When you want to start a business, you often have to go through the local government facilities to make sure you can get a license and the right to trade in the area. In Colorado, marijuana use is now legal, but that doesn't mean that stores are going to be popping up all over. According to a news report from April 16, a Larimer County board has decided to recommend against granting licenses for growing and selling recreational marijuana to a company called Flower Power Botanicals, which is one of only two medical marijuana centers in the county.
With marijuana use legal in Colorado, what's the problem with this business formation? According to the commission, the store was requesting a waiver for a rule that says a recreational facility has to be at least 500 feet away from a retail marijuana business. However, 25 feet from this medical marijuana business is an indoor racetrack for remote-controlled cars. The commission voted against the store being able to grow the marijuana 7-2, arguing that they can't ignore rules put in place when it comes to retailing marijuana.
The vote was only for a recommendation to the county commissioners, and those commissioners will be the people who decide if the licenses can be issued and the waiver granted. The application is expected to be reviewed by May 12. However, because the store would not comply with the county law, it's not likely to be able to sell retail marijuana there.
One commissioner has said that because Flower Power is a medical marijuana center, it would be able to continue even if the center has the waiver and licenses denied. Some other commissioners believe that because of the company's track record with no complaints, the waiver should be granted. The company allegedly meets all of the land-use criteria for getting a retail marijuana license, except for the one limiting the business to a distance of 500 feet from recreational facilities.
As a business owner, the small laws and regulations in a city can really hold you back, so it's important to do your research. While waivers may be available, knowing what you can or can't do can be of help during the planning of your business.
Source: Coloradoan, "Larimer County board opposes retail pot license" Kevin Duggan, Apr. 16, 2014