[420 Girl]

Bayfield town trustees said “No thanks” to medical marijuana dispensaries Tuesday night.

Ninety-eight people packed into the town hall meeting room and entry way, by fire department count, just short of the 102 where people would be turned away.

Thirty-two people commented for and against dispensaries in the hour allotted before the town board meeting started. Sixteen spoke for dispensaries, including emotional personal testimony on the benefits of medial marijuana; and 16 people spoke against or wanted a delay in the vote.
Some who opposed dispensaries agreed there are valid medical needs and people should have access to medical marijuana.

Applicant David Wells turned in a petition signed by people in support of a dispensary.

After the comment time, trustees considered what sort of ordinance they would direct town staff to draft for a board vote. The sentiment was clear right away.

Dan Ford said Bayfield is and has been “a family place.” He continued, “In deference to the people who saw a business opportunity and acted honorably, I think we have the right to deny. We can’t put a price (prospective sales tax revenue) on what is right. I will vote no.”

However, he urged local pastors to talk to their congregations to urge more respectful treatment of those who favor dispensaries and those who have gotten medical marijuana cards from the state in accordance with the constitutional amendment approved by state voters in 2000.

Dispensary applicant Delilah Wells objected that opponents cite protecting children as a reason to deny dispensaries, while her four children have been harassed because of their parents’ actions.

She and other pro-dispensary speakers said people who have medical marijuana cards have been stigmatized, so they don’t let it be known they are on the registry.

Ford said, “I am broken hearted that this issue is separating the community, neighbors being made to feel inferior.”

Trustee Gabe Candelaria said he agrees with the right of patients to use medical marijuana. “We aren’t denying that. There are a lot of things that aren’t available in Bayfield. I drive to Durango a lot to get things. I would deny dispensaries within town limits,” he said. The town needs to look at the dispensary law the state ends up with, he said.

That pending legislation, HB 1284, was on many people’s minds. It’s still in flux, but the legislature adjourns next week. Town Manager Justin Clifton said he expects legislators to pass the bill, but it remains to be seen if the governor will sign it. Even then, it could face a court challenge, he said.
Trustee Tom Au wanted to delay a board vote until the final version of HB 1284 is known. “I feel like if we do anything before this house bill (is finalized), we could be setting ourselves up for a lawsuit. I think we can make a better decision after that,” he said.

Au cast the one “no” vote on Ford’s eventual motion to have town staff draft an ordinance to not allow dispensaries in town.

Trustee Debbi Renfro agreed with Au about waiting for the house bill, although she later voted for Ford’s motion.

“I’d like to see people pursue FDA (federal) approval so it could be dispensed through pharmacies,” Renfro said, adding, “Both applicants deserve respect.”
She also urged local pastors to speak against “mistreatment of people for any reason, including those who spoke tonight. We are all a community.”
She likes what Greeley has done, to not allow dispensaries in town while also taxing medical marijuana sold in town.

Trustee Justin Talbot also liked that idea. “I am compassionate to the needs of those in chronic pain, and about the alienation of families,” he said. “I am worried about crime and children, and that this could be the start of a process that we don’t want younger people to have.”

Mayor Rick Smith thanked town staff for all the time they’ve put into researching dispensary issues, and the community members who attended meetings.

“This is what government is supposed to be,” he said. “It makes a difference if you are here and you speak.”

He continued, “I’ve listened to you, taken notes, read your e-mails. I sympathize with those who have a need. There’s no reason we should ask anyone to live in pain.”

He lamented that the citizen passed initiative to allow medical marijuana didn’t contain more guidance on implementation. It makes no mention of storefront dispensaries.

“I’m a conservative and would have to err on that side,” Smith said. “I can’t move forward on an ordinance (to allow dispensaries) because there’s not enough guidance to make good decisions. I think there would be unintended consequences. I don’t think we are impacting a person’s right.”

Ford based his motion on Winter Park’s ordinance, to prohibit the opening or operation of medical marijuana dispensaries within town limits. It passed 5-1.
The board will have to vote again once the actual ordinance is drafted.
It remains to be seen whether dispensary applicants will seek to locate outside town limits, such as in Gem Village.

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