People who want to sell recreational marijuana in La Plata County must have good moral character.
The La Plata County Board of County Commissioners discussed licensing regulations for retail pot during a work session last week, along with making them consistent with medical marijuana rules.
Tuesday’s county meeting was followed by a city of Durango discussion about similar issues. Both governments have scheduled May 6 hearings for public comment.
The county has several types of retail licenses, including store, cultivation facility, manufacturing facility, dual operation of retail and medical facilities and off-premises storage. The county has a three-person licensing board for medical marijuana applicants and, soon, retail license applicants.
Under the draft ordinance, licenses will be denied to those who, among other things, have not paid all required fees, are younger than 21 or are late paying county property taxes.
Todd Weaver, deputy county attorney, said the county’s draft definition of what makes good moral character is based on state definitions and then expanded.
“The Local Licensing Authority had asked for more criteria, more guidance in making the determination of good moral character,” Weaver said. “So that definition does appear in both the retail and medical draft codes.”
The licensing authority can consider many factors in determining whether an applicant has good moral character, including inconsistent information on the application and the investigation, civil lawsuits that demonstrate a pattern of fraud or loss of a professional license.
It also discusses misdemeanor and felony convictions, but that appears somewhat contradictory with the section on license restrictions. More than one misdemeanor conviction in a year or three or more in the past year may mean poor moral character. So may a felony conviction within the last 15 years or a drug-related felony at any time unless it’s no longer a criminal offense. The list also includes more than one driving-under-the-influence offense in the last five years.
Retail stores, unlike medical pot dispensaries, have to post a sign saying it’s illegal to sell marijuana to minors younger than 21, it’s illegal to transport it outside of Colorado and possession still is a federal crime.
The authority also can consider rehabilitation, character references and educational achievements.
Commissioners also debated adding a $250 fee to the operating fee to fund youth education efforts but ultimately decided against it.
Commissioner Julie Westendorff supported the idea, but commissioners Gwen Lachelt and Bobby Lieb did not. The county currently has three medical marijuana licenses and one partial conversion application going from medical marijuana to some recreational.
“I’m not going to support (the added fee),” Lieb said. “It’s not raising enough money to make a bit of difference.”
Lachelt said she wondered if it was redundant, if that education was not already happening.
“I also don’t feel like singling out this industry for a special fee,” she said.
A marijuana education summit is planned for later this year, Assistant County Manager Joanne Spina said.
