Fruita, CO -- Dispensaries say they still aren't going out without a fight but if in the end they are banned from Grand Valley cities, there's still one place they can go: Fruita.
"It is an injustice to all the patients," says Shawn Kizer of Nature's Medicine.
Kizer is upset about the response to the medical marijuana industry on the Western Slope. In the next few months the fate of his business will be decided.
"We are doing everything in our power to fight the situation," says Kizer.
He says if dispensaries are banned in Grand Junction, Palisade, and unincorporated Mesa County it's denying his patients access to medicine.
"It should be accessible to right down the road from them," says Kizer.
But there's still a nearby city who's given the green light to dispensaries.
"A lot of people can't get out to Fruita," says Kizer.
The city of Fruita chose not to ban the industry but to impose an additional tax. And on top of that a long list of requirements.
"That requires a public hearing in front of a planning commission, and an additional public hearing in front of the city council," says Fruita's Town Administrator Clint Kinney.
He says they've accepted dispensary applications for the longest period of time out of all the Grand Valley cities. But they're restrictions are so strict only one pot shop tried to roll into town.
"Because of those strict regulations and because of the tax the voters approved, we've only had one application go to public hearing," says Kinney.
Kizer says his shop hasn't dismissed the idea of heading to Fruita but says it all depends on what's to come.
"We'll have to cross that bridge when we get there," says Kizer.
But Kizer has awhile to. A state wide moratorium on pot shops doesn't allow any city to accept applications until July of 2011.
The question now is, does Fruita expect to see a stack of applications if they are the only place allowing dispensaries to operate.
The city says they don't know.
"We have very strict requirements for ventilation, building facilities all those kind of things. And so no, I think to anybody that applies is going to have to understand that we're very serious about these stores. And that they have to fit a lot of standards and requirements to open," says Kinney.
We asked Kinney if they'd welcome the revenue generated by the shops but he says they don't know what that would be. Until one opens it's doors in Fruita there's no way to tell if there would a financial gain for the city.
To clarify, the city of Grand Junction says they are starting to look at the details of banning dispensaries. Voters will say yes or no to pot shops in unincorporated Mesa County.
Palisade isn't letting voters decide but their town officials still haven't made a decision.
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