Serene Palmer Lake Colorado Scene of Heated Struggle Over Pot Shops
(The third article in a series about the battles in Coloradocommunities attempting to ban marijuana sales.) Palmer Lake, Colorado (between Denver and Colorado Springs), citizens filed a petition and voted in April 2014 – to not allow retail sales of marijuana in their town. Now it appears that the pro-marijuana activists are attempting to persuade Palmer Lake town council to overrule the law affirmed by their community.
The issue was to be considered again on the ballot in November. However the town council plans on taking a council vote this Thursday, October 9, 2014 to repeal the “no retail pot stores” legislation which passed in April.
“The citizens have already said we don’t want this, yet we are now being second-guessed by the leadership of the town. You can imagine how disheartening this is,” says town resident, Gerilyn McGaughran.
Proponents of retail pot in Palmer Lake are counting on the anticipated tax revenue community to convince the town council. Yet, landlords and business owners, parents and law enforcement anticipate such a move will cost Palmer Lake more than the gain.
(Part 2 on the battle to keep retail marijuana out of communities.) Colorado has become the butt of the jokes from late night talk show hosts. Some have gone so as to call it the vacation destination of “stoners” across America.
In the past, Colorado had been known mainly for its sporting activities and natural beauty. “I think that [health and wellness] is a better thing for us to promote. It seems a little hypocritical, regardless of what side of the argument you want to take. There’s a lot of evidence out there that this [marijuana] may not be the greatest thing for you,” Tim Haas told me as we discussed Colorado tourism.
Haas is struggling with the problem in Manitou Springs, as our last article detailed. Isn’t growing up to be a healthy, high functioning human being the message worth promoting to young children of Colorado? It’s time to let Colorado communities — rather than marijuana businesses that are expanding throughout the state — to decide what is best for their individual communities.
South to Pueblo West
An hour’s drive south of Manitou Springs, the Pueblo West Metropolitan District is fighting a similar battle. The community of Pueblo West has been struggling with the growing number of businesses selling, growing, cultivating, or producing marijuana-infused products. The metropolitan district is already credited to having 6 recreational dispensaries, with, what seems, a new rush of marijuana licenses on the way.
When medicinal and then recreational marijuana were legalized in Pueblo County, the county created a land use code that limited stores to property zoned for specific retail uses. The result was the zoning protected Pueblo City, with limited zoning, and Pueblo West, with far more retail zoning, became the place to open shop.
“The result is businesses looking for spaces found a lot more zoned in Pueblo West than a lot of other places in the county,” Commissioner Sal Pace said. “It was an unintended consequence.” Pueblo West doesn’t want the stores, but the community of about 35,000 is stuck with them. That’s what the resolution ended with, that acknowledgement.
While unintended, it’s nonetheless a consequence. In the minutes of a Pueblo West Metropolitan District meeting on July 8, 2014, Sheriff Kirk Taylor for Pueblo County is recorded as saying, that he “does not think the citizens of this community have weighed in on the issue. There have been over 100 municipalities and counties that have opted out [of marijuana retailers in their areas]. The community of Pueblo County never got an opportunity to opt out. Three commissioners decided it was good for us and they started giving out licenses, and in his opinion this is wrong.” In other words Pueblo West doesn’t want the stores it has, but the city is stuck with them.
Buyers in Pueblo West, Colo., line up to legally buy marijuana on Jan. 1, 2014, the day the first recreational marijuana stores opened. (Source: AP Photo/John Wark)
Pueblo for Positive Impact(PfPI) Founder and Leader, Paula McPheeters, has been working diligently to make sure someone is standing up and speaking out for the community. “What we want is control of our own destiny for economic development and or the future. And we know there is way more to Pueblo West than just the marijuana industry,” said McPheeters.
Later in July, the Pueblo West Metropolitan Board finally heard its constituents and voted in favor 5-0 of a new resolution asking that the county not permit any new licensing of any additional marijuana-related facilities or operations. The resolution was passed shortly after being edited to remove a moratorium on pot shops. So while the community would still like to see the shops go somewhere else, they are still protected by the local Metropolitan Board.
