In Theory TV

VacTruth.com: FDA Requests Meeting With Activists Exposing Gardasil Adverse Reactions

I.T. (In Theory) — Mon, 08 Mar 2010 15:25:41 +0000

Recent video of Leslie Carol Botha, one of the ‘Little Women with Big Voices’ talking about the upcoming presentation to the FDA (read below):

Following is the first part of an article posted at VacTruth this morning: FDA Requests Meeting With Activists Exposing Gardasil Adverse Reactions

Christina England
Vactruth.com
03/08/10

Throughout history there have been strong women debating big issues and changing history, amongst them are Joan of Arc, Emrneline Pankhurst and Amelia Earhart. On the 12th March 2010 in an extraordinary move, six strong, brave women of the world will come forward to present their research, documents and findings involving probably the most controversial vaccine of all times Gardasil to the FDA. What they have uncovered does not make easy reading.

Calling themselves ‘Little Women with Big Voices’ they have been formally invited by the FDA to present their information. The women making the presentation on behalf of the parents whose daughters have died or have been injured by the HPV vaccines are: Karen Maynor; mother of the late Megan Hild, New Mexico; Rosemary Mathis: whose daughter Lauren was adversely injured, North Carolina; Freda Birrell; political activist and lobbyist, Scotland and the United Kingdom; Leslie Carol Botha; broadcast journalist, Colorado; Cynthia Janak: research analyst, Illinois; and Janny Stokvis: research analyst, Netherlands.

The press release released today, Monday 8th 2010 says

“Over 17,500 adverse reactions and 64 deaths have been reported to VAERS (estimated 1 to 10% of the population reporting). The National Vaccine Information Center (NVIC) has posted 272 VAERS reports of abnormal pap tests post-vaccination. Reports of deaths and injuries are now coming in from the United States, New Zealand, Australia, United Kingdom, France, Germany, Spain and India.

Birrell has compiled 40 pages of reports of deaths and injuries from the above countries for the FDA. Stokvis and Mathis have compiled data of vaccine injuries and deaths from VAERS. Botha is presenting studies on menstrual cycle evaluation to prevent vaccine injury – and the impact of aluminium on the endocrine system. Janak has researched vaccine ingredients and believes that she has found the reason as to why “healthy” girls have been injured or have died suddenly and unexpectedly within days weeks, months or potentially years after vaccination.”

…

Read the rest of the article at VacTruth: FDA Requests Meeting With Activists Exposing Gardasil Adverse Reactions

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

Anti-Business Colorado law causes Amazon to stop advertising through Associates based in Colorado

I.T. (In Theory) — Mon, 08 Mar 2010 08:28:57 +0000

Although I haven’t made money from Amazon Associates program, other people who run web sites in Colorado do. Now they can’t because HB 10-1193 was passed and signed into law in Colorado. I received this email from Amazon early this morning:

Dear Colorado-based Amazon Associate:

We are writing from the Amazon Associates Program to inform you that the Colorado government recently enacted a law to impose sales tax regulations on online retailers. The regulations are burdensome and no other state has similar rules. The new regulations do not require online retailers to collect sales tax. Instead, they are clearly intended to increase the compliance burden to a point where online retailers will be induced to “voluntarily” collect Colorado sales tax — a course we won’t take.

We and many others strongly opposed this legislation, known as HB 10-1193, but it was enacted anyway. Regrettably, as a result of the new law, we have decided to stop advertising through Associates based in Colorado. We plan to continue to sell to Colorado residents, however, and will advertise through other channels, including through Associates based in other states.

There is a right way for Colorado to pursue its revenue goals, but this new law is a wrong way. As we repeatedly communicated to Colorado legislators, including those who sponsored and supported the new law, we are not opposed to collecting sales tax within a constitutionally-permissible system applied even-handedly. The US Supreme Court has defined what would be constitutional, and if Colorado would repeal the current law or follow the constitutional approach to collection, we would welcome the opportunity to reinstate Colorado-based Associates.

You may express your views of Colorado’s new law to members of the General Assembly and to Governor Ritter, who signed the bill.

Your Associates account has been closed as of March 8, 2010, and we will no longer pay advertising fees for customers you refer to Amazon.com after that date. Please be assured that all qualifying advertising fees earned prior to March 8, 2010, will be processed and paid in accordance with our regular payment schedule. Based on your account closure date of March 8, any final payments will be paid by May 31, 2010.

We have enjoyed working with you and other Colorado-based participants in the Amazon Associates Program, and wish you all the best in your future.

Best Regards,

The Amazon Associates Team

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

New Saturday ITTV schedule starts March 6th

I.T. (In Theory) — Sat, 27 Feb 2010 16:42:58 +0000

My new schedule for my infocast is Saturdays. But just not this Saturday. Will start next week.

