To learn more visit his web site: http://www.deanmadere.org/

Related posts:

1. Colorado Congressional District 4 Representative Betsey Markey cosponsors Ron Paul’s “Audit the Fed” bill HR 1207
2. Fear and Loathing at the 2008 Colorado Republican 4th Congressional District Convention while representing Ron Paul
3. Video: Candidate Search 2010 11/13/2009

Related posts brought to you by Yet Another Related Posts Plugin.

Interested in watching the hearing where this amendment was passed? Visit this earlier post: Video clips from Larimer County Commissioners and Planning Commission 1/4/10 regarding Medical Marijuana

EXHIBIT A

Land Use Code Amendments Approved

By the Board of County Commissioners on

January 4, 2010

1. Amend the section 0.1 definition of home occupation to read:

Home occupation -  A business use conducted as a customary, incidental, and accessory use in the resident’s dwelling unit, attached garage or detached building, including office work, the making of art or crafts, trade uses, the providing of personal or professional services, and similar activities, and including retail sales of products produced on the premises and products clearly incidental, secondary and ancillary to the home occupation. Uses specifically excluded from home occupations include vehicle repair or similar activities, medical marijuana dispensaries and medical marijuana grow facilities/operations.

1. Add the following definitions to section 0.1:

Medical marijuana dispensary – The use of any property or structure to sell, distribute, transmit, give, dispense, or otherwise provide medical marijuana in accordance with Section 14, Article XVIII of the Colorado Constitution.

Medical marijuana grow facility/operation – The use of any property or structure where marijuana plants are grown to sell, distribute, transmit, give, dispense or otherwise be provided in accordance with Section 14, Article XVIII of the Colorado Constitution.

1. Add the following new 4.3.3 use descriptions as F & G and renumber the remainder of the section:

F. Medical marijuana dispensary. The use of any property or structure to sell, distribute, transmit, give, dispense, or otherwise provide medical marijuana in accordance with Section 14, Article XVIII of the Colorado Constitution.

Medical marijuana dispensaries must comply with the following standards:

1. Medical marijuana dispensaries shall not be located within 1,000 feet of any existing public or private school or licensed child care facility and shall not be located within 500 feet of any existing: principal campus of a college, university or seminary; residence; church or religious institution; drug or alcohol rehabilitation facility; public community center or publicly owned or maintained building open for use by the general public; public park or playground.

1. 1. The distance referred to in this section is to be computed by direct measure from the nearest property line of the land used for the purposes itemized in paragraph 1 above to the nearest portion of the building in which the medical marijuana is to be dispensed.

1. Medical marijuana dispensaries shall comply with any and all applicable state statutes and regulations, including but not limited to any licensing and reporting requirements.

1. No medical marijuana dispensary shall cause or add to an undue concentration of such dispensaries and/or medical marijuana growing facilities in any area within unincorporated Larimer County.

1. Medical marijuana dispensaries shall have a fixed physical location and shall not operate a mobile dispensary. Reasonable delivery services to registered patients consistent with any conditions of approval are excluded from this restriction.

1. Medical Marijuana dispensaries shall not permit smoking or consumption of medical marijuana on their premises.

1. Medical marijuana dispensaries shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing medical marijuana and the theft of medical marijuana, to include at minimum, security cameras, locks, and safes.

Note:

• Any medical marijuana dispensary in existence and in operation within the unincorporated territory of Larimer County prior to January 4, 2010 which did not obtain special exception approval for that use from the Larimer County Board of County Commissioners is an illegal use. Such uses must obtain Special Review zoning approval in order to be a legal conforming use in Larimer County.

• Approval by the County of a Special Review application for a medical marijuana dispensary is in no way a finding that such operations are consistent with or allowed by any other laws or regulations other than Larimer County land use regulations. Any operator of a medical marijuana dispensary is responsible for complying with any other legal requirements and the consequences of any non-compliance. Approval of a medical marijuana dispensary through the Larimer County Special Review process is not a defense to any state or federal criminal charges.

G. Medical marijuana grow facility/operation. The use of any property or structure where marijuana plants are grown to sell, distribute, transmit, give, dispense or otherwise be provided in accordance with Section 14, Article XVIII of the Colorado Constitution.

Medical marijuana grow facilities/operations must comply with the following standards:

1. Medical marijuana grow facilities/operations shall not be located within 1,000 feet of any existing public or private school or licensed child care facility and shall not be located within 500 feet of any existing: principal campus of a college, university or seminary; residence; church or religious institution; drug or alcohol rehabilitation facility; public community center or publicly owned or maintained building open for use by the general public; or public park or playground.

1. 1. The distance referred to in this section is to be computed by direct measure from the nearest property line of the land used for the purposes itemized in paragraph 1 above to the nearest portion of the building in which the medical marijuana is to be dispensed or grown.

1. Medical marijuana grow facilities/operations shall comply with any and all applicable state statutes and regulations, including but not limited to any licensing and reporting requirements.

1. No medical marijuana grow facility/operation shall cause or add to an undue concentration of such medical marijuana growing facilities/operations and/or medical marijuana dispensaries in any area within unincorporated Larimer County.

1. Medical marijuana grow facilities/operation shall have a fixed physical location and shall not operate as a mobile growing facility.

1. Medical marijuana grow facilities/operations shall not permit smoking or consumption of medical marijuana on their premises.

1. Medical marijuana grow facilities/operations shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing medical marijuana and the theft of medical marijuana, to include at a minimum, security cameras, locks, and safes.

Note:

• Any medical marijuana grow facility/operation in existence and in operation within the unincorporated territory of Larimer County prior to January 4, 2010 which did not obtain special exception approval for that use from the Larimer County Board of County Commissioners is an illegal use. Such uses must obtain Special Review zoning approval in order to be a legal conforming use in Larimer County.

