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Medical marijuana moratorium in Boulder: The Bushes connection

This week, Boulder City Attorney Tom Carr asked the city council to impose an emergency moratorium against new applications for medical marijuana operations, to run through at least February 8. Why? The heart of the matter involves a court ruling, on view below, focusing on Bushes, an MMJ grow.

Bushes first surfaced in this space last month, after medical marijuana reviewer William Breathes gave a positive review to The Station, a Boulder dispensary. Shortly after the item's publication, commenters informed us that the center had closed, but it reopened shortly thereafter.

the station boulder.JPG
The Station.
What happened? Boulder spokeswoman Sarah Huntley told Breathes that the city never had a problem with The Station. Instead, Bushes, its affiliated grow facility, was the rub, as she elaborates in the wake of the council's action.

"The initial issue with Bushes, as I understand it, is that on at least one occasion when inspectors went to perform their review of the business, the owner declined to let them in," she says. "Subsequent to that, the city discovered the owner" -- Jack Pease, doing business under the name Buffalo Enterprises -- "was growing plants somewhere other than the licensed premises. Those are the grounds under which the city's hearing officer denied the license to Bushes."

The question of whether the hearing officer's denial was made on appropriate grounds "is still before the Boulder District Court and Judge Andrew Macdonald," Huntley continues. "In the meantime, the owners of Bushes asked the court to prevent the city from being able to shut them down, and the court agreed."

True enough. Macdonald's order, included here in its entirety, granted Bushes a preliminary injunction against closure due in part to the impact the decision would have on The Station due to state law requiring the owner to produce the majority of his or her own product. "The value of the existing license will be substantially destroyed by the City's proposed action," Macdonald writes, because of the regulation requiring "that a MMB cultivate at least 70 percent of the marijuana necessary for its operation. Because Buffalo is only capable of cultivating marijuana at its grow facility, it will not be able to meet this statutory requirement and the value of its existing permit will be substantially impaired if it cannot obtain a license for the grow facility."

Page down to read about the possible impact of the moratorium.



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7 comments
Gary Rose
Gary Rose

Amendment 28 of the us constitution should be drafted and include provisions that prevent congress from passing legislation that deprives us of our right to all non-violent manufacture and distribution of all goods demanded by a free market. This provision should ensure that the definition of "property" in the US Constitution extends to the property that is "our own human bodies". Lastly there needs to be a provision that prevents congress from seizing our property under any circumstances whatsoever. That is criminal.  

High Country Caregiver
High Country Caregiver

Though I realize the significance of medical marijuana, this is 2012, and medical is getting to be really old news.  Research is showing that legalization is the new topic, real legalization of cannabis, not medical marijuana.  Can we focus more on the majority of the cannabis population in Colorado, not just the small chunk claiming 'medical' for 2012?  Let's do interviews at the smoke shacks, photos of people blazing at concerts, word on the street about how to legalize cannabis..... This is the great pot state of Colorado let's take advantage of all opportunities to change the world!

Colorado Mmj Patient
Colorado Mmj Patient

Check out the 10th Amendment.  But the problem is really bigger than that.  Govt ALWAYS wants to get bigger and more intrusive.  It is natural.  It's proven in history.  Then the Empire falls.They will, if you let them, control every aspect of your Life.  Ron Paul !!!  The rest are all more govt lackeys and want the govt to force THEIR own agenda. We need a radical reduction of govt intrusion into our personal lives.  Romney, Santorum, etc all have great ideas about how we should live our lives.  Paul is the ONLY one who trusts "the people" to make their own lives. David

Billy2435
Billy2435

Care to cite a source for your 'research'?

I doubt the majority of Coloradoans would agree with you about total legalization of marijuana. You fail to address serious and valid issues, like minors and access. Some rational thought would be nice, it's almost like you're trolling to increase your post count around here. It's really odd.

High Country Caregiver
High Country Caregiver

I think Mit Romney is a major threat to marijuana cultivation, use, and possession.

Colorado Mmj Patient
Colorado Mmj Patient

If you want to limit access to children, look at the schools. More drugs float around schools than any MMC. And it's not just MMJ, its coke, meth, pills, booze, etc. 

Maybe you should try thinking rationally instead of trolling. 

High Country Caregiver
High Country Caregiver

I think humans are capable of raising children just fine without cannabis prohibition.

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