By Marshall Zelinger
m.zelinger@krdo.com
Follow me on Twitter at www.twitter.com/mzelinger

COLORADO SPRINGS - Marijuana is growing less than a block away from Palmer High School and there's nothing wrong with that.  A medical marijuana grower and dispensary has set up shop between Palmer High School and the Palmer Gymnasium along Platte Avenue.  According to District Attorney Dan May, the business owner, Joseph Hershberger, has up to 70 marijuana plants inside.

"They're growing plants at that location, as well as distributing plants at that location," said Colorado Springs Police Metro Vice, Narcotics and Intelligence Commander Rick Millwright.

On Monday, Colorado Springs City Council will listen to a presentation on medical marijuana issues in El Paso County.

 "Zoning issues, agricultural issues, health and safety issues, proximity to schools issues and taxation issues," said Commander Millwright.  "In Colorado Springs, we have 14 dispensaries identified, which is in essence a retail outlet for medical marijuana, and then 34 grow operations."

There are no regulations limiting who can open a medical marijuana dispensary or where they can set up shop.

"These have become fairly large-scale, retail businesses, some of which are operating in residential areas," said Commander Millwright.  "This is really an exploding opportunity for people to make money."

"I think that's one of the reasons why both the federal government and local municipalities are so interested because it's a booming, thriving business," said Sunshine Wellness Center Operations Manager William Abeyta.  "People are making some money in this business, where other businesses are closing down and shutting down due to the economy."

At Sunshine Wellness Center, clients can get massage, acupuncture or even meet with a doctor about getting prescribed medical marijuana; a new part of the business that began five weeks ago.

"I'm saying (we've seen) an average of 24 patients a week," said Abeyta.

"The spirit in which the (medical marijuana) statute is written is for the caregiver to provide care to a certain number of individuals, but we're seeing businesses now develop where some caregivers are providing services to as many as between 800-1200 patients," said Commander Millwright.

"I don't feel like it's being abused," said Abeyta.  "Some (patients) are elderly, people with glaucoma, people with vision problems.  It's near impossible for them to cultivate their own marijuana."

He then described an elderly woman who is unable to grow her own marijuana and wouldn't know how to make what she needs regardless.

"She needs to actually ingest baked goods (marijuana-laced brownies/cookies) and she has no knowledge of how to do that.  That is one of the services the dispensaries provide," said Abeyta.

The presentation at city council will include potential suggestions, like zoning around schools so that medical marijuana businesses couldn't be within a certain distance.  Other suggestions may include requiring business licenses or even installing a medical marijuana sales tax.

"I live in Rockrimmon, there are homes nearby, if somebody opens a dispensary and there is no zoning violation, I wouldn't have any heartache with that at all," said Abeyta.

"This isn't really about us trying to intervene in a legitimate patient's ability to access the prescribed amounts of medical marijuana, this is about people choosing to abuse that and essentially try to distribute marijuana beyond the scope of that statute," said Commander Millwright.

"That should have been addressed in the statute as written," said Abeyta.

Abeyta says he plans to open a medical marijuana dispensary in mid-November.  His clients are currently referred to one of two other dispensaries.  Medical marijuana patients are supposed to grow their own (6 plants, two ounces each) and/or have a caregiver grow the same amount.  Instead, many patients go to un-regulated dispensaries for their dosage.

"If you would see the security that's involved in these dispensaries, you'd understand that not just anybody can go walking in there," said Abeyta.

There is an ADT security sign outside the dispensary near Palmer High School.  At Epic Medical Caregiver near the Citadel Mall, 16 video cameras monitor the marijuana plants.

The medical marijuana presentation to city council will take place Monday at 1 p.m. at City Hall.

Click here to see the planned presentation.

Click here for information about the Colorado Medical Marijuana Registry.