Eight more medical marijuana businesses have received cease-and-desist orders from the city of Boulder due to problems with their applications for a license.
City spokesperson Sarah Huntley told Boulder Weekly today that in addition to the six dispensaries that received cease-and-desist letters in early March, six dispensaries, a grow operation and an infused-product business were sent similar letters on April 7.
By the end of the day, two dispensaries had successfully negotiated to have their denial lifted, but another had been added to the list of those targeted for closure.
The businesses have 10 days to file an appeal with the city; those that do not must shut down.
The most common reasons for denying an application for a city license relate to zoning and background checks. Boulder’s medical marijuana ordinance prohibits those “not of good moral character” from having a financial interest in or managing a dispensary; Huntley says having a felony conviction within the last five years is grounds for denying a license application (hourly employees are not subject to the restriction). In addition, the ordinance does not permit dispensaries to operate within 500 feet of a school or day care center, or within 500 feet of three other dispensaries.
According to Huntley, the seven remaining businesses that are still under cease-and-desist orders (and the alleged reasons for the denial) are: 14er Holistics (500-foot rule), Boulder MMJ (background check), Boulder Vital Herbs (500-foot rule), grow operation Colorado Bottling Company LLC (background check), The Greenest Green (500-foot rule), Lotus Medical (500-foot rule) and infused-product business Spoon Full of Sugar (background check and other alleged ordinance violations).
The Village Green Society was one of the establishments that was initially targeted by the city but was quickly exonerated because of a “misunderstanding,” according to Huntley. Ed Jabari, general manager of that business, told Boulder Weekly that a paperwork problem was resolved on April 8, immediately after the letter was issued, and that the establishment is now in compliance with city regulations.
Huntley says businesses that appeal will be scheduled for a quasi-judicial hearing and will be allowed to remain open pending the outcome of those hearings. She says hearings for the five appeals from the first round of letters have not yet been set.
Huntley also told Boulder Weekly that city officials have reviewed 90 of the 117 applications that have been received. The fact that only 14 of those 90 applications have been denied is evidence that “the city is making every effort to work with these businesses that have applied, to bring them into compliance,” she says.
The 76 medical marijuana businesses that have been cleared in this first phase of review are not home-free yet, however. Huntley says they still have to work with officials to make sure they adhere to city building and fire codes.
Only one dispensary — Good Humor Meds — has been granted a city license so far.
Huntley says five of the six dispensaries previously notified have filed appeals. The six dispensaries that received cease-and-desist letters last month are 8th Street Care Center, Fresh Baked Dispensary, High Grade Alternatives, Mountain Medicine Group, Southwest Alternative Care and Timberline Herbal Clinic. Mountain Medicine Group has since closed.
