HomeMy WebLinkAbout20121139.tiff Esther Gesick
From: Bruce Barker
Sent: Monday, April 23, 2012 2:30 PM
To: Commissioners; Trevor Jiricek; Esther Gesick; Stephanie Arries; Brad Yatabe; Bob Choate;
Don Warden; Trevor Jiricek; Monica Mika; Jennifer VanEgdom; Vicky Sprague
Subject: RE: Medical Marijuana Recommendation
Attachments: medmarijuanalic.pdf
Alan Chapman's letter of April 19, 2012, has no relevance for Weld County. Remember that in 2011, the Board of
County Commissioners approved Section 12-7-10, which states:
ARTICLE VII
Cultivation,Manufacture, Distribution and Sale of Medical Marijuana
Sec. 12-7-10. No issuance of local license for the cultivation, manufacture,distribution and sale of medical
marijuana.
The Board of County Commissioners, as the "Local Licensing Authority" for the County, as defined in Section 12-
43.3-104(5), C.R.S., shall not issue a local license for the cultivation, manufacture, distribution and sale of medical
marijuana within the County, pursuant to the authority provided in Section 12-43.3-301, C.R.S. Furthermore, the lack of
specific standards for local license issuance for the cultivation, manufacture, distribution and sale of medical marijuana
within this Code, as described in Section 12-43.3-301(2), C.R.S., shall not be construed in any manner whatsoever as
consent to the issuance of a local license by and through said Colorado statute, or by and through other operation of law.
(Weld County Code Ordinance 2011-8)
Weld County does not license medical marijuana establishments, so no need for applications or waivers of liability as
referred to in Alan's letter.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "0" Street
Greeley, CO 80632
(970) 356-4000, ext. 4390
Fax: (970) 352-0242
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Vicky Sprague
Sent: Monday, April 23, 2012 2:21 PM
C crn.in Uo ll.t�v!/li 3- �/ 2_ 1 2012-1139
To: Bruce Barker
Cc: Jennifer VanEgdom
Subject: Medical Marijuana Recommendation
Bruce:
Please see attached request from CTSI. The commissioners would like your recommendation, please.
Vicky Sprague
Office Manager
Board of County Commissioners
1150 O Street
Greeley CO 80632
970-336-7204
vsprague@co.weld.co.us
{ t� r,
r �
S•
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person
or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.
If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.
Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments
by anyone other than the named recipient is strictly prohibited.
2
CTSI
Serving Colorado's Counties WELD COUNTY
COMMISSIONERS
ma APR 20 A 1 1i
April 19,2012 RECEIVED
To: County Commissioners, County Attorneys
CAPP Designated Correspondents
From: Allen Chapman,CTSI Executive Director
RE: Indemnification—Medical Marijuana Licensing
As an additional precautionary measure and to help limit potential risk exposure of the medical
marijuana licensing process,it is our recommendation that counties consider securing a release
of liability from license applicants. -
As such,we recommend that license applicants sign a waiver of liability containing language
similar to the following:
(a) By applying for and accepting a license issued by the Board of County Commissioners,
the licensee waives and releases the county,its officers,elected officials,employees, attorneys
and agents from any liability for injuries,damages or liabilities of any kind that result from any
arrest or prosecution of business owners,operators,employees,clients or customers for a
violation of state or federal laws,rules or regulations.
(b) By applying for and accepting a license,all licensees,jointly and severally if more than
one(1 ),agree to indemnify,defend and hold harmless the county,its officers,elected officials,
employees,attorneys, and agents against all liability, claims and demands on account of any
injury,loss or damage, including,without limitation,claims arising from bodily injury,personal
injury,sickness,disease,death,property lossQr damage,or any_other loss.of any kind _ _,�_
whatsoever arising out of or in any manner connected with the operation of the medical
marijuana business that is the subject of the license.
Counties should work with their county attorneys to draft a release specific to their county and
which may include a waiver from applicants in the event the Board of County Commissioners
does not issue a license or subsequently revokes a license previously issued.
County Technical Services,Inc.
Administration&Loss Prevention 800 Grant Street•Suite 400 Claims(CAPP&CWCP)
Phone:303461.0507 Denver,Colorado•80203 Phone:303.861.0507 1-800.544.7868
Fax:303.861.2832 email•ctsi@ctsi.org Fax:303.861.1022
� �d. oi<
Conway
Garcia
Kirkmeyer
Long V
Rademacher
Hello