• Approval by the County of a Special Review application for a medical marijuana grow operation/facility is in no way a finding that such operations are consistent with or allowed by any other laws or regulations other than Larimer County land use regulations. Any operator of a medical marijuana grow facility/operation is responsible for complying with any other legal requirements and the consequences of any non-compliance. Approval of a medical marijuana grow facility/operation through the Larimer County Special Review process is not a defense to any state or federal criminal charges.

4. Add the following uses to the specified zoning districts as follows:

4.1.18. C-Commercial A. Principal uses under the Commercial category:

12. Medical marijuana dispensary (S) See section 4.3

13. Medical marijuana grow facility/operation (S) See section 4.3

and renumber the remainder of the section.

4.1.19. I-Industrial A. Principal uses under the Commercial category:

12. Medical marijuana dispensary (S) See section 4.3

13. Medical marijuana grow facility/operation (S) See section 4.3

and renumber the remainder of the section.

5. Amend the zoning table inset in Section 4.1 to include the following uses:

Category:	Use:	Zoning districts C and I:
Commercial	Medical marijuana dispensary	S
Commercial	Medical marijuana grow facility/operation	S

6. Amend only the first paragraph of section 4.3.10.B definition of home occupation to read:

Home occupation -  A business use conducted as a customary, incidental, and accessory use in the resident’s dwelling unit, attached garage or detached building, including office work, the making of art or crafts, trade uses, the providing of personal or professional services, and similar activities, and including retail sales of products produced on the premises and products clearly incidental, secondary and ancillary to the home occupation. Uses specifically excluded from home occupations include vehicle repair or similar activities, medical marijuana dispensaries and medical marijuana grow facilities/operations.

Related posts:

1. Video clips from Larimer County Commissioners and Planning Commission 1/4/10 regarding Medical Marijuana
2. Larimer County Republican Executive Board Passes Resolution to Support H.R. 1207 “The Federal Reserve Transparency Act of 2009”. The Board STRONGLY URGES Congresswoman Betsy Markey in Colorado’s Fourth Congressional District to support H.R. 1207.
3. Talk about Pre-Trial Services in Larimer County, CO – April 30, 2009

Related posts brought to you by Yet Another Related Posts Plugin.

NOTE:  You can read the finalized full text of the amendment passed by clicking here.

This discussion pertains to zoning in any land that is in unincorporated Larimer County.  Zoning in cities such as Fort Collins is not covered by the passed amendment.

This first clips is about 40 minutes long. This is the initial reading of the proposed zoning amendment dealing with medical cannabis in Larimer County.

After the reading the meeting was opened up for public comment. First up to speak was Cindy Hayden, MMJ patient and dispensary advocate from Loveland.

This video clip has two people speaking. Anthony Krepel owner of Merry Jane Wellness Center, Loveland, CO says he opened legally then county ordered closed. Tony Katzmakis sees residential setbacks as a problem in mixed-use areas.

The counties sheriff, Jim Alderden, discusses:
* personal grows of up to 6 plants should not be limited due to state law
* Dispensaries & growers need min. functional security systems
* large grow rooms need inspections to include elec, fire & hazmat

The next clip is a continuation of public commenting. Dr. Nancy Smith from the Center for Family Care in Fort Collins proposed maximizing distance from schools due to youth peer pressure. Wes Melander, a Larimer county resident, is concerned that proposed changes would prohibit caregivers in county & agreed about small growers w/ Sheriff Alderden but thinks home business exemption should allow up to 5 patients. John Clifton of Estes Park, sees no harm in unobtrusively providing for small (5-6) group of patients. Robert Walsh of Fort Collins, says large growers could be a problem, but small growers should be allowed. Travis Cutbirth with Medicinal Gardens in Fort Collins, zoning changes as proposed may violate state constitution with limitations on home based growing. Also that 20 mile limit not necessary since patients need CO state ID and MMJ license. Travis also thinks closing on Sunday not necessary. Chris Ralph
of the Wellness Center in Fort Collins thinks zoning requirement of public signage for growers will create security issues. Chris also suggested limiting sign content as possible solutions to the child peer pressure issues. Shaun Dougherty of Fort Collins thinks that security is not a zoning matter. Tony Katzmakis who owns property in tourist zoning off E. Mulberry emphasized need for electrical safety requirements.

Larimer County Planning commission debates and votes to recommend the MMJ zoning amendment to the county commissioners.

Commissioners Johnson and Donnelly debate and pass an amendment in regards to the land use code amendments regarding Medical Marijuana. There debate is broken into two videos  Motion carried 2-0.:

Below are the minutes from the meeting found on the Larimer county web site:

JOINT PUBLIC HEARING

BOARD OF COUNTY COMMISSIONERS & PLANNING COMMISSION

The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty and Michael Whitley, Principal Planners. Chair Johnson presided and Commissioner Donnelly was present. Also present were Planning Commission Members:  Thomas Benton, Mina Cox, Gerald Hart, Jana Hess, Nancy Wallace, and Karen Weitkunat; Staff members present included:  Frank Lancaster, County Manager; Sheriff Jim Alderden; Stacey Baumgarn, Facilities and Information Technology Department; Jeannine Haag and William Ressue, County Attorney’s Office; and Melissa Lohry, Deputy Clerk.

Planning Commission Chair Wallace opened the hearing and asked for public comment on the Land Use Code not related to medical marijuana. No one from the audience addressed the Board regarding these topics.

