The Durango City Council’s draft regulations on retail marijuana stores show it’s nearly impossible to locate them inside city limits.
Councilors discussed retail and medical marijuana draft ordinances during their study session Tuesday, with one of the biggest issues dealing with whether to allow recreational pot sales downtown or in the Central Business District.
The La Plata County Board of County Commissioners also held a work session focusing on marijuana Tuesday afternoon, with both meetings attended by local residents in the medical marijuana industry.
The city’s draft ordinance on retail marijuana calls for a 1,000-foot separation between retail pot shops and schools, day care centers, substance-abuse recovery centers and public parks. However, a map showed that the only space available would be around the intersection of East Third Avenue and College Drive.
City Attorney Dirk Nelson said there’s no setback requirement in the state’s recreational pot law. However, the 1,000-foot setback is in the medical marijuana state statues, but local governments are allowed to change that. However, the Department of Justice appears to be strongly enforcing federal law banning selling drugs within 1,000 feet of schools and substance-abuse facilities, Nelson said.
The council also wants to give established medical-marijuana businesses first crack at recreational pot licenses, allowing them to apply after the ban is lifted July 1. Another map showed there are only two dispensaries that would qualify to do that: Medical Horticultural Services LLC on Tech Center Drive and Rocky Mountain High Wellness Center on East Animas Road in northeast Durango.
“This is a map of no opportunity,” Councilor Dean Brookie said.
North Main Avenue is out because of nearby parks. The council discussed lowering the distance requirement from parks from 1,000 feet to possibly 500 feet or 250 feet.
Councilor Christina Rinderle said she doesn’t want to alienate tourists from visiting.
Recent surveys among the business community seemed to indicate an even split over whether retail pot stores should be allowed downtown.
City Planner Nicol Killian, said allowing downtown retail marijuana stores would mean a change in land use, and the business would have to comply with parking requirements. The one medical dispensary downtown was approved as a medical office and didn’t require a use change.
Some residents have pointed to Bodo Industrial Park as the best location for pot stores, but Community Development Director Greg Hoch said Bodo was not developed for that kind of business.
The draft retail-pot ordinance also bans social clubs, marijuana cultivation facilities and product-manufacturing businesses.
A hearing is scheduled for May 6.
smueller@durangoherald.com
