After two work sessions, a survey and stacks of interdepartmental memos, La Plata County is ready to begin drafting marijuana regulations.
County Attorney Sheryl Rogers and her staff will spend the next four months or so writing regulations dealing with who can operate recreational grow facilities, where and how.
More public hearings are expected in March and April.
County commissioners met with a dozen department heads and staffers Wednesday to hash out details of the regulations and give county lawyers some guidance in writing the regulations.
Commissioners debated the meaning of a “moral character” clause in state law that leaves plenty of room for interpretation. The local licensing authority can deny an application from a marijuana applicant if the applicant’s character is found to be lacking.
Commissioners, according to a memo, are leaning toward considering that to apply to anyone with any felony conviction within 15 years or a drug-related felony at any time; more than one misdemeanor conviction within a year or three or more misdemeanor convictions within five years; more than one drunken-driving offense within the last five years and the denial, suspension, loss or revocation of a professional or business license.
Those criteria would be weighed by the local licensing authority.
“None of these criteria would be an exclusive determinant,” Assistant County Manager Joanne Spina said.
The Board of County Commissioners has yet to designate a local licensing authority for recreational marijuana, but it could work similarly to the county’s medical marijuana licensing authority. That board is a three-person panel.
Butch Knowlton, director of the county’s Building Department, laid out several regulations aimed at keeping homes with marijuana grow facilities from burning down. He proposes to limit grows in houses to 12 plants and 25 square feet while using a maximum of 1,200 watts.
“Homes are just not made to grow marijuana,” Knowlton said.
Residential electric systems are not equipped to handle the loads generated by grow facilities, he said. Knowlton added the use of humidifiers can degrade a house over time.
County commissioners appeared unlikely to ban marijuana social clubs, as some communities have done. Selling marijuana or alcohol in the clubs is prohibited, and commissioners said such businesses might have a tough go making it in the county.
“There’s just so much that makes this type of business challenging, coupled with the market demand in unincorporated areas of the county,” Commissioner Bobby Lieb said.
Lieb added the city of Durango might encounter some demand for marijuana social clubs.
cslothower@durangoherald.com
