HomeMy WebLinkAboutSpecial Study Session Notes 9/22/2014SPECIAL STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
City Council Chambers 7500 W. 291h Avenue
September 22. 2014
Upon adjournment from Regular City Council Meeting
Mayor Jay began the Special Study Session at 8:02p.m.
Councilmembers present: Bud Starker, Zachary Urban, Kristi Davis, George Pond, Tim
Fitzgerald, Jerry DiTullio, Genevieve Wooden.
Absent: Tracy Langworthy
Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Manager,
Patrick Goff; Community Development Director, Heather Geyer; Police Chief, Daniel
Brennan; other staff, guests and interested citizens.
[At Mayor Jay's request sigh-up sheets were available for those in attendance to sign
and indicate if they were for or against marijuana in Wheat Ridge. The purpose: to
measure public sentiment. It's unknown if everyone in attendance signed. A report of
these sign-up sheets is attached.)
Mayor Jay explained the ground rules for the discussion on marijuana.
Clerk Shaver flipped a coin, which determined that the "pro" marijuana speakers would
go first for public comment -to be followed by the "con" speakers.
1. Marijuana Moratorium
STAFF PRESENTATIONS
Ken Johnstone presented the history of marijuana regulations in Wheat Ridge and an
overview of existing regulations.
• Centers and stores are allowed in C-1 and 1-E zones
• % mile minimum separation between stores
• 1 000 foot minimum separation requirement from schools, college campuses,
daycares, and drug/alcohol rehab centers
• MIP's (manufacturers of Marijuana Infused Products) only allowed in 1-E zones
o X mile minimum separation requirement between locations
o Same 1000 foot minimum separations as for stores
• Cultivation only allowed when ancillary and contiguous to an attached MIP or
retail store
• Testing facilities allowed only in 1-E zones
• Primary caregivers and personal cultivation only allowed as an accessory use to
a permitted residential use -subject to additional rules that are similar to home
occupation regulations
STUDY SESSION NOTES: September 22 , 2014 Page -2-
Additional Regulatory Options that could be implemented by City Council:
Special Use Permits
• May or may not be allowed based on 1) justification of needs, or 2) special
design and operational considerations to mitigate any potential impacts on
surrounding land uses, the street and other public services
• The SUP process begins administratively. It includes 2 public notification
processes and an opportunity for written objections. If written objections are
received a City Council public hearing would be scheduled. If no written
objections are received it is approved administratively. The current SUP process
has 8 review criteria
Additional separations requirements
• Possible to add more uses from which marijuana establishments must be
separated, such as parks and residential areas
• This was given some consideration during initial ordinance adoption
• Would need to review additional maps to determine how extensive the impact
would be of imposing those restrictions
Limitations on the maximum size of marijuana establishments to ensure compatibility
Building Code Modifications
• Pending ICC codes to include additional requirements pertaining to safety
aspects of cultivation facilities and the manufacturing processes
• Possible to include mechanical requirements designed to better address the
odors associated with MIPs and cultivation
Outright ban on marijuana establishments--either by ordinance or by referring a
question to the voters
The temporary moratorium expires Nov. 16, 2014. An extension by regular ordinance
would require 2 readings. Additional study sessions are scheduled for Oct 13 or 20.
151 reading would have to be on Oct 27, with the public hearing on Nov 10.
Modification of Chapter 26 requires a recommendation from Planning Commission.
Chief Daniel Brennan gave a presentation on the impact of marijuana sales in Wheat
Ridge from a law enforcement perspective. Data includes a breakdown on calls for
service (CFS) from 2009 to 2014, starting with one facility in 2009 and now six facilities.
Major points regarding Calls for Service:
• Alarms are the biggest CFS. One in 2009 up to 60 so far in 2014.
• To date we've had 5 burglaries, 3 disturbances, 1 juv trouble, 13 suspicious
incidents/vehicles/persons
• Alarm Calls: 70% of all CFS to all marijuana facilities have been alarms. Two
locations have produced almost 70% of all CFS to marijuana facilities -most of
which are alarm calls
• The Juvenile Trouble call was kids outside a dispensary trying to get someone to
buy marijuana for them
• 5 Burglaries at marijuana facilities since 2009
STUDY SESSION NOTES: September 22, 2014 Page -3-
• Two Aggravated Robberies (2010 and 2014): customers leaving with marijuana
being robbed at gunpoint
Driving behaviors: 150-200 DUI arrests per year in the last two years
• About 4% of DUI arrests have been Marij/DUID(drug) arrests
• A continuing rise in this trend is anticipated based on national reporting.
• Fatalities are down in CO, but DUID incidents are up.
