Montezuma County sheriff sees benefits in lifting county ban on commercial marijuana cultivation – The Journal

Montezuma County Sheriff Steve Nowlin, center, investigates illegal marijuana operations with the agents in this file photo. (Jim Mimiaga / The Diary)

A licensing system would help control illegal cultivation, he says; Fees would increase revenue

Lifting the ban on commercial marijuana farms in Montezuma County and increasing local control of plant boundaries for private use could be the best way to tackle illegal cultivation, says Sheriff Steve Nowlin.

Currently, the county bans commercial and retail marijuana operations in unincorporated areas.

While Nowlin supports the ban on retail stores in the district, he wants the district commissioners to consider an ordinance that introduces a licensing system for commercial marijuana farms so they can be regulated. Government permits and licenses would also be required.

He presented the idea to the Board of County Commissioners for review.

“It would be for wholesale growers only, not retail,” Nowlin said in an interview last week. “It’s in the form of a draft, and how it turns out is up to the district commissioner.”

Part of the discussion is the benefits of county permit fees and taxes arising from commercial growers that would provide a source of income for the county. The proceeds could be used for costs related to regulating the marijuana industry and mitigating its effects.

Illegal growers are a problem in the county, Nowlin said, both in households crossing the line for personal or medicinal use and on black market farms.

Police officers confiscated marijuana plants on an illegal farm at County Road 22 in 2018. Three adult men were arrested at 6 a.m. in a raid on the home. (Jim Mimiaga / The Diary)

The sheriff’s office has performed several busts of illegal plants in the past few years, Nowlin said, and more are expected.

“I want the illegal activity to stop, (with permission) we will have more information. We can indict those who do not obey the rules under state and county laws, ”he said.

He said a licensing system would also encourage legitimate growers to point out illegal farms competing with them, with the unfair advantage of skipping the required fees and oversight.

Nowlin emphasized that he is still fundamentally opposed to marijuana.

“It has a huge impact on the community,” he says.

As a sheriff, however, he is required to obey state laws, and he believes that a limited system of licensing for commercial cultivation will provide more control over the industry.

“When done lawfully and by ordinance, it helps us regulate this in the county and also allows those who adhere to the ordinance to tell who’s not complying,” Nowlin said. “You should want to get rid of the black and gray market.”

MPs have also responded to households growing more marijuana crops than the law allows.

According to Colorado’s marijuana laws, adults can grow up to six marijuana plants for personal use and own the marijuana they produce unless it is sold. However, the maximum amount of marijuana plants allowed per household is limited to 12.

There are exceptions under state law that allow permits for up to 24 plants in a household for non-commercial medical purposes.

A district ordinance could regulate and require permits for stationary medical cultivation for the 12 plants in addition to the required permits.

The ordinance could allow counties to more effectively mitigate potential impacts like odor and light, Nowlin said. It could also ban personal marijuana growing on private non-residential properties.

Nowlin cites certain aspects of a 2018 San Miguel County’s resolution regulating personal plant counts and growing locations.

Keeping up with illegal marijuana farms has been a challenge, Nowlin said. In 2020 and 2019, the Sheriff’s Office carried out a total of 12 raids on illegal marijuana cultivation at the “drug market level”, with more being planned. Nowlin said there were more illegal operations going on but the office lacks the resources to handle them all.

A declining hemp market is causing local growers to consider switching to marijuana production. The cultivation of hemp is regulated by the Colorado Department of Agriculture and does not require a district permit.

In April, hemp producer Green Lynx Farms outside Mancos called on the district commission to lift the ban on commercial marijuana cultivation in the unincorporated district.

The company plans to grow commercial marijuana in its indoor greenhouses to provide local supplies for retail stores. Cortez, Mancos, and Durango all have marijuana retail stores, and at least one is pending in Dolores.

In 2020, retail marijuana sales in Montezuma County totaled $ 30.1 million, up from $ 23.2 million in 2019, an increase of 22%, according to the Colorado Department of Revenue’s marijuana sales reports. corresponds to.

In 2020, La Plata County’s retail marijuana sales were $ 40.1 million, up from $ 29.7 million in 2019, an increase of 35%.

Any proposed change to the district’s ban on commercial marijuana businesses would require a change to the land use law and include public meetings, commissioners said.

“We need to hear from people what they think,” said Inspector Joe Stevenson.

jmimiaga@the-journal.com