When the Cedaredge Town Board adopted its moratorium on retail marijuana operations last February, it pledged that "during the period of the moratorium, town officials shall hold at minimum one public hearing to hear from the public regarding regulating, extending this moratorium to prepare an initiation of a referendum for November, 2014, or banning personal use of marijuana by ordinance."
The town board has set Aug. 8, at 7 p.m. as the time for that hearing. It will take place before the town board's monthly work session.
The state constitutional amendment approved by Colorado voters in 2012 legalizes limited personal possession and use of marijuana by certain people, even though federal law prohibits it.
Article 18, Sec. 16 of the Colorado Constitution, the amendment adopted by voters legalizing personal use of marijuana states:
"(3) Personal use of marijuana. Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under Colorado law or the law of any locality within Colorado or be a basis for seizure or forfeiture of assets under Colorado law for persons twenty-one years of age or older:
(a) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana."...
Also, "consumption of marijuana..." is not unlawful for persons over 21 if not done "openly and publicly" or "in a manner that endangers others."
The state constitutional amendment allows local jurisdictions to ban various types of marijuana growing, processing, and marketing businesses that would normally go hand-in-hand with the lawful possession and use of marijuana.
The town of Cedaredge since Nov. 10, 2010, bans several types of medical marijuana businesses, facilities and enterprises.blog comments powered by Disqus