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

In Theory TV broadcast moving to Saturday at noon MST

I.T. (In Theory) — Thu, 25 Feb 2010 03:30:06 +0000

My infocast is moving from Wednesdays to Saturdays. Same locations, just a different day to better fit my schedule and for me to bring you even more! Broadcast will start at noon MST, 2 PM EST and go for two hours.

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

Ron Paul on Government Intervention

I.T. (In Theory) — Wed, 24 Feb 2010 17:02:26 +0000

On Wednesday, Ron Paul discussed the moral hazard caused by government interference in the market during his opening statement in the Financial Services Committee hearing on “Monetary Policy and the State of the Economy.”

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

Ron Paul telling the TRUTH at CPAC 2/19/2010

I.T. (In Theory) — Fri, 19 Feb 2010 23:25:42 +0000

The speech brings joy to my heart. Telling the truth is how evil will be conquered!

I saw and captured the last 10 minutes of Ron Paul’s speech and he talked boldly. There could be 10 to 15 minutes of him speaking that I don’t have here. So post a link to the full version or search for it yourself.

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

My thoughts on the Austin plane crash story

I.T. (In Theory) — Thu, 18 Feb 2010 21:11:51 +0000

Building in Austin after attack

The screed at

http://embeddedart.com/, the alleged suicide pilot’s web site and final letter, talks about frustrations with the government and ends with

Cirrus sr22

this:

I can only hope that the numbers quickly get too big to be white washed and ignored

that the American zombies wake up and revolt; it will take nothing less. I would only hope that by striking a nerve that stimulates the inevitable double standard, knee-jerk government reaction that results in more stupid draconian restrictions people wake up and begin to see the pompous political thugs and their mindless minions for what they are. Sadly, though I spent my en

tire life trying to believe it wasn’t so, but violence not only

Piper Cherokee

is the answer, it is the /only/ answer. The cruel joke is that the really big chunks of shit at the top have known this all along and have been laughing, at and using this awareness against, fools like me all along.

I saw it written once that the definition of insanity is repeating the same process over

and over and expecting the outcome to suddenly be different. I am finally ready to stop

this insanity. Well, Mr. Big Brother IRS man, let’s try something different; take my pound of flesh and sleep well.

I disagree that violence is the only answer. I believe in the way of peace. Violence breeds more violence and a system brought in to existence that way will surely fall into the same pattern as caused the change in the first place. Only by changing peoples minds and how they view the reality of the situation is important.

I recently shared a one hour documentary on the Peace Pilgrim on my infocast and I found her message to be inspiring and one that aligns itself closely to how I believe. I learned more about her here: http://peacepilgrim.com

“This is the way of peace:
Overcome evil with good,
and falsehood with truth,
and hatred with love.”
….Peace Pilgrim

You can watch the one hour documentary about her life here: Peace Pilgrim: An American Sage

The thought that this event is a false flag event made to stifle the growing liberty movement and have it labeled as a dangerous terrorists crossed my mind today. Yesterday I read an article online linked here: Insider: Republican Dirty Tricks Machine Targeting Grass Roots Constitutionalists

Paul Joseph Watson
Prison Planet.com
Wednesday, February 17, 2010
A prominent insider has told Infowars that Texas Governor Rick Perry and other establishment neo-cons have decided to deliberately target grass roots constitutionalists with dirty tricks campaigns in an effort to derail and hijack the growing liberty movement whose influence is threatening to blow the Texas gubernatorial race wide open.

Our office was contacted by a national personality, a household name, who told us that they were in a green room at a national public event a few weeks ago with Rick Perry. The individual was shocked when Perry said directly that there were three people who ‘got under his skin’ and who ‘had to be dealt with’ immediately.

One – Debra Medina, two – Alex Jones, and three – Ron Paul.

Perry told the individual that these three people had to be targeted and stopped in order for the Republican establishment to shut down any real voices of opposition that were threatening to have an influence on the Tea Party movement, which has been blatantly hijacked by the neo-cons in recent months.

Perry made it clear that these individuals and their supporters were the number one target of the neo-con hierarchy because the grass roots was threatening to regain control of the Tea Party movement that was first created by Ron Paul supporters back in 2007, but has since been hijacked by the Republicans.

The insider expressed their shock that Perry would be so open with his comments, suspecting that Perry must have considered the individual to be a fellow neo-con. The insider’s deep concern about what was said prompted them to contact our office.

Perry made the comments just a couple of weeks before gubernatorial challenger Debra Medina, the only true constitutionalist running for Governorship in Texas, was set-up by Fox News’ Glenn Beck, after the duplicitous talk show host smeared Medina and generated a fake controversy merely for saying that people should be free to question the official 9/11 story, a view shared by the vast majority of Americans.

