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Trustees draw up tough new rules on marijuana caregivers
Sun
Volume 3, Number 8 | April 7, 2011
A sculptors’ showcase
By Terray Sylvester Sopris Sun Staff Writer
T
he Carbondale trustees gave preliminary approval to an ordinance on Tuesday night intended to significantly restrict, and potentially eliminate, medical marijuana caregiver grows as they’ve existed in town so far. The zoning ordinance would prohibit caregivers from growing marijuana for other people within their own homes. Instead, it would require caregivers to grow the pot in the home of the patient who will be using it. That’s a big change. State laws allow caregivers to grow as many as 30 plants, and so far some caregivers have been doing so in their own homes. But in the wake of an armed robbery in a caregiver’s house on Cowen Drive in October 2010, and in response to concerns that growing so many plants in one residence can create fire hazards, odors, mold and other problems, the trustees have been searching for a way to ensure that growing operations of that size don’t occur in residential areas. At Tuesday’s meeting trustee John Hoffmann pointed out that the proposed ordinance may not mean caregivers actually grow fewer plants in Carbondale, just that they spread those plants out among more houses. But town official John Plano asserted that even so, the ordinance would cut down on the impacts of growing, since smaller grows require less electricity, generate less waste and are probably less likely to attract crime. “I think we’re eliminating the criminal element that’s going in and stealing substantial amounts of marijuana,” said Plano, who has been tasked with inspecting caregiver grows around town.“I think it’s better that they’re spread out for that reason.” At the meeting Tuesday night, the trustees discussed ways to ensure that caregivers who are already cultivating marijuana in their homes in Carbondale won’t be grandfathered into the new rule as lawful nonconforming uses. Town Attorney Sherry Caloia said the town may be able to argue that caregivers should have obtained home occupancy permits. If the town is able to show that caregivers have already been out of compliance with town code, Caloia asserted, it will be easier for the town to force caregivers to shut down their operations. That may come as a jolt to caregivers. Plano said he is aware of two caregiver grows currently operating in town.Although he has inspected their facilities he has not told them to obtain home occupation permits. “I didn’t advise them to get any permitting because at that time I didn’t know what we were doing or where we MARIJUANA page 5
John Doyle’s “Maori Head II,” from the John Silich collection, is one of more than 100 pieces of sculpture in the Carbondale Council on Arts and Humanities show “Free to Touch (or Not)” at the Third Street Center. Sculptors were recruited from around Colorado, the Roaring Fork Valley and New Mexico for the show. For more information, please turn to page 11. Photo by Jane Bachrach
Locals make Shortsfest
C’dale skiers compete
April’s foolishness
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