The County Commissioner’s Board is beginning to feel the heat, as well, now that the local Metropolitan Board is being called to accurately represent Pueblo West’s desire to end the addition of any more pot shops in its community. Also putting on the pressure at the County Commissioner’s Board meetings are those representing the big business behind the marijuana industry, leaving many community members wondering who their local legislators are really listening to—the people who live in their communities and voted them in, or the profiteers looking to attract pot smokers.
These Coloradans aren’t arguing whether or not they think that pot should or should not be legal, it’s about community members deciding what’s best for them and their families.
Colorado used to be the state of the Olympic Committee, one of the healthiest populations in America, known for its hiking and skiing, and its beautiful landscapes. Communities that don’t want to be a part of the pot community and this new stereotype have the right to do so. Coloradans are now fighting for their right to not raise their children surrounded by pot shops and marijuana grows.
(Part 1 on the battle to keep retail marijuana out of communities.) Colorado’s image as a healthy place to escape smoke and pollution is under attack at its core. Denver is not the only place where marijuana businesses are threatening the state’s image as place to pursue healthy activities.
Since its establishment in 1872, visitors have been flocking to Manitou Springs for the fresh mountain air, for rigorous hiking and for its healing waters. Manitou Springs is a darling community, founded upon the quest for healthiness, and community. It is seated at the base of Pikes Peak, just outside of Colorado Springs. Tourists may stop at several different natural springs of carbonated drinking water, each toting a distinct mineral content.
The city is also a great destination for families. The Manitou Springs Penny Arcade and unique shops entertain the town’s guests before and after their exploration of Pikes Peak and the famous Incline. The historic center is on the National Register of Historic Places. Historical buildings are colorfully painted and restored, and the homes that perch upon the mountainside are unique to this area. Manitou Cliff Dwelling is about five miles away.
Behind this lovely foreground is a community going to battle against the big business of marijuana. Since the approval of Amendment 64 in Colorado, legalizing marijuana, Manitou Springs has seen several medicinal marijuana dispensaries open their doors. On August 1, 2014, Maggie’s Farm opened its doors as the first recreational marijuana retailer in their community.
Manitou Springs, CO, in 1902. From the Public Domain. Photo source: Wikipedia
Under Section 5(f), Regulation of Marijuana, Amendment 64 states:
A LOCALITY MAY PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES THROUGH THE ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR REFERRED MEASURE; PROVIDED, ANY INITIATED OR REFERRED MEASURE TO PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES MUST APPEAR ON A GENERAL ELECTION BALLOT DURING AN EVEN NUMBERED YEAR.
Many communities are saying that they were not asked to vote on having marijuana retailers in their community. They disagree with those who claim that when a majority of voters in community supported Amendment 64, it signaled agreement to have marijuana retailers in that community. Had residents known this would be the interpretation, many say they would have voted differently.
The group, No Retail Marijuana in Manitou Springs (NRMMS) came to life after the Manitou Springs City Council decided on January 21st to permit retail sale of marijuana, despite the majority of residents’ objections. It didn’t take long after the vote for local marijuana businesses to take action. The construction of Maggie’s Farm, a recreational marijuana retailer found in multiple Colorado cities, began in Manitou in May and opened its doors on August 1st. Another dispensary, Reserve 1, distributing medicinal marijuana, received a license to sell the drug for recreational use. It is currently looking for a larger space to expand its operation.
Many community members have voiced opposition to the City Council’s decision. Tim Haas, Treasurer of NRMMS and local business owner, says that one of the major concerns of allowing marijuana retailers in Manitou Springs is the large number of pot smokers from neighboring communities that will flock to Manitou for their recreational fix. Colorado Springs with a population just under 432,000 is but a mere 15-minute drive away from Manitou. In July 2013, Colorado Springs’ City Council voted to ban recreational marijuana stores with a narrow vote of 5-4, meaning Manitou Springs is now a close and convenient source of marijuana for those without a prescription.
It’s not only a question of increasing road traffic, but also people traffic. Manitou Springs’ population of homeless seems to have risen in the last few years. The anecdotal evidence is the appearance of an increasing number of young people gathering on the corner, sometimes smoking pot openly. It alters the feeling of the friendly town. Though many of the young and old homeless and panhandlers who congregate at the circle on Manitou Ave. are harmless, the question of safety may cross their minds of tourists who come to the area. Since the passing of Amendment 64, the Colorado cities of Denver and Colorado Springs have reported a large influx of homeless youth; many stating they are in Colorado for the weed, and it seems safe to say that Manitou may see the same ripple effect.
