Marijuana can be delivered to Superior residents starting in January.

Town trustees on Monday unanimously voted in favor of an ordinance to allow both medical and retail marijuana to be delivered to residents.

The board was given three options for an ordinance that addressed the regulation of marijuana delivery differently.

One prohibiting all marijuana delivery services in the town, one only allowing delivery of medical marijuana and medical marijuana-infused products and the third, which trustees approved, allowing delivery of both medical and retail marijuana and related infused products. All such deliveries will be subject to the town’s sales tax.

Colorado House Bill 1234, passed last legislative session that took effect July 1, authorizes local governments to permit or prohibit the delivery of marijuana and allows for local regulations that are more stringent than state law.

Delivery permitting for medical marijuana centers begins on Jan. 2, and medical marijuana delivery permitting for medical marijuana transporters and all retail marijuana delivery permitting begins on Jan. 2, 2021, according to the bill.

Trustee Ken Lish said he believes allowing delivery will increase safety.

“If there’s someone using marijuana and we send them on the road, let’s give them that opportunity to not get into their car,” Lish said.

Town Attorney Kendra Carberry on Monday said she was not aware of how the sales tax collection will be enforced.

Trustee Kevin Ryan voiced concern over the enforcement side of allowing delivery into town.

“I really worry about the lack of policing and enforcing around this. Is this going to be the equivalent of a pizza delivery. It would be unlawful to deliver marijuana to a 14-year-old,” Ryan said. “We have no infrastructure to police this within our community.”

Carberry said because those who deliver will need a license, there may not even be anyone to deliver to residents.

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