical Marijuana Code, businesses that have not submitted an application for local land use approval by July 1, 2010 will have to wait to seek approval until the State sets up its own licensing procedures, expected in July, 2011.
In unincorporated Larimer County, submitting an application for land use approval requires the applicant to first conduct a neighborhood meeting with a prescribed notice of 14 days to surrounding property owners.
The proposed moratorium will allow the Board of County Commissioners to develop new medical marijuana regulations. The Board can choose from a variety of options, including:
· Adopt a licensing requirement which mirrors the State licensing regulations which will become effective July 1, 2011
· Enact further licensing and/or land use regulations specific to Larimer County
· Vote to ban medical marijuana businesses
· Ask the voters to decide the fate of medical marijuana businesses
The County does not currently require licensing of medical marijuana businesses, except for sales tax licensing which the county does require, but does require zoning approval. Larimer County’s current medical marijuana regulations were adopted on January 4, 2010 and are found in the Larimer County Land Use Code.
Licensing requirements are typically broader in nature than land use requirements. While licensing requirements often include land use considerations such as compatibility with surrounding uses, they can also include an evaluation of the applicant’s criminal record and moral character.