With some of these negative side effects becoming apparent, Haas, as a parent, is concerned. He has chosen for his children to attend the Manitou Springs’ schools, coming in from a neighboring town.
Manitou Ave. Historic district of Manitou Springs (Source: Michael Brands/The New York Times)
What might happen if parents begin to perceive Manitou Springs as a center for recreational marijuana? A large percentage of Manitou’s High schoolers are “choiced” in, meaning that if parents change their minds based on the reality, or purely their own perception, of what is going on in Manitou, the local schools could lose money. Just losing 20% of the students would be enough financial cause for the schools to have to cut teachers and the other students would be left to face the consequences.
NRMMS created the petition to ban retail marijuana shops from the Manitou Springs community shortly after the City Council’s vote. The group gathered 593 signatures, 465 being certified, almost double the required number of 275 certified signatures — 15 percent of the number of voters in the last general election (1,833). The question will appear on the November 4th ballot allowing voters to decide if the current ordinance should be upheld, or overturned, banning retail marijuana establishments in the city of Manitou Springs. At least two groups are working together to ban the marijuana shops in Manitou Springs, Don’t Let Manitou Go to Pot and People Against Retail Marijuana in Manitou Springs.
Resident voters will receive their ballots by mail on October 16. They should be returned no later than November 4. Voters who did not participate in the last election may need to update their voter status and request a ballot. For more information or to check your voter status in Manitou Springs, please visit the Manitou Springs City website. Voters wishing to ban the stores should vote YES on the marijuana retail ballot question. The Colorado Springs Gazette endorses a Yes vote on 2G. Former Mayor Marcy Morrison recently wrote this opinion piece in the Gazette.
“Mass incapacitation of blacks instead of mass incarceration.” Judge Arthur Burnett, National Executive Director of National African American Drug Policy Coalition, was describing how he views marijuana legalization, at a meeting this summer which pre-dated the formation of Two is Enough D.C.
Two Is Enough D.C. (TIED.C.) officially registered September 23 as the No on 71 campaign — signaling the opposition to legalizing marijuana in Washington, DC. TIED.C. announced its formation on Wednesday, September 17, with former Congressman Patrick Kennedy giving an introductory speech. The group urges the voters of Washington, DC, not to approve Initiative 71 on November 4, 2014.
The grass-roots campaign is another example of David vs. Goliath. Initiative 71 has received more than $200,000. David Bronner, a Californian, jump-started the campaign to legalize marijuana in the District of Columbia. After the campaign gathered more 57,000 signatures, DC Board of Elections approved the Initiative in August. Though Initiative 71 concerns private possession and usage, the city council would be able to commercialize marijuana. City council currently is considering a bill to tax and regulate marijuana. However, in the states that have legalized it, the black market remains and taxes have been far below expectations.
“We have seen the negative impact of tobacco and alcohol on our youth, families and communities,” Will Jones III, founder of Tiedc, said. Companies that produce these two legal drugs have disproportionately targeted and affected communities of color. “With the costs in health care, education, accidents, lost productivity and law enforcement as a result of substance use, Washington, DC cannot afford a third legal drug. Thus, we declare that ‘Two is enough’ and urge our fellow citizens to do the same by voting NO on Initiative 71.”
Judge Burnett spoke at the Press Conference, along with Will Jones, representing the millennial generation. They were joined by other community representatives who gave forceful speeches: Dorothy Armstead, retired schoolteacher; Dr. William B. Lawson, Professor and Chairman of the Department of Psychiatry at Howard University; Pastor Ronald L. Demery of Bible Way Church in Washington, DC., a local civil rights leader; Kathy Henderson, Realtor, parent, and elected representative for ANC 5D05; Ambrose Lane, Founder of Ward 7 Health Alliance Network and President and CEO of Washington East Development Alliance (WEDA) and founder of ; and Andre Murphy, who is in the process of making a film, with Bernard Howard, who spoke of his struggle to overcome addiction.
Former Congressman Patrick Kennedy, Bernard Howard and Andre Murphy
The speakers agreed that legalizing marijuana will mean more youth access to it, more drug addiction and the problems that go with it. Increased use at younger ages also means more school dropouts and fewer children who are able to complete schooling and get jobs. Under the initiative, the city council could allow commercialization which would then open the door to dangerous edibles, known to trick children and others with appealing packages.