1.         LAND USE CODE AMENDMENTS REGARDING MEDICAL MARIJUANA, FILE #09-CA0104: This is a request to review proposed changes to the Larimer County Land Use Code regarding medical marijuana. Currently, the code does not have land use classifications for medical marijuana cultivation, processing, or dispensing and those operations are not specifically addressed by the 2006 International Building Code. Concerns about the cultivation and sale of medical marijuana include proximity to day cares and schools, the use, storage and disposal of chemicals, and the evaluation of the appropriate zoning districts and review procedures for the various land uses. In addition, the Sheriff’s Office and municipal law enforcement agencies have voiced anxiety about the secondary effects of medical marijuana operations.

In November 2000, Colorado voters approved Amendment 20 to the Colorado Constitution, which allows patients who have received a medical marijuana registry card issued by the Colorado Department of Public Health and Environment the right to engage in the lawful use of marijuana for medicinal purposes. Placement on the registry requires a physician recommendation (not a prescription) for treatment of a number of medical conditions including, but not limited to, severe pain, severe nausea, seizures, and persistent muscle spasms.  According to the Department of Public Health, severe pain is a reported condition for 90% of all registrants and muscle spasms are the second-most reported condition at 29% (patients can declare more than one condition).

Placement on the registry allows a patient to possess two ounces of marijuana or up to six marijuana plants, three of which can be flowering at any one time. A patient may choose to transfer that “allowance” to a designated care-giver who “has significant responsibility for managing the well-being of a patient who has a debilitating medical condition.” A patient may only designate one primary care-giver and there is no registry of care-givers. Beyond the definition of a primary care-giver, there are no regulations related to care-giver criteria and there is no limit to the number of patients a care-giver can manage.

Only patients and care-givers can cultivate and/or dispense medical marijuana and only patients are allowed to use medical marijuana. The Constitution references patients, physicians, and primary care-givers but makes no reference to dispensaries and provides no guidance regarding land use regulations for the cultivation, processing, or sale of medical marijuana.

The recent proliferation in medical marijuana dispensaries statewide is the result of a number of changes both at the state and federal levels.

In 2004, the Department of Public Health and Environment created an administrative guideline that a primary care-giver could care for only five registered patients in total. In 2007 a Denver District Judge overturned this limitation because of concerns regarding the process by which the guideline had been adopted, including the fact that there were no public hearings regarding the limitation.

In July of 2009, the Department of Public Health and Environment expanded the definition of primary care-giver to include those whose sole contact with the patient was the provision of medical marijuana. The expanded definition has been subject to court action with no decisive conclusion to date.

In October of 2009, a new federal policy was adopted that stated although the manufacture, distribution, possession, and use of marijuana is prohibited by federal law, federal law enforcement agencies should not seek to prosecute marijuana cases in which the defendant is in compliance with state medical marijuana laws.  Colorado is one of fourteen states that allows for the use of medical marijuana.

With no limit to the number of patients for which a care-giver may provide, a low threshold for being considered to be a primary care-giver, and removal of the threat of federal prosecution, the number of medical marijuana dispensaries in Colorado has expanded in recent months as has the number of registered patients. The most recent statistics from the Colorado Department of Public Health and Environment, from August 31, 2009, state that there were 1,296 medical marijuana patients registered in Larimer County which is 9% of the total number of registered patients in Colorado.

Counties and municipalities throughout the state have had to determine how to regulate medical marijuana as it potentially affects land use within the county. Some jurisdictions have enacted bans, some jurisdictions have fit medical marijuana uses into existing regulations (treating dispensaries as a retail use for example), and some jurisdictions have created new land use regulations specific to medical marijuana. Several jurisdictions, including Fort Collins and Loveland, have enacted, or are contemplating enacting, moratoriums on medical marijuana dispensaries.

The private growing and use of medical marijuana by individual patients is not a land use concern as long as the number of plants grown and their use complies with Department of Health regulations; however, the growing, processing, and dispensing of medical marijuana on a commercial scale requires land use regulations.  To date, Planning and Building staff have not approved any new uses related to medical marijuana in unincorporated Larimer County, although there could be active operations that are unknown or that have not received land use approval.  Inquiries have been received seeking to establish a cultivation operation, a combined cultivation and processing operation, and two potential dispensary sites in unincorporated Larimer County but none of those inquiries have resulted in formal land use requests.

On December 7, 2009, the Board of County Commissioners approved a 7-month moratorium on permits or licenses related to the operation of businesses that cultivate, process, or dispense medical marijuana and the establishment of any business, occupation, or operation relating to those activities. The purpose of the moratorium is to allow Larimer County time to adopt Land Use Code amendments for those uses.

The moratorium covers all of unincorporated Larimer County including unincorporated property within the Estes Valley Planning Area. The Community Development Department of the Town of Estes Park reviews land use planning and zoning applications for the Estes Valley through an intergovernmental agreement with Larimer County. If the proposed Land Use Code amendments are approved, Planning staff recommends that the Board of County Commissioners retain the moratorium in the Estes Valley Planning Area but revoke the moratorium for the remainder of unincorporated Larimer County.

The proposed Land Use Code amendments define “Medical Marijuana Dispensary” as “the use of any property or structure to sell, distribute, transmit, give, dispense, or otherwise provide medical marijuana in accordance with Section 14, Article XVIII of the Colorado Constitution.” The proposed amendments also define “Medical Marijuana Grow Facility/Operation” as “the use of any property or structure where marijuana plants are grown to sell, distribute, transmit, give, dispense, or otherwise be provided in accordance with Section 14, Article XVIII of the Colorado Constitution.”

The code amendments would allow Medical Marijuana Dispensaries and Medical Marijuana Grow Facility/Operations through the Special Review process in the C-Commercial and I- Industrial zoning districts and would establish standards for those uses.  The Code amendments would also modify the definition of a home occupation to exclude medical marijuana dispensaries and medical marijuana grow facilities/operations from being operated as a home occupation.