• It's an area of focus for WRPD patrol officers for extra training as an increase is
expected; will monitor
Other points related to Calls for Service:
• 98% of Alarm calls result in no incident.
• The State and Medical Enforcement Division require extensive security systems
so the number of alarm calls is not unusual
West Metro Drug Task Force is monitoring marijuana related grows (business and
home) and hash oil. WRPD officers occasionally accompany on these calls.
Juveniles and drugs in WR schools -(Does not include marijuana incidents handled
administratively by the schools)
• Since 2010-11 there have been 255 juvenile alcohol/drug related arrests in the
schools.
• 93% are for marijuana and paraphernalia (53% marijuana; 40% paraphernalia);
only 5% are for alcohol.
• That year 54% of offenses at WRHS; 32% at Everitt. (69% during 2nd semester)
• Arrests have declined since then, but last year 4 cases involved more serious
cases of distribution that they hadn't seen before.
• Last year arrests doubled for 12-13 year olds, decreased for 17 year olds.
• Last year 4 elementary students arrested for bringing edibles into schools (3
Pennington , 1 Stevens) (First time for that.)
• This school year, as of Sept 14, there's already been 15 students arrested for
drug related offenses (13 WRHS, 2 WR5-8).
Summary conclusions
• PD sees an upward trend in CFS at marijuana facilities. Most not crime related,
but needs to be tracked.
• Alarm call numbers at marijuana facilities are similar to what we see with liquor
stores and convenience stores at this time, but needs to be tracked.
• Increase in middle and elementary school marijuana arrests is troubling; he
believes prevention and education are the best positive steps
• Further study is needed to determine positive/negative consequences of
marijuana legalization in WR
From Council questions:
STUDY SESSION NOTES: September 22 , 2014 Page -4-
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The State regulates the number of plants for businesses and home grows .
In Wheat Ridge 25% of total sq footage of a house is allowed for growing
marijuana.
In the coming weeks Council will have the opportunity to look at adopting
regulatory codes of the State Medical Enforcement Division so that our police
can enforce them.
Other jurisdictions and school districts are seeing the same things we are .
Data from administrative processes by schools should be analyzed along with
police data.
Information about impacts on the community in general is available from the
West Metro Drug Task Force.
Heroin use is on the rise .
Per Councilmember DiTullio School Resource Officers are always involved with
drug incidents at WRHS because they are allowed to do the searches.
Mayor Jay read the plan for the rest of the meeting.
PUBLIC COMMENT
Public Comment {FOR) - 1 0 minutes
Sandy Beddor (no address), one of the owners of Chronic Therapy, is proud to be
creating living-wage jobs and working in a highly regulated industry. She loves helping
people with their pain management and providing marijuana for adults in a safe way.
Her son manages his seizures with marijuana. It's a family owned and operated
business. She submitted a large petition with signatures of patrons who support the
marijuana industry. [Report on petitions attached]
Aaron Walker (St. Gabriel, Louisiana) is a wounded marine. He said marijuana has
made his PTSD bearable. It's safe and practical.
Adam Foster (no address) from Chronic Therapy pointed out that Council cannot
outlaw existing businesses.
T J Christensen (no address) owns a heating and cooling business. He supports the
marijuana businesses. They create other jobs in the community, pull permits , pay well ,
and follow code.
Nick Dice (no address), owner of a WR marijuana shop for 2 years, noted it is the most
scrutinized industry. Marijuana vendors care about the community and he hopes for
good working relations between the shops, the citizens, and the City. He asked for
consideration for existing shops. He said the State requirement for heat sensors is the
reason for all the alarm calls. The technology on that hasn 't caught up yet.
STUDY SESSION NOTES: September 22, 2014 Page -5-
John Dileau (no address), retired Jeffco deputy sheriff and national sales director for
Blue Line Protection Group, said they provide secure transportation for marijuana. It is
a lawful and transparent industry. Their clients are responsible business owners.
Kris Hartman (Littleton) owns a small electric company that does work for Chronic
Therapy. He testified to their good character. He believes the responsibility is with
parenting and personal decisions-not running out responsible business owners .
Cassandra Dittus (no address) is the manager of Nick Dice's store and a 7-year
cancer survivor. She said the people who come in are your neighbors. It's like buying a
bottle of wine.
Public Comment (AGAINST) -10 minutes
Carol Salzman (WR), VP of Lutheran Hospital, said they see over 80 children annually
for substance abuse-22 months old to teens. Neighboring cities have chosen to have
stronger laws and she challenged Council to do the same for WR.
Ron Castagna (Centennial), Lakewood HS principal for 17 years, said principals do
search lockers; their burden of proof is less than police. He held up a clear package of
marijuana candy that looks like regular candy. It's ruining kids' lives. He believes
voters are changing their minds. He referenced improper business practices and
charged it is a cash business for a reason. As an educator he doesn't want drug money.
