10. Medical Marijuana
MEDICAL AND RECREATIONAL MARIJUANA
5-10-3: USES PROHIBITED
5-10-4: PROHIBITED LAND USES NOT AFFECTED
5-10-6: PERSONAL RECREATIONAL USE
5-10-7: PENALTY; NUISANCE DECLARED
5-10-1: DEFINITIONS: (3534) The following words, terms and phrases, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise:
“Consumer” means a person twenty one (21) years of age or older who purchases marijuana or marijuana products for personal use by persons twenty one (21) years of age or older, but not for resale to others.
“Marijuana” means all parts of the plant Cannabis Sativa L., as further defined in Title VI, Chapter 12, of this Code.
“Marijuana Cultivation Facility” means an entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
“Marijuana Establishment” means a marijuana cultivation facility, marijuana testing facility, marijuana product manufacturing facility, or retail marijuana store.
“Marijuana Product Manufacturing Facility” means an entity licensed to purchase marijuana; manufacture, prepare and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
“Marijuana Products” means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
“Marijuana Testing Facility” means an entity licensed to analyze and certify the safety and potency of marijuana.
“Medical Marijuana” means marijuana that is grown and sold for a purpose authorized by Article XVIII, Section 14, of the Colorado Constitution.
“Medical Marijuana Center,” “Medical Marijuana-infused Products Manufacturer,” and “Optional Premises Cultivation Operation” shall have the same meanings as set forth in the Colorado Medical Marijuana Code, Article 43.3, C.R.S., as the same may, from time to time, be amended.
“Patient” and “Primary Caregiver” shall have the same meanings as set forth in Article XVIII, Section 14(1) of the Colorado Constitution.
“Person” means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof.
“Retail Marijuana Store” means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.
5-10-2: FINDINGS: The City Council makes the following findings:
(A) The Colorado Medical Marijuana Code, Section 12-43-3-101, et seq., C.R.S., clarifies Colorado law regarding the scope and extent of Article XVIII, Section 14 of the Colorado Constitution.
(B) Article XVIII, Section 16, of the Colorado Constitution addresses personal recreational use of marijuana and allows municipalities to prohibit the operation of marijuana establishments through the enactment of an ordinance.
(C) As a matter of the City’s local land use and zoning authority as a home rule municipality pursuant to Article XX, Section 6 of the Colorado Constitution, and consistent with the authorization provided by Article XVIII, Section 16 of the Colorado Constitution and the Colorado Medical Marijuana Code, Section 12-43.3-101, et seq., C.R.S. and after evaluating, inter alia, the measures' conflict with federal law and the potential secondary impacts associated with the retail sale, distribution, cultivation and dispensing of medical and recreational marijuana through marijuana establishments, medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers' licenses, the City finds and determines that such land uses have an unacceptable adverse effect on the health, safety and welfare of the City and the inhabitants thereof.
(D) This ordinance is necessary to protect and is enacted in furtherance of the public health, safety and welfare of the City.
(E) This Chapter is intended to apply and shall apply to all property, businesses, and business enterprises operating within the City, whether stationary, mobile, or virtual.
5-10-3: USES PROHIBITED: It is unlawful for any person to operate, cause to be operated or permit to be operated a medical marijuana center, an optional premises cultivation operation, a medical marijuana-infused products manufacturing facility, or a marijuana establishment in the City.
5-10-4: PROHIBITED LAND USES NOT AFFECTED: This ordinance is not intended to repeal, modify or negate any provision of Section 11-1-3(6), W.M.C., regarding prohibited land uses.
5-10-5: SEVERABILITY: If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall, for any reason, be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.
5-10-6: PERSONAL RECREATIONAL USE: Nothing in this Chapter shall be construed to prohibit, regulate or otherwise impair the personal recreational use of marijuana by persons twenty-one (21) years of age or older, as defined by Article XVIII, Section 16, of the Colorado Constitution, provided that such personal use does not involve the sale of marijuana or the operation of a marijuana establishment within the City.
5-10-7: PENALTY; NUISANCE DECLARED:
(A) It is unlawful for any person to violate any of the provisions of this Chapter. Any such violation is hereby designated a criminal offense, and any person found guilty of violating any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine or imprisonment or both pursuant to Section 1-8-1, W.M.C. Each day that a violation of any of the provisions of this Chapter continues to exist shall be deemed a separate and distinct violation.
(B) The conduct of any activity or business in violation of this Chapter is hereby declared to be a public nuisance, which may be abated pursuant to the provisions for the abatement of nuisance provided for in Chapter 4 of Title VIII of this Code.