El Paso County residents in November will have an opportunity to decide whether medical marijuana facilities, including dispensaries, grow operations and manufacturers of marijuana-infused products, should be banned in the unincorporated part of the county.

After a lengthy discussion and more public testimony today, the commissioners voted 4-1 to refer the question to the ballot.

“This is an issue that goes to the heart of legalized marijuana in El Paso County,” said Commissioner Amy Lathen. “I support going to the people and abiding by their will in this matter.”Commissioner Jim Bensberg cast the lone dissenting vote, saying that county commissioners should decide the issue.

“It won’t affect my life one bit if we ban marijuana,” he said. “But we ought to have the political courage to decide this issue in one way  or another.”

In an unusual twist, El Paso County Sheriff Terry Maketa on Thursday spoke in support of grandfathering in existing businesses.

Having spent most of his career tracking down drug traffickers, Maketa acknowledged that he found himself in an “odd” position by advocating for existing businesses.

“I think there needs to be fairness here. Individuals who have made investments should not be lumped with those who sell marijuana out the back door.”

Maketa was also concerned that a ban would push the marijuana businesses into neighborhoods and create greater difficulties for law enforcement.

“I hate to hear myself say this, but it could create a bigger problem and more unintended consequences.”

Commissioner Sally Clark, who has seen an explosion of medical marijuana facilities in her west side district, also supported a grandfather clause.

“If we put something on the ballot that doesn’t allow the grandfather provision, we’ll push these dispensaries into the cities.”

Clark introduced a substitute motion that would have added the grandfather clause to the ballot question, but the vote was four to 1 against her.

Commissioner Wayne Williams, who sided with Lathen on the issue, said he had done a lot of research on the question, including field visits to some law-abiding establishments and other  facilities that were  so filled with smoke that it caused his “nostrils to burn.”

Williams said operators of dispensaries and grow operations  had been warned last December when the county adopted land-use regulations that there were no guarantees that they would be allowed to remain open.

If voters approve the ban, medical marijuana facilities in the unincorporated parts of the county will have until May 31, 2011 to close shop.

Williams said that date was selected in the event that a similar ban is gets on the city ballot next April.

“We don’t want someone to have to move their business twice,” he explained.

Then-Air Force cornerback Carson Bird broke up a pass intended for Wyoming’s Michael Ford in 2007. Photo by GAZETTE FILE