The proposed amendments are as follows:

A.        In Sections 0.1 (Definitions) and 4.3.10.B (Home occupation), amend the definition of home occupation as follows:

Home occupation. A business use conducted as a customary, incidental, and accessory use in the resident’s dwelling unit, attached garage or detached building, including office work, the making of art or crafts, trade uses, the providing of personal or professional services, and similar activities, and including retail sales of products produced on the premises and products clearly incidental, secondary and ancillary to the home occupation. Uses specifically excluded from home occupations include vehicle repair or similar activities, medical marijuana dispensaries, and medical marijuana grow facilities/operations.

B.        In Sections 0.1, add definitions for the following:

Medical marijuana dispensary. The use of any property or structure to sell, distribute, transmit, give, dispense, or otherwise provide medical marijuana in accordance with Section 14, Article XVIII of the Colorado Constitution.

Medical marijuana grow facility/operation . The use of any property or structure where marijuana plants are grown to sell, distribute, transmit, give, dispense, or otherwise be provided in accordance with Section 14, Article XVIII of the Colorado Constitution.

C.        Amend the C – Commercial (Section 4.1.18) and I – Industrial (Section 4.1.19) zoning districts to allow a medical marijuana dispensary and medical marijuana grow facility/operation by Special Review (S). List these uses under the “Commercial” category and renumber the remainder of the section:

12.       Medical marijuana dispensary (S) See section 4.3

13.       Medical marijuana grow facility/operation (S) See section 4.3

D.        Amend the zoning table inset in Section 4.1 to include the following in the C and I zoning districts:

E.         Add the following to Section 4.3.3, Commercial Uses, and renumber the remainder of the section:

F. Medical marijuana dispensary. The use of any property or structure to sell, distribute, transmit, give, dispense, or otherwise provide medical marijuana in accordance with Section 14, Article XVIII of the Colorado Constitution.

Medical Marijuana Dispensaries Must Comply with the Following Standards:

1.         Medical marijuana dispensaries shall not be located within 500-feet of any existing: public or private school; principal campus of a college, university or seminary; residence; church or religious institution; drug or alcohol rehabilitation facility; public community center or publicly owned or maintained building open for use by the general public; public park or playground; or licensed child care facility.

a.         The distance referred to in this section is to be computed by direct measure from the nearest property line of the land used for the purposes itemized in paragraph 1 above to the nearest portion of the building in which the medical marijuana is to be dispensed.

2.         Medical marijuana dispensaries shall comply with any and all applicable state statutes and regulations, including but not limited to any licensing and reporting requirements.

3.         No medical marijuana dispensary shall cause or add to an undue concentration of such dispensaries and/or medical marijuana growing facilities in any area within unincorporated Larimer County.

4.         Medical marijuana dispensaries shall have a fixed physical location and shall not operate a mobile dispensary. Reasonable delivery services to registered patients consistent with any conditions of approval are excluded from this restriction.

5.         Medical marijuana dispensaries may only operate between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday.

6.         Medical Marijuana dispensaries shall not permit smoking or consumption of medical marijuana on their premises.

7.         Medical marijuana dispensaries shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing medical marijuana and the theft of medical marijuana, to include at minimum, security cameras, locks, and safes.

8.         No medical marijuana dispensaries shall be located within 20-miles of a Colorado State border.

Note:

Any medical marijuana dispensary in existence and in operation within the unincorporated territory of Larimer County prior to (date of adoption) which did not obtain special exception approval for that use from the Larimer County Board of County Commissioners is an illegal use.  Such uses must obtain Special Review zoning approval in order to be a legal conforming use in Larimer County.

Approval by the county of a Special Review application for a medical marijuana dispensary is in no way a finding that such operations are consistent with or allowed by any other laws or regulations other than Larimer County land use regulations. Any operator of a medical marijuana dispensary is responsible for complying with any other legal requirements and the consequences of any non-compliance.  Approval of a medical marijuana dispensary through the Larimer County Special Review process is not a defense to any state or federal criminal charges.

G. Medical marijuana grow facility/operation . The use of any property or structure where marijuana plants are grown to sell, distribute, transmit, give, dispense, or otherwise be provided in accordance with Section 14, Article XVIII of the Colorado Constitution.

Medical Marijuana Grow Facilities/Operations Must Comply with the Following Standards:

1.         Medical marijuana grow facilities/operations shall not be located within 500-feet of any existing: public or private school; principal campus of a college, university or seminary; residence; church or religious institution; drug or alcohol rehabilitation facility; public community center or publicly owned or maintained building open for use by the general public; public park or playground; or licensed child care facility.

a.         The distance referred to in this section is to be computed by direct measure from the nearest property line of the land used for the purposes itemized in paragraph 1 above to the nearest portion of the building in which the medical marijuana is to be dispensed or grown.

2.         Medical marijuana grow facilities/operations shall comply with any and all applicable state statutes and regulations, including but not limited to any licensing and reporting requirements.

3.         No medical marijuana grow facility/operation shall cause or add to an undue concentration of such medical marijuana growing facilities/operations and/or medical marijuana dispensaries in any area within unincorporated Larimer County.

4.         Medical marijuana grow facilities/operation shall have a fixed physical location and shall not operate as a mobile growing facility.

5.         Medical marijuana grow facilities/operations shall not permit smoking or consumption of medical marijuana on their premises.

6.         Medical marijuana grow facilities/operations shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing medical marijuana and the theft of medical marijuana, to include at a minimum, security cameras, locks, and safes.

