This month and for the next few months, Aurora City Council and Aurora city staff will be hammering out details of what the city’s new retail marijuana shops will be looking like for the foreseeable future.
At issue are zoning, operation and safety issues that will define the potentially lucrative businesses for the next few years. Already, council has given guidance that marijuana stores should be placed relatively evenly throughout the city, with restrictions around schools and hospitals. There’s wisdom in both restrictions.
Pot shops in the city can be open later than can Denver’s pot shops, and yet to be decided is what rate the city and its citizens will tax legal marijuana sold in its 24 stores. Right now Aurora is the first stop from the east on Interstate 70 and it’s clear that council members are looking to capitalize and sell others on the idea that pot is here — and potentially cheaper than in Denver.
Where Aurora breaks from the norm, though, is how the city is looking to license these businesses. At issue is a points system that awards preference to shops and owners that meet certain criteria above what the state mandates. Such criteria include lengthier experience in the medicinal marijuana industry, cleaner criminal and business records,and improved safety systems and air scrubbers.
The point system is a relatively new concept winding its way through city hall and other cities such as Boston, as that state recently approved marijuana for medicinal purposes. Added points are an easy way to determine eligibility among what’ll likely be dozens of business applicants looking to capitalize on Aurora’s massive population and potential for revenue.
The point system is also the wrong way forward. Determining eligibility is a vital function of government, but determining preference is not. The point system opens wide the doors for graft and unnecessary confusion when it comes to determining who can do business in Aurora. It also sets a dangerous precedent.
No doubt, the retail marijuana business is completely new to our state, city and country and the pot business is unlike any business in the country and deserves careful deliberation when legislating.
But like many other things, the marijuana business is still business — and that’s not government. Already the state has mandated a certain level of competency and criteria for entrepreneurs seeking state licenses. The city has a right to ask for compliance beyond those measures to ensure safe business within our city limits. The city should not take another step and give preference to businesses that demonstrate competency beyond what has already been asked, but not mandated. That’s simply not the role of government. If a business owner can earn three “bonus” points by having five years or more experience in medicinal marijuana, make that the standard — not the exception.
Eliminating the point system makes sense for a few reasons. First, the city deserves to have the best applicants available for its precious few retail marijuana licenses available, so it can afford to set the bar high. Second, it creates a dangerous precedent that the city can determine who’s a better applicant among equal applicants when it comes to private businesses in the city. No other industry has such a measure in place, and this industry should be no exception.
Already the city has said it would likely turn to a lottery in the case of many applicants having the same score, and that’s OK. It’s understandable that the city would want to safeguard itself against speculation and bad business owners. But the city should set the bar high — and keep it there — for the rest of its pot shop applicants.
Letting businesses compete without too much government interference is how industry works best. Marijuana should be no different.