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The Steamboat Springs City Council's draft ordinance regulating medical marijuana dispensaries goes too far. Even more concerning is that the planned ordinance's restrictions on commercial speech are unconstitutional.

The ordinance was drafted in response to the opening of two medical marijuana dispensaries within city limits. Although both of those dispensaries opened before an ordinance was put in place, the city subsequently enacted a moratorium on any additional dispensaries until officials had time to draft and approve an ordinance regulating such businesses.

The City Council had its first crack at the draft ordinance this week, and while members correctly removed several over-reaching provisions, their work isn't done.

The most troubling provision is one that states: "Medical marijuana dispensaries shall not display signs or otherwise advertise the presence of marijuana on the premises. This restriction shall include, but shall not be limited to, the use of signage or advertising using the word 'marijuana' or depictions of any portion of the marijuana plant."

In a memo to council, staff attorney Dan Foote wrote that the signage and advertising restrictions "do not present First Amendment problems because the operation of medical marijuana dispensaries is illegal under federal law. The principal purpose of this provision would be to preserve community character."

Foote is wrong, and the council would be wise to reconsider the provision. The bottom line is that a medical marijuana dispensary's conduct has not been challenged and thus is far permissible under Colorado law. There have been a number of cases in California that have protected dispensaries there from efforts by federal authorities to shut them down. But even if a dispensary's conduct were illegal under federal law, the fact that its conduct is legal under state law means it has a First Amendment right to advertise its business. Similarly, the Colorado Constitution's protections for free speech would protect the dispensary's conduct even if the First Amendment didn't.

We are dismayed to learn the city thinks it can unevenly impose limits on constitutionally protected commercial speech.

If community character is a concern, then the council would do better to try to ban all dispensaries rather than place unfair restrictions on some of them. But if, as city officials have previously said, they have no intention of stopping the legal use and distribution of medical marijuana, then they should treat dispensaries like most other businesses, save a couple of minor exceptions.

Instead, the city is preparing to mandate security measures not required of other businesses that sell potentially harmful and addictive substances. According to another measure in the draft ordinance, dispensaries will be required to have 24-hour security surveillance cameras with audio and video capabilities. Sufficient equipment will be required for the monitoring of all entrances and exits to the business as well as associated parking lots and the interior and exterior of the facility. Fifteen days of security video and audio must be preserved for 30 days, and the resolution on the cameras must be of high enough quality for a subject's facial features to be identifiable in all lighting conditions.

As far as we're aware, the same requirements are not made of local liquor stores and pharmacies, which have been victims of theft in recent years. While we agree that security is important and should be required of dispensaries, the proposed requirements should be similar to what is asked of similar businesses.

The city also should be reminded that Colorado residents - including Routt County voters - overwhelmingly approved Amendment 20 in 2009, thereby legalizing marijuana for medicinal use by approved patients. And the administration of President Barack Obama has made clear that federal intervention in states where medical marijuana has been legalized is a low, if not nonexistent, priority.

Given these factors, it seems out of step for our city to be so zealous in its attempt to regulate medical marijuana dispensaries.