A proposed ban on recreational marijuana businesses will be addressed by El Paso County commissioners Tuesday, although one commissioner hopes to delay a vote until March.Commissioner Peggy Littleton wants to postpone the vote until Governor John Hickenlooper’s task force releases its findings, expected to be in late February. The other four commissioners aren’t likely to wait and are expected to impose a ban in unincorporated parts of the county for marijuana retail outlets, growing operations, manufacturing operations and testing facilities.“I hope the board will act now,” commissioner Amy Lathen said. “We’ve been advised not to postpone it.”Lathen said attorneys at the state and county level have said marijuana-related business owners are more likely to file lawsuits against the county if commissioners delay their vote. Amendment 64, approved by Colorado voters Nov. 6, 2012, legalized possession of an ounce of marijuana and set up a frame work for recreational pot businesses. But it allows local governments to impose business bans.Littleton encouraged residents to make their desires known to commissioners at Tuesday’s 9 a.m. meeting at Centennial Hall.“To act in haste and repent in leisure is irresponsible,” Littleton said.Lathen said the board discussed the delay “at length” last month when it had a first reading of the ban ordinance. Commissioners voted 4-1, with Littleton opposed, to move the measure to a second reading.Lathen said the first vote signalled agreement for a ban, but that the situation could change.“We’ve had a lot of people come in lobbying in the last four weeks or so,” she said. “I’m not sure if any commissioners changed their mind.”Lathen and commissioner Darryl Glenn said they’ll support the ban while commissioner Sallie Clark texted that she is “definitely leaning that way.” Commissioner Dennis Hisey did not return calls. Littleton said she’ll stick to her previous vote.“We need to do something now,” Glenn said. “If more counties do it, it’ll force the federal government to act more quickly and provide direction. They arbitrarily enforce when they want to enforce when it comes to medical marijuana. We need legislation or an executive order on this issue.”Marijuana is legal under Colorado laws, but the federal government still considers it an illicit drug.Glenn said his oath of office requires him to support the United States Constitution ahead of state laws while Lathen said she’s supporting voters in her district and unincorporated parts of the county.“Amendment 64 passed by 10 votes in the county but unincorporated parts of the county were against it,” Lathen said. “And the amendment gave us the right to opt out of certain parts. It only took six voters to change the outcome of the whole county and I believe at least six people voted for it because it provided local control.“So I don’t subscribe to this argument that we’re going against the will of the people.”—Contact Bob Stephens: 636-0276 Twitter @bobgstephensFacebook Gazette Bob Stephens

Bud tender Kelley Schaffer trims buds Friday, Jan. 4, 2013, at Southern Colorado Medical Marijuana indoor farm in Colorado Springs. (The Gazette, Christian Murdock) Photo by CHRISTIAN MURDOCK, THE GAZETTE

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