Roger Morin (WR) is against a marijuana shop at 381h & Miller. He's concerned about
public safety hazards: vandalism, public drug abuse, theft, increased accidents, and
inadvertent consumption of edibles. For children he sees increased anxiety and the
formation of a positive attitude on the use of marijuana. He asked Council for 1) a
permanent moratorium, 2) publish the rationale (risks) for the 1 OOOft school buffer, and
3) go on the record with the benefits you see of marijuana establishments vs the risks.
Jennfier Yates (WR) said it's clear from tonight's turnout that marijuana is a big deal.
Supporting the industry sends a message to kids that use is acceptable and
encouraged behavior. She agreed parents are responsible, but the community has an
obligation too. We should reduce social harms wherever possible.
Jennifer Shepherd (WR) asked for a permanent moratorium on all new marijuana
businesses and expansion of existing facilities. She asked for a show of hands in the
audience from those who support a permanent moratorium.
Rona Burrows (WR) has concerns about 381h & Miller. Nightime police responses
(4/night) as a gas station will be more when its pot. She fears the neighborhood will
become a target for theft by people who need money for pot. Lack of access to dope is
a deterrent; easy access is not a deterrent. There are already enough stores.
STUDY SESSION NOTES: September 22, 2014 Page -6-
A five minute break was taken from the proceedings.
SPECIAL PRESENTATIONS
AGAINST --20 minutes
Bob Doyle, chair of SAM (Smart Approaches to Marijuana), presented.
He addressed addiction, the tobacco industry's involvement with marijuana, the
commercialization that started with medical marijuana, increased teen usage, and the
decrease in support by Colorado voters since Amendment 64.
Over 90% of money for Am 64 came from out of state. Why were there no ads about
pot shops, gummy bears, cupcakes, and soda? Support is down 17% since 2012 as
people realize the difference between decriminalization and commercialization.
The harmful effects to the youth include: a lowered perception of harm, loss of IQ ,
effects on memory and attention, increased psychosis, anxiety and depression,
changes in 2 key brain regions. Teen who use regularly are 60% less likely to graduate,
18 times more likely to become dependent on the drug, 7 times more likely to attempt
suicide, 8 times more likely to use other illicit drugs later in life . 40 % of young users
show signs of addiction. Daily college smoking of marijuana is at a 30-year high .
School incidents are higher.
Most Colorado marijuana (70%) is sold to daily users. 1 in 5 users are using 26 times a
month or more.
Regulation does NOT protect our kids. Denver's 8th grade marijuana use rate is almost
3 times the national average. Marijuana related emergency room visits are up 57%
since 2011. Illegal shipments are up almost 400%. Hash oil explosions are up in the
state. Poisonings of youth are up in states with medical marijuana. Arapahoe House
has seen a 66% increase in teen marijuana admissions in last 3 years.
Quest Diagnostics reports Colorado workers are up 20% in drug tests. (The national
average is only up 6%.) Marijuana is more powerful and potent than it used to be-
more potent than cartel marijuana. It used to be 3-4% THC; now it's 20-30%.
Vaporized marijuana can be 60-80% THC. Hash oil is very potent and the high lasts 5
hours.
Marijuana vaporizing is way ahead of tobacco vaporizing . Medical marijuana vaping is
being marketed in a very commercial, non-medical way. The added danger is that it's so
discreet people can smoke it anywhere. There is a growing youth vapor problem.
There are 200 different types of ed ibles which are said to not be targeting children , but
they are. He passed around examples of marijuana candy from Wheat Ridge stores.
STUDY SESSION NOTES: September 22, 2014 Page -7-
Auto fatalities are down in Colorado, but THC auto fatalities are up. There are fewer
opiate overdoses in our state, but states with medical marijuana have rates that are
higher.
Council's decision isn't about social justice, home use or the law. It's about whether or
not we want to commercialize and promote the product in our community.
FOR -20 minutes
Michael Elliott -Executive Director of the Marijuana Trade Association and a member
of the Jefferson County Task Force on Marijuana, gave the councilmembers copies of
the Jefferson County Marijuana Drug Task Force Report. He noted that the real report
is the first 1 0 pages of the 90 page document.
Highlights of his talk:
• The trade association is a 501 (c) 6
• There are 500 pages of state regulations dealing with the licensing of marijuana
businesses. Recently there are 70 pages of new regulations for edibles. High
potency edibles are being banned .
• Ownership requirements: 2 years residency, background check, financial
disclosure
• Question for City Council is "Who do you want selling it? Organized crime or
licensed, regulated, controlled, secure, accountable , taxed businesses?"
