The end of such a long process was oddly anticlimactic.

La Plata County commissioners approved new medical and recreational marijuana regulations Tuesday. The new code adds new land-use rules for marijuana shops, licensing and fees for medical and recreational pot sales in the county. The room, filled with interested spectators, barely reacted to a series of unanimous approvals on all things marijuana-related.

Commissioners approved a new land-use code regarding marijuana establishments during their planning meeting and approved new licensing rules in their business meeting that followed. Marijuana facilities will be treated as Class II commercial buildings requiring a review process, a compatibility analysis and possibly a neighborhood meeting.

“It’s hard to believe we’re finally starting to wrap up some of this stuff,” said Jonny Radding, co-owner of Durango Organics and Wellness Center.

Commissioner Bobby Lieb changed the proposed land use, striking language that would have banned a residential dwelling and a marijuana operation on the same lot. The code still bans marijuana businesses within residential buildings, including duplexes and multifamily housing.

“I think given the nature of rural properties and the way we have them, I think it’s too broad to say it can’t be on the same lot because the lot could be many, many acres,” Commissioner Julie Westendorff said. “With respect to residences, it sounds like the building code could address safety concerns.”

The biggest issues were the fines for license violations and the fees for getting licensed by the county.

Radding said he was concerned that the fine amounts were too high. He said penalties should be left up to the state to decide.

“I was hoping you guys would possibly remove that and leave it up to the state,” he said.

State law says businesses that incur a severe penalty that affects public safety can be fined up to $100,000. Included in that category is sales to people younger than 21, sales of more than the legal limit and labeling violations.

Licensing violations such as minor clerical errors or errors in inventory tracking can earn a fine of up to $50,000. Businesses that are assessed infractions, including failure to notify the local licensing authority of a minor ownership change, can be fined up to $10,000.

Westendorff suggested the fines imposed by the county should be up to 25 percent of the state maximums. Lieb suggested the percentage be up to 50 percent of state maximums, which was approved.

Lieb took issue with the fees county staff recommended for covering the cost of handling the administration and enforcement of the marijuana stores expected to open as a result of the new laws.

“We think these numbers are conservative,” La Plata County attorney Todd Weaver said.

Agenda material included a table with the actual costs for the county under a best-case scenario, in which the application would be approved by consent agenda at a Local Licensing Authority hearing, and the worst case, which would mean a lot more work for county staff members.

A new medical marijuana license and application would cost $4,000, and retail licensing would cost $6,000 in the best cases. The state charges retail license applicants $5,000 and gives $2,500 to the local government.

“It’s fuzzy math,” Lieb said. “My general sense is, you guys think they’re low, I think they’re high.”

The board approved the fees with the caveat that they are reviewed annually.

The new land-use code is effective immediately. The licensing rules go into effect July 12. All votes were approved unanimously.

smueller@durangoherald.com