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View Full Version : 1284 1000ft grandfathering?



CannnaLady
04-30-2010, 10:19 PM
with that 1000 feet rool from schools/treatment facilities....does this part of 1284 mean "grandfathering"..or, that the local municipality gets to decide the area restrictions? or am I just hoping too much?

(d) (I) IF THE BUILDING IN WHICH MEDICAL MARIJUANA IS TO BESOLD IS LOCATED WITHIN ONE THOUSAND FEET OF A SCHOOL, AN ALCOHOL5 OR DRUG TREATMENT FACILITY, OR THE PRINCIPAL CAMPUS OF A COLLEGE,6 UNIVERSITY, OR SEMINARY, OR A RESIDENTIAL CHILD CARE FACILITY. THE7 PROVISIONS OF THIS SECTION SHALL NOT AFFECT THE RENEWAL OR8 RE-ISSUANCE OF A LICENSE ONCE GRANTED OR APPLY TO LICENSED9 PREMISES LOCATED OR TO BE LOCATED ON LAND OWNED BY A10 MUNICIPALITY, NOR SHALL THE PROVISIONS OF THIS SECTION APPLY TO AN11 EXISTING LICENSED PREMISES ON LAND OWNED BY THE STATE, OR APPLY12 TO A LICENSE IN EFFECT AND ACTIVELY DOING BUSINESS BEFORE SAID13 PRINCIPAL CAMPUS WAS CONSTRUCTED. THE LOCAL LICENSING14 AUTHORITY OF A CITY AND COUNTY, BY RULE OR REGULATION, THE15 GOVERNING BODY OF A MUNICIPALITY, BY ORDINANCE, AND THE16 GOVERNING BODY OF A COUNTY, BY RESOLUTION, MAY VARY THE17 DISTANCE RESTRICTIONS IMPOSED BY THIS SUBPARAGRAPH (I) FOR A18 LICENSE OR MAY ELIMINATE ONE OR MORE TYPES OF SCHOOLS OR19 CAMPUSES FROM THE APPLICATION OF A DISTANCE RESTRICTION20 ESTABLISHED BY OR PURSUANT TO THIS SUBPARAGRAPH (I).21

copobo
04-30-2010, 10:24 PM
shutting them down by force!

CannnaLady
04-30-2010, 10:29 PM
how i'm reading it-is if i have a denver license then the state will abide but what the city/county decided for regulations in response to the restrictions? since my dispensary is located in a county/city with a governing body.

am I reading this right?

skrillaship
05-01-2010, 06:03 PM
It is basically saying the county/city has the authority to decide it's own distance restrictions and the state will respect them. This does not, however, allow for grandfathering if your current location does not comply with what your county/city has set in their ordinance.

Denvertoad
05-01-2010, 06:08 PM
(d) (I) .... OR A RESIDENTIAL CHILD CARE FACILITY.

This could make it tough on dispensaries...

How is one supposed to know who and where has a residential child care facility? And what happens if a neighbor within the restricted are opens a child care center. Dispensary goes or child care goes?