Temporary Medical Marijuana Facility Land Use Regulations Passed Unanimously

   Durango, CO – On Tuesday, December 7, 2010, the Temporary Medical Marijuana Facility Land Use Regulations (Chapter 91 of the La Plata County Land Use Code) for La Plata County were passed by unanimous vote of the La Plata County Board of County Commissioners (BoCC).  Several amendments were made to the regulations during the hearing and three additional amendments will be considered on at the December 21, 2010 BoCC Planning Agenda meeting. The primary amendments approved on December 7 include:

     * The BoCC voted to keep the moratorium for Medical Marijuana Centers (Dispensaries) in effect until July 1, 2011. 

     * The threshold for when a Primary Caregiver Facility is required to obtain a land use permit was increased from 200 sq. ft. to 300 sq. ft.  Thus, Primary Caregivers who grow medical marijuana are required to obtain a County land use permit if they are using 300 square feet or more of either indoor or outdoor space.

     * The appeal process was altered by permitting an appeal to either the County Manager or the BoCC; however, an applicant would have to waive any confidentiality to proceed with an appeal to the BoCC.

     * The section related to hours of operation for an Optional Premises was changed from “between 8:00 a.m. and 7:00 p.m. with the Planning Director having the ability to extend the hours of operation if determined they won't have an adverse impact on the neighborhood,” to “being able to operate 24 hours with the Planning Director having the ability to restrict the hours if it’s determined there may be an adverse impact on the neighborhood.”

     The amendments for consideration on December 21, 2010 pertain to three issues: (1) an allowable size for indoor grow operation on large lot residential tracts; (2) allowing some level of indoor grow operation in conjunction with an outdoor grow operation on land with an agricultural classification; and (3) a commitment to the public that extension of permits will be considered by the BoCC if a permanent County permit is not available by July 1, 2011.

     For additional information, please contact the La Plata County Planning Department at (970) 382-6263.