District 3 Commissioner , Mark Roeber
A Right to Farm (Cannabis) In the North Fork?
By Thomas Wills
“District 3 is unique agriculturally with a large number of small farmers, many of whom are farming organically. And we have a superior microclimate and soil, all of which make it possible to produce a very high quality cannabis that could increase the statewide awareness and demand for many other fine agricultural products grown in our valley.” From a letter/presentation by Michael McCarthy and Bob Pennetta to District 3 (North Fork county commissioner (and local cattle rancher) Mark Roeber) – March 17, 2014.
The questions: should Delta County allow the growing, commercial sale of cannabis, and manufacture of marijuana related products in the unincorporated County? Or should they allow only commercial growing, and if only growing, should that activity be restricted to a specific area of Delta County?
Attorney, Michael McCarthy, of Hotchkiss, and realtor, Bob Pennetta, of Crawford, think that the County should allow at least commercial growing of cannabis in the North Fork. As part of an argument made in a letter addressed recently to District 3 Commissioner, Mark Roeber, they point out that District 3, as a whole, voted for Amendment 64, which legalized personal and commercial recreational marijuana as of January 2013. Thus, they suggest that perhaps local, optional commercial legalization could be limited to the North Fork. They say that allowing commercial growing in particular would be a boon to local small farmers but would not result in out of control cannabis fields everywhere since an application to grow would cost each farmer $5,000 to start, with no guarantee that the application would be approved by the State. Thus, McCarthy and Pennetta observe that any prospective growers would have to be serious and well informed. They note that under the current State regulations, commercial cannabis is one of the most highly regulated and heavily taxed industries around.
The authors of the letter further point out that, without local legalization, the County recieves all of the impacts of marijuana (homegrown and black market), with none of the benefits, including having a locally, better regulated market. They also list the many direct economic benefits of increased, cannabis-related, local employment.
They also provide model ordinances setting forth the legalization of commercial cannabis.
They do not specifically point out that other regional jurisdictions, Carbondale, Glenwood Springs, Crested Butte, Marble, Ridgway and Debeque have chosen to allow commercial cannabis and, without Delta County legalization, local money will flow out of the county to those places.
The letter does emphasize that as of October 1, 2014, anyone, not just those with currently active medical marijuana business licenses, of which there are none in Delta County, will be able to be approved for new licenses by that date, if the Commissioners reverse their previous ban. Paperwork and fees may be submitted beginning on July 1.
Following the 2012 voter approval of constitutional amendment 64, the Board of County Commissioners voted to excercise its right as a local jurisdiction under the amendment and institute bans on all aspects of commercial cannabis. The Board had previously done the same in regard to medical marijuana. The Towns of Hotchkiss (council vote), Paonia (by citizen vote) and Crawford (citizen vote) also banned commercial medical marijuana, and Hotchkiss and Crawford instituted council-voted in bans on commercial recreational cannabis. The citizens of Paonia will vote on the issue in November during the general election.
Here are some benefits for local jurisdictions, according to McCarthy and Pennetta’s document: The local jurisdiction allowing commercial cannabis receives half of each $5,000 application fee. The local jurisdiction also (if retail is allowed) receives a portion of the 25 % State sales and excise taxes. The local jurisdiction also receives a portion of the taxes collected, to be used specifically for local schools. Local jurisdictions can also impose additional local tax levies, usually two or three percent on top of the base sales tax rate. Such additional taxes must receive voter approval under TABOR.
Print or Email This PageTags: Bob Penetta, Cannabis, Marijuana, Mark Roeber, Michael McCarthy
A Right to Farm (Cannabis) In the North Fork? | Merchant Herald
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