…

Peace.

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

ITTV 2/10/10

I.T. (In Theory) — Thu, 11 Feb 2010 14:19:33 +0000

Topics: War is a Racket; Sarah Palin, Tea Party, and liberty?; Economics; 10th Amendment; Silver; plus MORE

Part 1 (note – video starts 34 seconds in):

Part 2:

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

Geoff Broughton discusses the Colorado Tenth Amendment Center

I.T. (In Theory) — Sat, 06 Feb 2010 19:55:07 +0000

Geoff gives a presentation on the 10th Amendment to the Northern Colorado Liberty Group.

http://colorado.tenthamendmentcenter.com/

http://colorado4liberty.ning.com

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

ITTV 1/27/09

I.T. (In Theory) — Tue, 02 Feb 2010 19:55:53 +0000

Topics: VacTruth, USA Drones, Body Scanners, Foreign Policy, Haiti, 1st Amendmen… (More) VacTruth, USA Drones, Body Scanners, Foreign Policy, Haiti, 1st Amendment, Electronic Trash, Schiff, MORE

Part 1:

Part 2:

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

Carl Bruning seeks Republican nomination to become the next Sheriff for Larimer County

I.T. (In Theory) — Tue, 02 Feb 2010 18:13:08 +0000

2-1-2010

Carl Bruning has announced his intent to seek the Republican nomination for Sheriff of Larimer County. Bruning is running as a “Constitutional Sheriff”, and has pledged that he “will defend the American dream, and your rights to life, liberty, property, firearms and freedom!”

“I will protect your 2nd Amendment rights, and will never enter concealed carry permit holders in any statewide database,” declared Bruning at a meeting of Republicans on Monday in Loveland.

Bruning is a graduate of the U.S. Air Force Academy, where he received a Bachelor of Science degree in 1984. He served with distinction as a U.S. Air Force pilot and aircraft commander, and was selected first in his squadron to lead his crew in Operation Desert Shield in August, 1990.

He received an honorable discharge from the Air Force in 1991, and then earned a Master of Business Administration degree. He has held senior executive leadership positions in business.

Bruning is an active member of the Larimer County Republican Party, and was recently on the Executive Board. He currently serves as a district captain and as a precinct committee person.

In addition, Bruning served on the Larimer County Citizen Corps board for several years, and is a trained CERT (Citizen Emergency Response Team) member for his community.
“I believe that the government should exist to protect the freedoms of the individuals whom it serves. We must return to the Constitution and the principles our country was founded upon,” Bruning said. “We need a Constitutional Sheriff to protect our liberties and freedoms!”

Additional information can be found at www.carlbruning.com.

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

Shorty Awards voting fraud.

I.T. (In Theory) — Sat, 23 Jan 2010 18:32:36 +0000

(NaturalNews) NaturalNews has learned that the Shorty Awards are being operated fraudulently and that the voting results are fixed to exclude candidates who the editors at the Shorty Awards don’t want to win. In addition, the Shorty Awards, by refusing to police its own contests, actually encourages false and defamatory campaigning while ignoring legitimate complaints of vote fraud.

The Shorty Awards, in short, has been revealed as wholly discredited.

Read the rest here: Shorty Awards voting fraud.

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

Ron Paul: State of the Republic Address

I.T. (In Theory) — Sat, 23 Jan 2010 04:18:59 +0000

In this follow up to his 2008 speech predicting the economic crisis, Congressman Paul argues that we are by no means free of the crisis, and he examines what lies ahead for our nation if we do not abandon the establishment’s failed way of thinking and pursue liberty.

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

Amendments to the Larimer County Land Use regarding medical marijuana as approved by the Board of County Commissioners on Monday January 4, 2010

I.T. (In Theory) — Wed, 13 Jan 2010 21:50:42 +0000

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

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.

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.

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:

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. 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.

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

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.

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.

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

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:

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. 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.

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.

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.

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

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

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:

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

Video clips from Larimer County Commissioners and Planning Commission 1/4/10 regarding Medical Marijuana

I.T. (In Theory) — Wed, 13 Jan 2010 21:38:24 +0000

On 1/4/2010 the Larimer county Commisioners passed a new zoning amendment in regards to medical cannabis dispensaries and grow operations. Here is video from the meeting broken down into smaller clips for easier navigation. The full video was found the counties web page here. Also below the video clips are the minutes from the meeting provided by the county.

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:

Category	Use	Zoning Dist. C & I
Commercial	Medical Marijuana Dispensary	S
Commercial	Medical Marijuana Grow Facility/Operation	S

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

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.

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 brought to you by Yet Another Related Posts Plugin.