Boulder board conditionally approves Dandelion’s request to collocate medical license at Pearl Street

BOULDER, Colo. — The Cannabis Licensing Advisory Board of the City of Boulder voted unanimously May 5 to approve an application by Dandelion LLC, doing business as the Dandelion, to colocate a medical marijuana wellness center at 1146 Pearl Street with an existing recreational dispensary, subject to a condition tied to a pending ordinance process.

The board’s conditional approval responds to a request by Native Roots (operator of the Dandelion and BoulderRx) to move an existing medical license from 845 Walnut Street to the Pearl Street location and combine it with the site’s recreational license. Board member Foster moved to approve the application “pending resolution” of the land-use and code issue flagged as issue number 2 in the staff’s preliminary findings; the motion was seconded by Brian and passed by roll call (Foster, Keegan, Noble, Chair Kuntzmann — all voting to approve).

The matter matters because a local code definition currently describes when a medical and recreational marijuana business may be colocated, and staff advised the board there is “no written method by which this application can be granted” under the Boulder Revised Code as currently written. City staff told the board the Colorado Marijuana Enforcement Division (MED) signaled it would not block a colocate if Boulder approved it, but the principal limiting factor is Boulder’s municipal code. City staff and the city attorney described the “pending ordinance doctrine” as a pathway: if City Council and staff begin a code-amendment process to permit this use, the board’s conditional approval can take effect while that ordinance is pending.

Representatives for the applicant said the request is a one-for-one relocation of an existing medical license, not the addition of a new dispensary. Tanya Potter, assistant general counsel for Native Roots, said the change followed an MED procedure that allows a medical license change of location; the city, she said, lacks an identical administrative pathway so the applicant submitted a colocation application to the board. “We are not adding another medical dispensary to Boulder. It would be a 1 for 1,” Potter said.

Company witnesses described operational and community commitments. Chad Ricketts, associate director of retail for Native Roots, said market trends have significantly reduced medical-patient numbers statewide and that it is no longer sustainable to operate two separate Boulder locations. “It’s not fiscally responsible for us to have 2 locations in Boulder at the same time,” he said. Erin Spies, director of compliance and regulatory affairs, told the board the Pearl Street site has a site-specific security plan and an operating plan in the application packet and that the applicant intends to operate as a dual-licensed facility in compliance with state and local rules if approved.

Board members discussed concerns about proximity to child-care facilities and the meaning of the Boulder Revised Code’s colocation definition. The staff packet includes map exhibits showing 500- and 1,000-foot buffers; members noted Off Broadway Preschool Fine Arts on Pine (between 12th and 13th streets) is near the 1,000-foot buffer around the Pearl Street address, and that Boulder High School is one block outside the 1,000-foot circle. Member Noble said she was “inclined to support this” but suggested the board could condition approval to address the school/child-care proximity issue; others said the application is best handled by resolving the underlying code language.

Board members and city staff outlined next steps. Under the board’s motion the approval is conditioned on resolution of issue number 2 in the preliminary findings memo — the code cleanup that would clarify whether recreational licensees may add a medical license by colocation. City staff said they will coordinate with the city manager’s office and the city attorney’s office; if staff begin an ordinance amendment process (the “pending ordinance doctrine”), the application can be treated as granted while that ordinance is pending. The board directed staff and the city attorney to prepare a final written decision reflecting the board’s rationale and conditions.

The application packet submitted to the board lists the applicant and ownership interests: Dandelion LLC (d/b/a the Dandelion), 1146 Pearl Street, Boulder; Brightstar LLC listed as 67% owner (Peter Balen Nob identified as owner of Brightstar LLC), with other ownership shares listed in the packet as Joshua Nathaniel Ginsberg (about 15.34%), Rhett Daniel Jordan (about 13.34%), Jonathan Board (chief executive officer, 2%), James Michael Krieger (about 1.32%), and Shannon Maria Pusinski (about 1%). The business mailing address on the application was 3150 South Sheridan Boulevard, Unit 1, Denver, Colorado 80227. The applicant also reported it is seeking to move an existing medical license from 845 Walnut Street to the Pearl location and to close the Walnut location if the Pearl colocation is approved.

Board members and staff emphasized legal limits and process: staff and the city attorney repeatedly advised the board that state regulators (MED) had not indicated an objection but that Boulder’s code controls the local licensing decision. The board’s action preserves the staff’s concerns by tying the approval to the code amendment process rather than issuing an unconditional permit.

City staff will notify the applicant of procedural next steps. The board closed the hearing and moved on to other business; the board’s next quarterly meeting is scheduled for July 7, 2025.