(Read the letter here.)
State Medical Marijuana Enforcement Division director Dan Hartman wrote the letter which says, in part, if voters ban dispensaries, the ban would prevent the state's medical marijuana enforcement police from doing anything about any marijuana activity.
The letter does not say that federal, state and local police would still have the right to arrest anyone breaking the ban, marijuana rules or other laws.
Some, including Colorado Attorney General John Suthers, say the letter has a slant against the ban.
"We found this to be inappropriate," Suthers told 9Wants to Know. "They shouldn't be advocates for an industry."
"The appearance of this letter is that the industry has become a little too cozy with the regulators," he said.
Suthers said that in his opinion the letter was not illegal, but he believed it was unethical.
A spokesman for the Department of Revenue said the letter was written in response to questions from the Palisade community about how a ban would affect the town.
Spokesman Mark Couch said the letter does not take a position on the proposed ban.
Couch could not comment on whether Hartman was being disciplined for writing the letter. Suthers told 9Wants to Know that Department of Revenue Director Barbara Brohl said the matter would be handled internally.
Voters in Palisade will cast ballots on the proposed law on Nov. 1.
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