7.         No medical marijuana grow facilities/operations shall be located within 20-miles of a Colorado State border.

Note:

Any medical marijuana grow facility/operation in existence and in operation within the unincorporated territory of Larimer County prior to (date of adoption) which did not obtain special exception approval for that use from the Larimer County Board of County Commissioners is an illegal use.  Such uses must obtain Special Review zoning approval in order to be a legal conforming use in Larimer County.

Approval by the county of a Special Review application for a medical marijuana grow operation/facility is in no way a finding that such operations are consistent with or allowed by any other laws or regulations other than Larimer County land use regulations. Any operator of a medical marijuana grow facility/operation is responsible for complying with any other legal requirements and the consequences of any non-compliance. Approval of a medical marijuana grow facility/operation through the Larimer County Special Review process is not a defense to any state or federal criminal charges.

Mr. Whitley presented the proposed amendments as written above and Ms. Haag explained to both commissions that the amendments were based on a bill set to go before state authorities during the upcoming legislative session.

Mr. Morgan asked staff why the proposed amendments did not mirror the requirements and restrictions in place for liquor licenses.  Mr. Ressue stated that the proposed state bill will probably include licensing guidelines, not under the authority of the county.

Commissioner Donnelly asked why staff had proposed limiting the establishment of a dispensary or grow facility within 20-miles of the Colorado State border.  Mr. Whitley stated the restriction was included to mirror proposed state regulations, seemingly to prevent trafficking of a controlled substance.

Mr. Hart asked staff what municipalities within the county were doing to address this issue.  Mr. Whitley stated that all municipalities located within Larimer County have placed moratoriums on both medical marijuana grow facilities and dispensaries and are currently reviewing similar codes and restrictions.  Mr. Hart stated the county should not consider allowing dispensaries within its jurisdiction as patients’ needs will be adequately addressed by operations in other municipalities.

There was discussion between both commissions and staff regarding the restriction of operations within 20-miles of the state border and whether operations would be allowed in the PD-Public Development zoning area.

Planning Commission Chair Wallace opened the hearing to public comment.

Cindy Hayden addressed the Board and explained that her son opened a medical marijuana dispensary in unincorporated Larimer County, near Loveland, in an area zoned C-Commercial.  Ms. Hayden said her son completed all of the necessary applications for the business and made it very clear that the business would be a dispensary; however, he received a cease and desist order from Larimer County.  Ms. Hayden stated she did not feel this was fair.

Anthony Krepel, owner of Mary Jane’s Wellness Center, addressed the Board and reiterated what Ms. Hayden’s statements.

Commissioner Johnson thanked Ms. Hayden and Mr. Krepel for trying to run a legal business.

Tony Katsmakis addressed the Board and requested they remove the restriction of dispensary and grow facility locations within 500-feet of a residence.  Mr. Katsmakis stated that it is unfair to disallow dispensaries or grow facilities near residences because individuals could possibly reside in I-Industrial and C-Commercial zoning areas.

Sheriff Alderden addressed the Board with concerns that some of the proposed regulations are not adequately defined. He noted that the definitions of both a grow facility/operation and dispensary may unintentionally include primary-care-givers, which are allowed and defined within Amendment 20. Sheriff Alderden also expressed concern that the proposed security requirements are not strict enough.

Chris Ralph also expressed concerns about security, specifically the requirement for public notification.  Mr. Ralph stated that if a primary-care-giver were required to notify surrounding land owners, as required for all special reviews, the safety of the patient, grower, and marijuana plants would be compromised.

Dr. Nancy Smith and Luke Weaver requested the proposed amendments be modified to include increased distances from dispensaries or grow facilities and schools. Both stated that increased exposure to medical marijuana operations could lead to increased temptations and/or illegal use of marijuana.

Wes Melander, John Clifton, Kirk Pederson, and Travis Cutbirth all addressed the Board with concerns about impeding the rights of primary-care-givers. Many stated that they currently care for friends or family members who use medical marijuana but are unable to cultivate their plants. If the amendments are approved in their current form, primary-care-givers would not be allowed to cultivate plants in their residences for use or consumption by registered patients.

Albert Walsh expressed concern that the proposed amendments would restrict grow facilities to be large-scale commercial operations, which would create environmental hazards due to large amounts of chemical waste.

Sean Dougherty addressed the Board and questioned the county’s ability to regulate security requirements via the land use code.

Many of the above individuals also expressed displeasure with the proposed closure of dispensaries on Sunday; arguing that if liquor stores are allowed to sell liquor on Sundays, dispensaries should be allowed to sell marijuana.

Planning Commission Chair Wallace closed public comment and much discussion ensued between the Planning Commission, and staff regarding zoning, primary-care-givers, and whether all of the proposed regulations were within county jurisdiction.

Ms. Haag stated that because the growth and distribution of medical marijuana are so different from other county authorized land uses, both require unique standards and restrictions.  Ms. Haag also cautioned both commissions to weigh the contradiction of federal and state laws regarding marijuana consumption.

Mr. Hart reiterated his stance that the county should not consider allowing dispensaries within its jurisdiction as patients’ needs will be adequately met by operations in other municipalities.

M O T I O N

Planning Commissioner Morgan moved that the Larimer County Planning Commission recommend approval of the Land Use Code Amendments Regarding Medical Marijuana, file #09-CA0104, subject the following modifications:

1.         Section 4.3.3.F.5 shall be amended to read, “Medical marijuana dispensaries will have limited hours of operation.”

2.         Sections 4.3.3.F.1 shall be amended to read, “Medical marijuana dispensaries shall not be located within a minimum of 1,000-feet of any existing: public or private school; principal campus of a college, university or seminary; residence; church or religious institution; drug or alcohol rehabilitation facility; public community center or publicly owned or maintained building open for use by the general public; public park or playground; or licensed child care facility.”