• These businesses are part of your community and want to make this program
work.
• An example of the industry's willingness to help make this work was their
endorsement and financial support last year for Prop AA - a special tax on
marijuana to provide funds for administration, enforcement, and education.
• There is more testing for potency and other aspects (mold, bacteria, etc.)
• Security: alarms, mandatory video surveillance
• High level tracking systems are in place: Sales are videotaped; transport is
accountable and scrutinized. Businesses are shut down.
• Data in Drug Report indicates teen marijuana use is down. The variable is
enforcement. Enforcement is up. That doesn't mean use is up; it's just getting
enforced more
• The Colorado Dept. of Transportation reports a massive decrease in highway
fatalities and fewer drunk drivers
• Crime data: A number of crime stats are down (homicide and sexual assaults)
• Increase in regulation. Increase in tourism and jobs. Real estate and
construction numbers are good,
• Banning marijuana businesses isn't going to solve all the problems with drugs.
• The black market is not a good way to have marijuana sold.
• The industry cares about the community.
• He personally is not sympathetic to sign flippers and marijuana clubs.
Council questions
STUDY SESSION NOTES: September 22,2014 Page -8-
Councilmember Wooden asked Mr. Elliott if there is any harm to users of marijuana. He
said it is not good to drive while high and it's not good for kids. Councilmember
Wooden asked if it isn't for children, why is it in gummy bears and products that appeal
to children? Mr. Elliott said it's because adults like gummy bears and they are very
profitable. Packaging is still being debated.
Discussion followed .
Councilmember DiTullio received consensus to extend the current emergency
moratorium for 90 days by ordinance for a non-emergency moratorium to allow for 1st
and 2"d reading .
Councilmember DiTullio asked for consensus to have staff draft an ordinance which
disallows marijuana vending machines. Discussion revealed that they would only be
allowed in licensed facilities anyway so this was deemed not immediately necessary.
Staff will look into it.
Councilmember Starker asked for consensus to have staff look through the new state
regulations for marijuana to see what regulations we might adopt so that we would have
enforcement power for a list of banned practices.
Mr. Dahl instructed Council about the scope of its authority regarding grandfathering and
closing down existing marijuana facilities. The Council may choose to grandfather
existing facilities. Also, contrary to what an advocate said earlier, per case law and due
to timelines in the law the City Council absolutely does have the legal authority to
prohibit marijuana sales and close down existing marijuana facilities.
After discussion there was further agreement to discuss the following options at a future
Study Session:
• Implementation of a Special Use Permit process
• Locally adopting selected portions of the state regulations to enable local
enforcement
• Review the map again
• Look at extending the separation limit
ADJOURNMENT
The Study Session adjourned at 10:42 p.m.
Sign Up Sheets
9/22/2014 Study Session
In anticipation of a large attendance, Mayor Jay requested a sign-up sheet for those who
attended this meeting to ascertain the level of sentiment for and against marijuana.
For Marijuana
Total Names Email Only
31 16
Against Marijuana
Total Names Email Only
131 8
No Side
Total Names Email Only
2 0
Total Sign ins 164
WR
Resident
8
WR
Resident
121
WR
Resident
2
Other
7
Other
2
Other
0
Lakewood
Edgewater
Arvada
-----> Denver
Aurora
Louisiana
Centennial
-----> Arvada
2
1
1
1
1
1
1
1
Chronic Therapy
210 names Illegible
Printed names 40
Signatures
Out of state/country 25
18--unknown ("Yes")
175
OK
170
35
1 each--LA, FL, CA, Seattle, Dallas, Canada
1 *=yes CO and, yes Out of State
(CO residents}
WR 34 -----------------------------LW 26
Arv 7 -----------------------------Golden 3
Morrison 2
-----------------------------Erie 1
Aurora 1
-----------------------------Littleton 2
Other 108
-----------------------------Total 184
184
+ 25
209
*1
210
Petitions Summitted at
9/22/2014 Study Session
Best Colorado Meds
183 names Illegible
Printed 61
Signatures *
Out of state/country 11
10-unknown ("Yes")
1-NY
(CO residents}
WR
136
46
Arv 4 .......................................................................................
Golden 2 .......................................................................................
LW 1
.. ~.i.~~~.~.~.~~ .. ~~~.~~ ........................................ ! ..
Westminster 1 .......................................................................................
Broomfield 1
Jeffco 3 .......................................................................................
.. q.~.~.~r. ............................................................ !!.?. ..
Total 171 .......................................................................................
................................................ ?.~~ ....................... !.! ..
182 *
*1 no WR, no CO +1
no OOS, no sig 183
OK
122
46