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View Full Version : Eagle drafting legislation to ban caregivers in residential areas



Zedleppelin
10-09-2010, 03:05 PM
EAGLE, Colorado ?? Eagle has waded into Colorado's medical marijuana debate in a couple of contentious rules.

In separate split votes, the town has decided to allow medical marijuana dispensaries in specific areas and nixed a plan from one such operation to expand to include a growing operation. Now the town is looking at regulations for medical marijuana caregivers in residential areas.

According to Eagle Town Attorney Ed Sands, the new state medical marijuana legislation does not address local regulation of caregivers. He notes that while the law does stipulate that primary caregivers must have a ??meaningful relationship? with their patients, that expands beyond simply providing them with cannabis. Additionally, caregivers can have no more than five patients at any one time.

The central issue for Eagle is how to regulate caregiver operations, and specifically how to direct them out of residential neighborhoods.

??We are concerned that growing a large number of marijuana plants in homes in residential areas creates dangers of fire, mold, mildew, burglary and more,? said Sands.

Sands noted that the town must use caution in wording its regulations, particularly because the ballot issue that voters approved to legalize medical marijuana ?? Amendment 20 ?? provides a constitutional right for caregivers to cultivate.

But town board members were adamant that while they recognized that caregivers have been granted constitutional rights to grow medical marijuana, they did not believe that residential neighborhoods were the appropriate place to practice that right.

??If you are going to be a caregiver, be a caregiver where the town says it's appropriate, not in residential areas,? said town board member Scott Turnipseed last week. ??I just don't think we are being unreasonable to try to limit the number of plants in a household.?

But as they discussed the issue further, town board members noted the particulars become more clouded. For instance, if a husband was acting as a caregiver to grow medical marijuana for his sick wife, should the town force them to take that activity to an industrial district? Instead, the town opted to outline some basic criteria for medical marijuana caregivers:

? A maximum of two medical marijuana cardholders per household can cultivate at a single residence. Additionally, cardholders would be limited to cultivating a maximum of six plants each for a total of 12 plants per residence.

? Caregivers who are cultivating marijuana for patients who do not live in the same residence must locate growing operations in areas the town has designated for medical marijuana dispensaries.

With these basic provisions in mind, Sands said he will draft regulations for the town board to formally consider. The provisions will be the subject of future, advertised public hearings.


Eagle targets marijuana caregivers | VailDaily.com (http://www.vaildaily.com/article/20101008/NEWS/101009792/1078&ParentProfile=1062)

copobo
10-09-2010, 04:20 PM
Eagle is small enough to take on in a suit. Hopefully they are the slam-dunk test case. This will cost the tax payers of Eagle a ton of money.

why does anyone give a fuck if you have 12 or 30 plants in your basement?

mustangwomyn
10-09-2010, 04:44 PM
Eagle is small enough to take on in a suit. Hopefully they are the slam-dunk test case. This will cost the tax payers of Eagle a ton of money.

why does anyone give a fuck if you have 12 or 30 plants in your basement?

Well said!

Additionally I still want to know how growing 30 plants in a house can create anymore issues than growing 12. The only issue I see is circuits for your lights & fans so as to avoid fire hazards. Then a simple answer is to require you have appropriate circuits installed by an electrician.

Zedleppelin
10-09-2010, 04:56 PM
Eagle is small enough to take on in a suit. Hopefully they are the slam-dunk test case. This will cost the tax payers of Eagle a ton of money.

why does anyone give a fuck if you have 12 or 30 plants in your basement?

Right, and if the issue is what they are saying it is, mold, fire hazard, etc then why are they specifically going after marijuana plants? What about the grannys out there with indoor tomato gardens? What about houseplants?

FarmerSteve
10-10-2010, 03:56 AM
I'm scared of the mold!!!! :(

Thank God they're protecting us from this horrible menace!!! :mad:

Really though, we need to see this as progress. It wasn't many years ago that we would have jumped for joy if we had the right to cultivate in our homes. And as far as the nonsense that they're throwing up, it's better nonsense than "Smoking Marijuana will make you go insane in as little as one joint" or any of t he rest of the BS they were peddling when I was in school. :wtf:

D.A.R.E. to OverGrow the government.

donniedorko
10-10-2010, 06:30 AM
According to Eagle Town Attorney Ed Sands, the new state medical marijuana legislation does not address local regulation of caregivers. He notes that while the law does stipulate that primary caregivers must have a ??meaningful relationship? with their patients, that expands beyond simply providing them with cannabis.

I thought that whole meaningful relationship nonsense got overturned. Didn't CDHE try to insist on more of a relationship than just providing cannabis and get shot down by a judge? Maybe I'm mis-remembering but I thought that happened.

copobo
10-10-2010, 03:35 PM
all sorts of shit that got overturned by a judge then went into 1284