3.         Sections 4.3.3.G.1 shall be amended to read, “Medical marijuana grow facilities/operations shall not be located within a minimum of 1000-feet of any existing: public or private school; principal campus of a college, university or seminary; residence; church or religious institution; drug or alcohol rehabilitation facility; public community center or publicly owned or maintained building open for use by the general public; public park or playground; or licensed child care facility.”

Planning Commissioner Hess seconded the motion.

Motion carried 6-2, Planning Commissioners Hart and Cox dissenting.

Commissioner Donnelly thanked staff, the Planning Commission, and the public for their work and input. He requested removal of Sections 4.3.3.F.8 and 4.3.3.G.7, establishing 20-foot buffers between medical marijuana dispensaries or medical marijuana grow facilities/operations and the Colorado State border. Commissioner Donnelly also requested Sections 4.3.3.F.1 and 4.3.3.G.1 be amended to require a distance no less than 1000-feet between medical marijuana dispensaries or medical marijuana grow facilities/operations and facilities frequented by children; while requiring a distance no less than 500-feet from all other facilities.

Chair Pro-Tem Johnson thanked staff and the Planning Commission for their hard work and dedication. He cautioned staff and the public that these amendments are a good starting point; however, they are not a final product and, in the future, will probably require multiple revisions. He further emphasized the need to make balanced regulations to allow the use of medical marijuana to continue and thanked potential medical marijuana business owners for striving to conduct their business in a legal manner.

M O T I O N

Commissioner Donnelly moved that the Board of County Commissioners approve the proposed Land Use Code amendments, file #09-CA0104, to retain the moratorium on the establishment of medical marijuana dispensaries and medical marijuana grow facilities/operations in the Estes Valley Planning Area and revoke the moratorium for the remainder of unincorporated Larimer County, subject to the following modifications:

1.         R emove Sections 4.3.3.F.8 and 4.3.3.G.7.

2.         Sections 4.3.3.F.1 shall be amended to read, “Medical marijuana dispensaries shall not be located within a minimum of 1000-feet of any existing: public or private school; principal campus of a college, university or seminary; public park or playground; or licensed child care facility. Medical marijuana dispensaries shall also not be located within 500-feet of any existing residence; church or religious institution; drug or alcohol rehabilitation facility; or any public community center or publicly owned or maintained building open for use by the general public.”

3.         Sections 4.3.3.G.1 shall be amended to read, “Medical marijuana grow facilities/operations shall not be located within a minimum of 1000-feet of any existing: public or private school; principal campus of a college, university or seminary; public park or playground; or licensed child care facility. Medical marijuana grow facilities/operations shall also not be located within 500-feet of any existing: residence; church or religious institution; drug or alcohol rehabilitation facility; or any public community center or publicly owned or maintained building open for use by the general public.”

Motion carried 2-0.

There being no further business, the hearing adjourned at 9:30 p.m.

Related posts:

1. Amendments to the Larimer County Land Use regarding medical marijuana as approved by the Board of County Commissioners on Monday January 4, 2010
2. Talk about Pre-Trial Services in Larimer County, CO – April 30, 2009
3. Larimer County Republican Executive Board Passes Resolution to Support H.R. 1207 “The Federal Reserve Transparency Act of 2009”. The Board STRONGLY URGES Congresswoman Betsy Markey in Colorado’s Fourth Congressional District to support H.R. 1207.

Related posts brought to you by Yet Another Related Posts Plugin.

Related posts:

1. Lindsey Graham Slams Ron Paul and Republicans With Libertarian Values
2. Video: Candidate Search 2010 11/13/2009
3. Dean Madere 2010 Candidate for Colorado’s 4th Congressional District

Related posts brought to you by Yet Another Related Posts Plugin.

Andrew G. Eggleston Sr., Colorado’s organizer for The Liberty Coalition explains the goals of his group.

Thoughts from some of the rally’s participants.

More thoughts from some of the rally’s participants.

To see videos of other End the Fed events across the country visit this thread at RonPaulForums.com.

Related posts:

1. Video of Ron Paul Rally held in Denver, Colorado February 1st, 2008
2. Ron Paul Supporter Pays for Full Page Ad in USA Today – Hundreds help Design Ad
3. Ron Paul to be in Cheyenne for a Free Rally on 10-28-07

Related posts brought to you by Yet Another Related Posts Plugin.

Part 1:

Part 2:

Part 3:

Related posts:

1. Dean Madere 2010 Candidate for Colorado’s 4th Congressional District
2. VIDEO: Luke Korkowski, US CO (R) 2010 Senatorial Q&A on 9/10/09
3. Looking forward to 2010… infocasting interactively

Related posts brought to you by Yet Another Related Posts Plugin.

Statement from Penry.

The GOP establishment and thus, the rank-and-file is falling for it again. Without any serious and visible progress being made towards true conservatism, one-by-one, each of the candidates that even had a semblance of provoking a move towards real revision in the GOP vision, mission and message is dropping out in favor of the hand-picked candidates of the Republican establishment.

The only remaining, non-establishment candidate in a statewide race of any importance is Ken Buck in the US Senate primary race against Jane Norton to face Bennet in 2010. Jane Norton is a loser for the GOP even if she wins the race. Scott McGinnis would prove the same as Governor. He likes to appear as the outsider due to his feud with Dick Wadhams and the state party. That’s window dressing. He’s an establishment NeoCon through and through. His ethical and decisional challenges have already been on display early on in his campaign.

This type of compromise, locally, statewide and federally may allow the GOP to claim some recovery of the legislative majorities and office losses of the last six years in 2010. However, the result for Coloradoans and people of the United States by 2012 and beyond will continue to be disaster, only to a slightly lesser degree than having the Dems in charge. But disaster just the same.

