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401 Meeker St Delta CO 81416 970.874.4421

Council to consider lifting medical marijuana moratorium

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The Delta City Council will consider lifting the moratorium on medical marijuana establishments at its March 19 meeting.

In November, city voters approved the establishment of retail medical marijuana centers, cultivation facilities, testing facilities, and other types of businesses related to manufacture and development of medical marijuana-infused products.

City council then established a moratorium on those businesses while it addressed zoning and licensing requirements.

At the council's March 5 meeting, Delta city manager David Torgler provided an update. He said the licensing regulations adopted by city council take effect 30 days after publication in the Delta County Independent, or on March 15. That means council can consider lifting the moratorium at its March 19 meeting.

The 30-day period after final publication provides an opportunity for citizens to petition the council to reconsider. While an individual did express interest in circulating a petition, she was seeking to overturn voter approval, not council action to implement licensing regulations, Torgler advised council. "We haven't heard back and no petition has been presented," Torgler said.

In the meantime, city staff has been preparing an application for the multiple classes of medical marijuana establishments. If the moratorium is lifted on March 19, the city clerk will publish a public notice to that effect, online and in the DCI. The first available date of publication in the DCI is March 27.

After posting, applicants have five days in which to turn in completed applications.

The applications will be reviewed by city clerk Jolene Nelson and, if needed, applicants will have one opportunity to rectify any problems.

The city has placed a cap of two on each type of medical marijuana establishment. After determining which applications are complete, the city clerk will randomly select the number of completed applications equal to the number of licenses available for further processing.

City council will consider the application after a public hearing to be conducted no earlier than 30 days and no later than 60 days after the submission of the completed application.

Depending on zoning regulations, which vary with the type of medical marijuana establishment, a public hearing may also be required by the planning commission.

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