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Ignacio again says no to marijuana businesses

Ignacio town trustees have reaffirmed a ban on any marijuana businesses in town.

Trustees listened to a presentation Oct. 19 from Josh and Heather Abrell, who hoped to operate a medical marijuana dispensary in town, about the potential financial benefits to the town.

But trustees voted 5-1 to maintain the existing ban on any marijuana businesses. Tom Atencio cast the no vote. He wanted to put it to a community vote.

Only one community member showed up, but did not comment.

Mayor Stella Cox started the discussion: “I just have one comment. What kind of quality of life do we want in our community? We want to be drug free. To me, no means no.”

Atencio countered, “You can say it’s drug free, but look behind the door. It’s not drug free.” He asserted that some middle school students are getting marijuana from their parents. “It’s here. It’s a revenue, a benefit,” he said.

Trustee Lawrence Bartley, a staunch opponent of marijuana businesses in town, said the revenue would go to increased law enforcement costs “to keep up with all the extra-curricular crap.”

Bartley and Atencio disagreed on whether Ignacio is restricted by marijuana still being illegal under federal law.

“You aren’t going to stop it,” Atencio said.

Trustee Alison deKay commented, “I see the monetary benefit, but not everything is worth the money. To me it’s more a statement of our leadership. Maybe it sends a message to kids who aren’t getting (the anti-drug message) at home.”

Speaking of medical marijuana, Atencio said there are benefits other than the money.

“You have 20 minutes to go to Durango and get it,” Cox said.

“Why should I have to go to Durango?” Atencio responded. “You say shop locally. ... I’m not for recreational. Medical is a benefit.”

Town attorney David Liberman has worked with Mancos on their ordinances for marijuana businesses. Voters there approved a per transaction fee on sales of recreational marijuana, he said. Mancos pretty much used Denver’s regulatory ordinances, tailored for a small town, he said.

“Ignacio is an interesting place in terms of jurisdiction, probably different from any place in Colorado except Towaoc,” Liberman said.

He didn’t give a more definitive opinion on the federal jurisdiction issue.

Trustee Dixie Melton asked if a tribal member would be able to buy marijuana in town if there were a marijuana business, and, “Would it be tax exempt?”

Over town objections, the Colorado Department of Revenue has determined that enrolled tribal members don’t have to pay sales tax on purchases in town because of a state law passed in 2014 intended to clarify a 1984 federal law. The town has argued that neither was intended to exempt tribal members from sales tax on any purchases in town.



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