The failure of the Party establishment to recognize the immediate need to dramatically and internally change the course of the GOP from the failures of the last decade is going to complete the split going into 2012. Any wins by the establishment candidates will simply return the party to the status quo, same-ol’, same-ol’, while Rome continues to burn. The wins by the establishment candidates (of all stripes) will be hailed as some kind of huge recovery, when in fact it will it will simply be the extension of the status quo. Apparently nothing is going to change in the GOP until complete disaster overtakes the country and by then it will be too late.

These campaigns, as in the Penry letter, will be sold as campaigns of necessity, made necessary only by the need to win at all costs without taking account of the actual cost. That is a historical failure in the GOP and will insure the end result for America is complete and utter systemic failure.

Related posts:

1. Anti-Business Colorado law causes Amazon to stop advertising through Associates based in Colorado
2. Press Release: Missouri Sunshine Law to Challenge Governor and Police
3. VIDEO: Luke Korkowski, US CO (R) 2010 Senatorial Q&A on 9/10/09

Related posts brought to you by Yet Another Related Posts Plugin.

Related posts:

1. My 1st hand video of the Balloon/Boy Media Circus
2. Multi-Media Mashups: Legalities
3. Freedom…

Related posts brought to you by Yet Another Related Posts Plugin.

Related posts:

1. “End the Fed” Rallies 11/22/2008
2. Remembering Ron Paul 2008 and moving on in the Campaign for Liberty
3. Anti-Business Colorado law causes Amazon to stop advertising through Associates based in Colorado

Related posts brought to you by Yet Another Related Posts Plugin.

Related posts:

1. Investigating the Media’s stakeout of Balloon Boy’s home
2. Multi-Media Mashups: Legalities
3. VIDEO: CSU Hearing on “Taser this… Bush” Editorial

Related posts brought to you by Yet Another Related Posts Plugin.

Vaccines and Health 9/28/09 Denver from InTheory TV on Vimeo.

Related posts:

1. Dueling Health Care Plan Protests in Fort Collins on July 29, 2009
2. What You Were Never Told About Vaccines
3. Kombucha 101 – Methods and Materials for starting your first batch!

Related posts brought to you by Yet Another Related Posts Plugin.

Related posts:

1. Jeffry John Aufderheide: DAMN THE TORPEDOES! CDC continues to adopt ‘full throttle’ approach to mass vaccinate US population despite public meetings
2. VacTruth.com: FDA Requests Meeting With Activists Exposing Gardasil Adverse Reactions
3. Pfizer and Company Licking Chops at Autism Profits

Related posts brought to you by Yet Another Related Posts Plugin.

Luke Korkowski

At the Northern Colorado Liberty Group‘s September meeting special guest Luke Korkowski took questions from the crowd.

He is campaigning to be the Republican nominee in the 2010 Colorado U.S. Senate race and to eventually be Colorado’s next Senator. Currently Michael Bennett has the position up for grabs in 2010. Korkowski could of given a speech but he opened himself right up to questions and for that I applaud him for that as well as his stand on abolishing the Federal Reserve.

If you visit his web site the first quote you will see in large type is this:

“If we’re willing to think hard together, to overcome our assumptions and our egos, we can solve America’s challenges.”

Part 1
In this section he takes a question on what he would like to repeal and abolish as well as question about health care reform.

Part 2
In this section he is asked which politician is his role model.

Part 3
In this section he is asked about being a statesman, and how he expects to make it past the Republican convention against against the other more well known Republican Senatorial candidates.

Related posts:

1. Amendments to the Larimer County Land Use regarding medical marijuana as approved by the Board of County Commissioners on Monday January 4, 2010
2. Video clips of 6 Questions/Answers — Ron Paul SC at Debate
3. Thomas E. Woods in Boulder – 2 video clips: H.R. 1207 and he talks about spending

Related posts brought to you by Yet Another Related Posts Plugin.

(Text from the email I received about this):
———————
This is from the U.S. Department of Education website, www.ed.gov. Many parents are considering keeping their children home on that day due to the potential political nature of the address. – Dan

Letter From Secretary Arne Duncan to School Principals
August 26, 2009

Please note that the time of this speech has changed to 12:00 noon eastern standard time.
Dear Principal:
In a recent interview with student reporter, Damon Weaver, President Obama announced that on September 8 — the first day of school for many children across America — he will deliver a national address directly to students on the importance of education. The President will challenge students to work hard, set educational goals, and take responsibility for their learning. He will also call for a shared responsibility and commitment on the part of students, parents and educators to ensure that every child in every school receives the best education possible so they can compete in the global economy for good jobs and live rewarding and productive lives as American citizens.
Since taking office, the President has repeatedly focused on education, even as the country faces two wars, the worst economic crisis since the Great Depression and major challenges on issues like energy and health care. The President believes that education is a critical part of building a new foundation for the American economy. Educated people are more active civically and better informed on issues affecting their lives, their families and their futures.
This is the first time an American president has spoken directly to the nation’s school children about persisting and succeeding in school. We encourage you to use this historic moment to help your students get focused and begin the school year strong. I encourage you, your teachers, and students to join me in watching the President deliver this address on Tuesday, September 8, 2009. It will be broadcast live on the White House website www.whitehouse.gov 12:00 noon eastern standard time.
In advance of this address, we would like to share the following resources: a menu of classroom activities for students in grades preK-6 and for students in grades 7-12. These are ideas developed by and for teachers to help engage students and stimulate discussion on the importance of education in their lives. We are also staging a student video contest on education. Details of the video contest will be available on our website www.ed.gov in the coming weeks.
On behalf of all Americans, I want to thank our educators who do society’s most important work by preparing our children for work and for life. No other task is more critical to our economic future and our social progress. I look forward to working with you in the months and years ahead to continue improving the quality of public education we provide all of our children.
Sincerely,
Arne Duncan

Related posts:

1. Barack Obama, Chris Matthews, Richard Haass & the CFR
2. Remembering Ron Paul 2008 and moving on in the Campaign for Liberty

Related posts brought to you by Yet Another Related Posts Plugin.

