Gene Wieneke

Tuesday, September 08, 2009

Marijuana Ordinance An Emergency?

State law and local charters give cities the right to adopt emergency ordinances when circumstances demand that an issue or problem is addressed as soon as possible. An emergency, as defined by the charter, must be “for the preservation of public property, health, peace or safety.”

In considering a regular ordinance the charter requires that it be approved at two regular meetings. The public has the right to speak at a public hearing prior to the vote at the second meeting. By declaring an emergency the Council eliminates the residents’ right to speak at a hearing and the need for a second meeting is eliminated.

The Council has scheduled an emergency ordinance for the regular meeting this Thursday the 10th. The emergency? To regulate Marijuana Medical Dispensaries.

The City Attorney has been directed, and he will justify the emergency action. As you’ve seen the categories in the charter are broad and the final determination of what is an emergency is a legislative decision.

The owner of the Cricket store in the Garland Center is operating a dispensary out of a space connected to his store. For allegedly violating the city’s nuisance ordinance he has a court appearance on the 16th of this month. If a regular ordinance is considered, the second approval could not occur until the 24th.

Marijuana is legal in the State for medical purposes. Whether or not it should be dispensed in the city is the issue and it should be addressed as a non-emergency ordinance. The Council received the draft Tuesday evening and is expected to make the final decision in two days and one meeting without public input. For reference: citycouncil@northglenn.org