City Council Minutes 2010 06 01 - Laserfiche WebLink

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City Council Meeting Minutes June 1, 2010 Page 5 of 10 for her State license in July and to find a building, warehouse, or greenhouse in Louisville to grow and cultivate medical marijuana for her operations. She urged Council to permit some sort of grow operation. COUNCIL COMMENTS Mayor Sisk stated the Governor has not signed HB 1284 into law and noted he may sign, veto or not sign HB 1284, therefore any action Council takes is in anticipation of what the Governor does. City Attorney Light confirmed the bill was signed by the President of the Senate and sent to the Governor's office, but the Governor has not signed the bill yet. He stated Staff requests direction with respect to the current moratorium. The first and second moratoriums were based on state legislation, which would provide options to the local authorities. The bill outlines options available to Council, which are standards similar to liquor licensing. It also outlined the options to local authorities to enact their own regulations, including separation, zoning and operation standards. Councilor Dalton suggested continuing this matter until the Governor takes action on the bill. Councilor Muckle asked when the moratorium would need to be extended. City Attorney Light stated the Council would have to pass a non emergency ordinance on second reading by July 6, 2010, to take effect before August 15. Councilor Muckle asked if a ban was enacted would there still be medical marijuana in Louisville; could medical marijuana patients still grow their own supply and if the City had the authority to regulate caregivers. City Attorney Light explained registered patients and qualified caregivers, who comply with the rules, can still have access to medical marijuana and have prosecutorial immunity. He could not comment on the City's authority to regulate caregivers at this time. Councilor Muckle was comfortable grandfathering in the two existing businesses, but inquired about the set of regulations for those current licensees. City Attorney Light felt the intent of the bill was for the local authority to enact a licensing procedure. Mayor Pro Tem Marsella inquiiredl about the City's civil liability if MMC's were banned in Louisville. City Attorney Light explained there are liabilities and risks. Advocates may argue the provisions allowing for local options are unconstitutional. They may debate as to whether there is immunity from prosecution, or protected rights, which cannot be impaired by a statute from the State Department of Revenue or from the local governments' option to prohibit the commercial activity. He noted there are arguments on both sides however the land use criteria should carry significant weight in the discussions.