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Commissioners Vote to Ban Recreational Marijuana Sales

The Fremont County Commissioners listened to three hours of public opinion regarding recreational marijuana Tuesday morning before voting unanimously to ban recreational marijuana sales in Fremont County.   The Commissioners heard a mixture of opinions including remarks from Undersheriff Ty Martin who pointed out that marijuana possession is still a violation of federal law and that Sheriff Jim Beicker believes that the revenue earned will not offset the cost of enforcement.

While a number of local residents argued against recreational marijuana because they said it is a ‘gateway’ to other more serious drugs, the Commissioners also heard remarks from Penrose residents concerned about marijuana grow operations impacting property values and creating a huge demand on limited water resources.   Charlotte Norman of the Penrose Water District said the district has a moratorium on selling any new water taps at a time when they’re being approached for large commercial water taps for marijuana cultivation.

One of those commercial operators, Lon Bradfield of Apple Valley Greenhouses, said expanding medical marijuana cultivation to recreational licensing would allow them to double their seven employees and create revenue for the county in licensing fees.   A number of employees of various marijuana grow operations told the Commissioners that they highly value the jobs they hold in the marijuana industry.   Timothy Brown told the board that he believes fees and taxes could generate $550,000 to $850,000 a year for the county.   Andrew Peterson who identified himself as a farmer said, “We need to regulate it, adopt the recreational sales because it’s not going anywhere”.

The three Commissioners shared their views and reaction to the testimony before adopting the recreational marijuana ban.   District 3 Commissioner Ed Norden said the people who drafted Amendment 64 cleverly avoided putting a Tabor tax question in the language to legalize marijuana.   And yet he said the Amendment requires the state and local government to craft regulations before a November sales and excise tax vote can ever take place.   Norden said it’s a case of getting the cart before the horse.    He said that’s the principle reason he supports the ban now because unless there is an assurance the tax will pass and there will be money to pay for enforcement he would have to wait.   Norden said he’d be willing to discuss transitioning medical marijuana operations to recreational uses after results are known on the November marijuana tax question.

Commission Chair Debbie Bell said her primary opposition to recreational marijuana focuses on the potential negative impacts to economic development.   She said that while several people Tuesday spoke about their jobs at medical marijuana growth facilities, people considering coming to Fremont County with large industry have asked what the county is going to do with recreational marijuana.    "When I talk to economic developers who looking to come to Fremont County, their question is 'is this what I am looking at? Because if it is, I am not coming,'" she said.    She said retail marijuana likely will not positively impact the local economy.

District 1 Commissioner Tim Payne shared a quote he read in Sunday's Denver Post.  Payne said the quote came from a person who works in the marijuana industry who said, “This is a black hole that we're all getting sucked into, and no one knows what's on the other side”.   Payne said that’s how he feels about it.  He added "I've always said it's here, it's not going anywhere, let's go ahead and tax it, but it's too complex to do it that simply."

Commissioner Norden said he understands and agrees with the moral arguments against marijuana use.  But he added, “It gives me no ground to stand on because it's now legal in Colorado and our responsibility as a board is how we're going to deal with it in our boundaries of Fremont County."

The ban on marijuana recreational retail, cultivation, manufacture, and testing in Fremont County will not affect existing medical marijuana grow operations and storefronts.   If the Board of Commissioners decides to modify any part of the ban on recreational marijuana it is not expected to take place until after the November election.