MONTE VISTA- Retail marijuana sales may soon be allowed in the city of Monte Vista. Not only retail but also medical marijuana, grow facilities and all forms of cannabis and its production. Two marijuana related questions will be posed to voters on the November ballot.
The two questions were finalized and approved by the Monte Vista City Council at their meeting on Thursday, Sept. 7. Mayor Debbie Garcia, Councilor Matthew Martinez and Councilor Joe Schlabach voted in favor of allowing the questions to be posed to the city electorate. Councilor Jason Lorenz voted against the questions and sought to have only one question be on the November ballot. Mayor Pro Tem Carol Schroeder was absent from Thursday’s meeting.
One question seeks to tax retail and medical marijuana, its sales, production and associated products an estimated $500,000 in the first fiscal year by imposing an 18 percent excise tax should the voters decide to allow sales and other operations in the city. The question also states that one percent of collected taxes will be used for the Monte Vista Police Department to upgrade equipment and provide personnel and another one percent for the Monte Vista Capital Improvement Fund.
The second question will be whether or not voters actually want to allow the “operation of medical and retail marijuana cultivation, manufacture, and sales of medical and retail marijuana and marijuana products within city limits…”
The questions will be two separate questions at the recommendation of city attorney Karen Lintott.

Background
The council’s decision to have marijuana on the November election’s ballot is a result of local businessman Jesse Gallegos’ proposal for a recreational marijuana facility at his current business location on the side of Highway 160. The council’s reasoning is that they would prefer to control the legal language should the city electorate vote to allow the sales.
At previous meetings the majority of the councilors expressed concern that Gallegos or any other interested individual could simply petition the question on the ballot and may word the questions in such a manner that would not benefit the city.
Councilors have reported at council meetings that Gallegos did in fact try to petition the question on to the ballot. His petition and the signatures collected were deemed unqualified. As a result, the city can still hold the election with their language.
Gallegos’ proposal only sought to be allowed a recreational sales facility. The question developed by the city not only allows recreational sales, but also cultivation and manufacturing of recreational and medical cannabis and its associated products.

Separate questions
After researching the issue Lintott recommended the city separate the tax question from the allowance question. City Manager Forrest Neuerburg also conducted research and sought outside counsel from the Colorado Municipal League. According to their findings it was determined combining the question may be deemed unconstitutional and put the city at risk of a lawsuit.
The city administration researched the viability and legality of combining the questions after members of the planning and zoning commission brought forth a concern at the Aug. 17 council meeting. The planning and zoning commission members stated they were concerned by separating the questions the city may land up in a position where one question may pass and the other may fail. For example, voters could agree to allow marijuana sales and cultivation but vote against taxation. In a more rare occurrence, but one that has already happened in neighboring South Fork, taxation could pass but marijuana sales and cultivation may continue to be illegal.
Councilor Lorenz proposed that the city put forth the taxation question first and then return to the allowance of sales and cultivation question through a special election at a later date. He reasoned in this manner the city government would then know where they stood regarding taxation before allowing marijuana and avoiding the possibility that one question passes while the other fails. He made a motion towards this effect during the Sept. 7 meeting but did not receive a second. Councilor Schlabach asked if Lorenz would be willing to amend his motion to say that if the tax passed then a special election to allow sales and cultivation would be held shortly thereafter. Lorenz declined to amend his motion.
Lorenz also offered his interpretation of state law saying that even if voters approved the measure allowing sales and cultivation the city council would still be able to opt out. Schlabach expressed disagreement saying he believed the will of the voters should be respected.

Citizen comments
Gary Johnson, a candidate for city council, spoke during the citizens’ comment period of the meeting. Johnson stated he believed it was wrong for the city to put forth two separate questions on the same issue on the same ballot. Martinez replied that because of TABOR the questions had to be separate when on the same ballot. Mayor Garcia told Johnson that she believed he was concerned with laws put forth under TABOR but that the Monte Vista city government could not vote to take away TABOR. Lorenz took the opportunity to reiterate his idea of only proposing the tax question first and said it was an option under TABOR. Johnson said he believed Lorenz’s suggestion made the most sense. Later during the meeting, while the council was having a discussion Johnson tried to again ask the council to hold two different elections. Mayor Garcia informed him citizen comments were closed using her gavel, which is a rare move for the city council. Johnson left the meeting. Johnson has expressed dissatisfaction with the way in which the city council has approached this subject over the last few months, as evidenced by a letter submitted recently to the Monte Vista Journal.

Election
After many contentious meetings over the last several months between councilors and in which citizens have expressed their opinion the decision is ultimately and finally in the hands of the voters. A coordinated election with Rio Grande County will be held on Tuesday, Nov. 7. Registered voters should begin receiving ballots in October.