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Pot shops won't be showing up in El Paso County
Posted: 01.16.2013 at 10:02 PM
Updated: 01.17.2013 at 8:00 AM
Sam Baranowski

Sam is a general assignment reporter for FOX21 News.

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EL PASO COUNTY, COLO. -- It's official. We won't be seeing cannabis commerce in El Paso County.

Each jurisdiction is allowed to determine whether or not to allow the retail sales of marijuana in their area, and El Paso County has joined Weld and Douglas counties in implementing a ban.

"The voters did speak as to how it related to the constitution statewide," County Commissioner Sallie Clark explained, "but we have local jurisdiction to say... well, it might be fine in one county but not necessarily in El Paso County."

Clark said the commissioners decided to stay ahead of any state or federal decisions made, and to put the ban in place for unincorporated areas of the county.

"We don't want to just wait for them to tell us what to do." she said, "We have the local ability to make those decisions ahead of time. I think that we were just being proactive in making sure we set a level playing field for everyone. You wouldn't want a business to open and then have to close it later."

After the election, the Clerk and Recorder's office released a map showing whether each district in El Paso County was largely in support or against Amendment 64. It shows that pot proponents live closer to the central regions of the city, and the unincorporated areas were largely opposed to the measure.

Clark said these voter trends were considered in their decision, as well as citizen testimonies, legality concerns, a lack of decisions coming from the state legislature, and fear of the federal government pulling other funds.

"Could that risk any of our dollars if we are allowing these types of facilities and these businesses to go in, especially when the laws aren't clear and consistent throughout the federal and state and local levels?" she asked?

"The state government has not come up with their rules. We don't really know what the impact of that will be. Then there's the conflict at the federal level, where they say they're not going to enforce it but at same time it still is illegal. So it puts us in a position of having to decide... who do we trust?"

The commissioner added that they may have to change their minds when more details materialize on how a sales tax will work on weed, and if the state decides to add a ballot measure on an excise tax allocation to education, as rumors said would happen.

"We'll figure out where to go from there whether to continue the ban and zone it, and how that all plays out is still in question," Clark said.

What's also still in question is the Colorado Springs City Council's decision on a potential ban. Councilman Tim Leigh said it's an item that's low on their agenda.

Councilwoman Lisa Czelatdko added, "A state task force is currently working on legal, policy, and procedural issues. The City of Colorado Springs would be wrong in declaring any position on recreational marijuana shops within City limits prior to hearing the State's task force findings and especially with the absence of a majority of citizens asking for the City to take a position."

Those decisions are expected to come in July of 2013.

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