I met Jerry during Ron Paul’s Presidential campaign. He was an important asset to our group as he helped teach many of us learn Robert’s Rules of Order as well as share his knowledge he had gained from being at other state conventions. He has a good knowledge of history and a deep understanding of the Constitution. He is logical, fair, and has a sense of humor; he would be an asset to the Continental Congress and I strongly support his candidacy.

See a video of Jerry telling us why he wants to be one of our state’s delegates:

Visit Colorado’s state page to read more about Jerry Patterson and the other nominees by clicking HERE.

Jerry Patterson wrote the following after his nomination:

I would be honored to serve Colorado as one of the delegates to the 2009 Continental Congress. My love for our republic and my heartbreak over its slow and painful destruction continues to grow and grow. As a young boy, watching things like Mr. Smith Goes to Washington and Congressional proceedings on C-SPAN (I never said I was normal) coupled with my knowledge of our history, our hard-fought independence, our brilliantly structured government and Constitution and our rare liberties stirred something deep inside me. I still tear up every time I hear and sing those beautiful words penned by Francis Scott Key while he awaited the desperate fate of his fellow patriots, seeing our beautiful flag still flying high after a fierce battle. It reminds me of the precious gift and sacred trust we have in our country and Constitution that was won with much of our fellow patriots’ blood.

I have waited and hoped that, as the pendulum “always” swings that we would see a peaceable and natural correction back toward our founding principles. I have been found wanting of this “correction” my whole life and now see the light at the end of the tunnel dimming and no swinging back as the current empowered jackals have decided to run our blessed nation squarely off a cliff, entangling us in the affairs of foreign powers and submitting us into their servitude, destroying the American franchise, ruining healthy businesses and turning around and blaming the free market, destroying the value of our currency, meddling in and destroying the lives of every day people for little good reason, taxing our wealth *as individuals* beyond any possible toleration and unfairly punishing the successful, further using this tax code as way to manipulate and dictate our lives, and “solving” the problem of poverty by creating more of it and forcing others to foot the bill. I love our country, our government, and our freedoms that cannot compare to any understanding of history, even the freedoms we still enjoy today – but without intervention we will go the way of Rome, create an empire, because that’s all we’ll have left to do (in fact, we’ve already started – both militarily and via the push towards a North American Union and One World Government) and vote ourselves bread and circuses (called welfare, food stamps, Medicare and soon ObamaCare) and then fall hard, becoming one millionth of what we once were and taking the world with us – at best into a second dark age…or at worst into slavery to a powerful, crushing, worldwide dictatorship.

This Congress is an important step to reverse this ever-darkening trend. It is an assertion of us, THE PEOPLE, that WE WILL have a representative and Constitutional republic and WE WILL NOT be ignored.

I have made it my life goal to work to make the places I live better for my family, my neighbors, Northern Coloradoans, and all my fellow countrymen. I have always looked for ways to solve problems, bring peace, and positive change in ways that promote honesty and integrity in our institutions, encourages good will and good faith actions by all parties involved, and balances liberty and justice. In high school, I took a lower mark in composition for basically calling the Supreme Court treasonous for working harder to find ways around the Constitution than forcing the government to work within its constraints; I was called irreverent. In college, at Iowa State University, I participated in our residence hall legislature. For the simple act of holding an ineffective multicultural awareness group accountable by suggesting we cut their funding; I was called a racist. I have been elected delegate to several State Republican Conventions in Iowa and Colorado through their caucus/convention systems and have served on two central committees for the Larimer County Republican Party as a precinct chair – I dedicated myself to vote for candidates, leaders, and platforms that supported our Constitution, our liberties, and the reduction of the scope and size of government – including standing up for Ron Paul at the last Colorado State Republican Convention. I was appointed to the Commission on Disability in Fort Collins where I worked to find ways to improve access to services provided by taxpayers for all our citizens. I was also on the executive committee of a non profit that raised *private* donations to build a beautiful playground where all Northern Colorado children can come and play, Inspiration Playground. I even went toe to toe in my kids’ school (a parent run charter school) with the Board of Directors in a public meeting whose purpose was to throw out two Directors simply for attempting to call the board to accountability and transparency. I am a member of Ron Paul’s Campaign for Liberty and am like-minded with a great number of other liberty-minded organizations. I am not afraid to stand up for what is right and to keep standing, even if I am the only one.

Outside of the political arena, I have worked to sustain and further build our community by volunteering to coach soccer teams, to help in my kids’ school, and lead technical and nursery ministries at churches I’ve attended over the years – serving today’s generation and building up the next, and learning a lot about practical, effective, and the difference between “lording” versus “servant” leadership.

Of course, I didn’t do any of this so that I could some day tout my life accomplishments or to further some political career, but rather because I want to live in and secure for my children, my grandchildren, and generations thereafter the country Thomas Jefferson, James Madison, Alexander Hamilton, Benjamin Franklin and so many others desired to establish here on this Continent, whatever part I can play, large or small, in that work.

As your representative to the Continental Congress, it will be my solemn pledge to stand for the restoration of our God-given rights and our great republic, working diligently to chart the course for how to peaceably and swiftly bring about the restoration.

Related posts:

1. Review of ColoradoFreedom.net – Colorado Liberty News and Events
2. Adam Kokesh Announces Bid for Congress
3. Remembering Ron Paul 2008 and moving on in the Campaign for Liberty

Related posts brought to you by Yet Another Related Posts Plugin.