Lessons from Telluride

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Lessons from Telluride

More than five months after retail sales of marijuana were legalized, political and legal issues remain
Telluride Bud Co. owner Adam Raleigh discusses the various attributes of different strains of marijuana available for purchase on New Year’s Day, the day recreational marijuana prohibition ended in Colorado.

Lessons from Telluride

Telluride Bud Co. owner Adam Raleigh discusses the various attributes of different strains of marijuana available for purchase on New Year’s Day, the day recreational marijuana prohibition ended in Colorado.
A look at Telluride’s retail marijuana law

The Town of Telluride adopted a commercial marijuana ordinance last September governing cultivation, possession, sale and use of retail marijuana, in part, because it could be harmful to public health, safety, and welfare if not carefully regulated, the ordinance states.
According to Telluride’s Ordinance No. 1394, the town council appoints a hearing officer to serve as the licensing authority for retail marijuana shops. The individual is responsible for granting or refusing licenses, which are valid for one year.
A new license application in Telluride requires a non-refundable $1,000 fee, and a renewal application includes a non-refundable $500 fee. In order to defray municipal costs, all fees associated with background investigations or inspections, for example, are also the responsibility of the individual seeking or holding a license.
Limitations included in the ordinance prohibit private marijuana clubs and marijuana vending machines. It also bars marijuana consumption, use, display or growing on any town owned or leased property.
In addition, language was included to allow citizens or the town council an opportunity to prohibit retail marijuana stores in the future by a majority vote.
The ordinance also requires all licensed businesses to collect sales taxes on retail sales and remit those fees in a timely fashion. Failure to do so is grounds for revocation of the license.
In addition, the ordinance mandates all retail outlets to post an 18- by 24-inch notice with letters at least one inch in height, stating: “If you have concerns about the way this retail marijuana licensed premises is operated, or other activity on these premises, please contact the Telluride Marshal’s Department.”
Other ordinance restrictions require that all products sold must be placed in a sealed, nontransparent container at the point of sale. Labeling requirements include the license number of the business, batch number, net weight, listing of non-organic herbicides, THC potency and warning statements that the product was produced without regulatory oversight for health, safety or efficacy and health risks may be associated with consumption.
The 21-page ordinance also addresses advertising issues. Although the law does not require approval before using any logo or trademark, it is unlawful for any Telluride retail marijuana business to use advertising material that is misleading, deceptive, false or targeted to minors.
It’s also illegal to refer to any infused marijuana products solely as ice cream, truffles, soda or brownies, for example. Any reference to an infused product must also include the word “marijuana.”
Business owners who violate the town’s ordinance are subject to a maximum $1,000 fine, 90 days in jail, a 180-day license suspension or revocation.