Health and Biology
“Even if you don’t smoke marijuana now, you will be smoking it.” Kathy Henderson said at a community planning meeting opposed to legalization.
“Since decriminalization, marijuana smoke is everywhere. People smoke on their porches and you can’t get away from it.” Currently the maximum fine for smoking marijuana is $25 and police do not bother to ticket. This de-facto legalization of marijuana in the nation’s capital means that it carries a fine less than the $75 charged for littering and less than the $50 for under-age tobacco smoking.
Ms. Henderson, who received her undergraduate training in Biology, understands the dangers of marijuana from a health and public safety perspective, as well as from the perspective of a parent. Other speakers have seen it all.
Tiedc organizer Will Jones, Rep. Patrick Kennedy and Dr. William Lawson, Chair of Psychiatry at Howard University
Dr. Lawson, in addition to his position at Howard University, is President of the DC Chapter of Mental Health America, past President of the Washington Psychiatric Society, past President of the Black Psychiatrists of America. He received the National Alliance for the Mentally Ill’s Exemplary Psychiatrist Award and the Multicultural Workplace Award from the Veterans Administration for the advancement of diversity and multicultural understanding. Twice Dr. Lawson was named one of America’s Leading Black Doctors by Black Enterprise Magazine. He is an author of over 170 publications.
Speakers’ Vast Public Policy Expertise
Other speakers at the Press Conference are experts in public policy and community organizing. Representative Patrick Kennedy, son of former Senator Ted Kennedy and nephew of President Kennedy, served 16 years in the U.S. House of Representatives. He is known as the author and lead sponsor of the Mental Health Parity and Addiction Equity Act of 2008. The dramatic legislation provides millions of Americans who were previously denied care with access to mental health treatment. He is a co-founder of Project SAM, which supports an alternative policy for marijuana, neither legalization or incarceration. As a mental health advocate, Kennedy stands strongly against marijuana legalization. He says it increases “permissiveness for a drug that directly contributes to mental illness.”
Judge Burnett, in addition to being National Executive Director of the National African-American Drug Policy Coalition, Inc., was senior judge for the Superior Court of the District of Columbia. He was appointed the first African-American United States Magistrate in the United States, was a member of the Board of Directors of the National Association for Children of Alcoholics, was a Chair of the National Bar Association Juvenile Justice Task Force and a Chair of its Juvenile Justice Committee. Judge Burnett has about 40 years of experience as a judge and recalls some of the worst cases of domestic violence and child abuse that arose from drug use and alcohol.
Ambrose Lane is also a policy specialist, and a community organizer. Among his many community leadership positions, he has been Director of DC Circle of Hope Violence Prevention City-Wide Project and the Founder, Principal organizer of DC Youth Advisory Council (DCYAC).
Pastor Demery organized a “no ticket” Gospel concert in June of this year, with hopes to increase public awareness of the dangers of policies that increase marijuana access and the resulting risk of “naive” initiation into life-long drug use and addiction. Last September he hosted a Conference: No Access, No Use.
Former Congressman Kennedy, Will Jones, Kathy Henderson, Ambrose Lane and distinguished Judge Arthur Burnett
Other Issues
The disparities in the criminal justice and larger issues of racism in the United States were brought up by some of the speakers. “However, drug arrests are only one factor in the larger issues of racism and disparities in the criminal justice system. It is wrong to think that legalizing marijuana would make a dent in these larger problems,” Will Jones concluded. Attorney General Eric Holder announced a downward trend in the rate of incarceration in federal prisons, following the release of non-violent drug offenders.
Though some voters may think Initiative 71 only covers private possession, with an individuals allowed two ounces or to grow up to six plants. The city council at any time could vote to allow commercial sales of marijuana.
A recent problem is BHO explosions. It would be difficult to stop and control the making of BHO, butane hash oil. The fire departments, hospital emergency rooms and ambulances of Colorado, California and Washington have become overburdened with a rash of butane hash oil explosions, and this activity would be totally legitimate if Initiative 71 passes. Despite eight explosions in Denver and 31 in Colorado this year, the city of Denver has had difficulty passing laws to change the situation.
