SAGUACHE COUNTY— State records reveal that the medical marijuana license for Delta 17 LLC, located on County Road B, has been suspended. The grow, which has been in operation since 2017, failed to renew its license, which expired on Dec. 26, 2018.
Dawn Martinez is listed by the state as the Associate Key-Resident licensee for the property. The license for the Associated Non-Resident, Sasho Belyanov, also was suspended.
One attorney’s website explains that a summary suspension is a temporary, emergency ruling pending a full hearing on allegations made by a third party. After receiving the allegations regarding a safety or public health violation, the suspension is issued before the judge proceeds to a hearing on the matter.
A summary suspension also can result from a suspension filed in another state against a health care professional for unprofessional conduct. In a summary suspension, the defendant does not have the opportunity to be heard prior to the decision to suspend the license. A defendant can either challenge the suspension and request a stay and/or proceed to the full hearing.
The attorney cautions, however, that once a judge issues a summary suspension as a necessary emergency measure to protect the public, it is hard to overturn such a ruling. The ruling will be overturned only if the judge sees the defendant is likely to prevail on the merits in the formal hearing or will suffer irreparable economic or other injury should the suspension remain in effect. Or the judge could decide the threat to public health or safety is insufficient to justify the continued closure of the operation.
It is not known exactly on what grounds Delta 17 LLC’s license suspension was issued.
Delta LLC interconnections
Delta 2017 Inc. (not to be confused with Delta 17 LLC) is a corporation licensed with the Secretary State’s Office in Colorado and has approval to issue 1,000 shares of stock. Delta 2017 Inc. is not licensed by the Marijuana Enforcement Division, (MED) as is/was Delta 17 LLC. Belyanov was listed as the “registered agent” for both business registrations.
Belyanov’s interest in Delta 2017 Inc. was represented by Miroslav Todorov at the May 25, 2017 Saguache County Planning Commission meeting, where it was stated by Todorov: “Belyanov is requesting to construct five greenhouses and rent them out to anyone who would like to grow in them.” At the June 20, 2017 County Commissioner’s meeting, Mike Topp requested a Conditional Land Use Permit for five greenhouses so potential clients could “grow crops.”
Miroslav Todorov again appeared at the Sept.19, 2017 BoCC meeting for a Conditional Land Use Permit to add storage for water tanks, electrical boxes, etc. Todorov is connected with IKAR LLC (marijuana cultivation), MJ Growers LLC, and Tule Inc (can also issue 1,000 shares of stock). Both Belyanov and Todorov are originally from the Chicago, Ill. area and may also share other business interests.
Todorov has no licensing that ties him to either Delta 2017 Inc. or Delta 17 LLC. The only tie is that both Todorov and Belyanov are from the Chicago area. Todorov also possesses an Associated Key license for IKAR LLC, a retail marijuana cultivation in Moffat.
The term IKAR has been associated with a community effort in Los Angeles, Calif. and nationally dedicated to engaging “young, disaffected Jews” but it is not known if Todorov’s Moffat operation has any ties to this organization.
Some have questioned why Delta 2017 Inc., owned by Belyanov, originally stated to the county it was building rental/lease greenhouses to “grow crops” (with no mention of marijuana as the crop), instead of disclosing to the county its actual intent. That intent was to specifically provide greenhouses for Delta 17 LLC, a licensed retail marijuana cultivation, also owned by Belyanov.
Delta 2017 Inc. is shown to own the land that Delta 17 LLC (licensed marijuana cultivation) is operating on, per the Saguache County online parcel viewer.
During the Jan. 25, 2018, Saguache County Planning Commission meeting, Todorov represented Belyanov once again, requesting a retail marijuana cultivation application. He told the commission the greenhouses are no longer considered for use as leased greenhouses by Delta 2017 Inc. They will be used by Delta 17 LLC, which now has all of the required MED licensing for a retail marijuana cultivation.
It is not clear how or if the suspension of Delta 17 LLC will impact IKAR.