HomeMy WebLinkAboutStudy Session Agenda 03-04-13STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
March 4, 2013
6:30p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the
City of Wheat Ridge. Call Heather Geyer, Administrative Services Director at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
PUBLIC COMMENT ON AGENDA ITEMS
APPROVAL OF AGENDA
.L Wheat Ridge 2020 Updates
a. Height and Density Charter Discussion
b. Proposal for Implementation of 381h Ave. Revitalization Plan
2. Amendment 64 Marijuana
~ Staff Report(s)
a. Open Meetings Law-Gerald Dahl, City Attorney
4 . Elected Officials' Report(s)
~I. A~
.... r-City of .. ~Wheat &_dge ~OFFICE OF THE Crrv MANAGER
TO:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor and City Council ~
Patrick Goff, City ManageJ/Y
February 27, 2013
Height and Density Charter Discussion
The Wheat Ridge 2020 Board of Directors passed a resolution in 2012 to support the full
removal of height and density restrictions from the Wheat Ridge City Charter and to
support regulation of height and density through the zoning code as is the best practice
demonstrated in neighboring communities and throughout the country. In addition the
Board gave direction to its staff to conduct education and outreach to the community in
support of the removal of height and density restrictions from the Wheat Ridge City
Charter.
The Wheat Ridge City Council also reached a consensus to ask WR2020 to prepare and
conduct an education and outreach program relative to this subject. WR2020 will be at
the March 41h Study Session to provide an update to City Council on this effort.
Attachment:
1. Wheat Ridge 2020 Resolution
RESOLUTION NO. 2012-01
Wheat Ridge 2020, Inc.
WHEREAS, Wheat Ridge 2020, Inc. ("WR2020" or the "Corporation"), is a
non-profit corporation organized and existing under the laws of the State of Colorado,
primarily for the purpose of fostering community and economic development in and for
the benefit ofthe City of Wheat Ridge (the "City"); and
WHEREAS, the height and density restrictions in the Wheat Ridge City Charter
limit our ability to attract a broad range of economically stimulating and sustainable
development in the community;
WHEREAS, Wheat Ridge is not as competitive with neighboring municipalities
who control their height and density through the zoning code rather than the City Charter,
creating an additional and significant barrier for doing business with the City of Wheat
Ridge;
WHEREAS, "Envision Wheat Ridge," the City of Wheat Ridge's
Comprehensive Plan, recommends removing height and density limitations from the City
Charter as a strategy to ensure a sustainable and balanced mix of land uses for the
commWiity and to provide increased opportunities for employment, retail development,
commercial services and new housing options;
WHEREAS, removal of height and density restrictions from the City Charter
enhances City revenue and amenity potential by allowing for new housing, shopping,
dining, and employment development opportunities in Wheat Ridge without cost or tax
increase;
WHEREAS, any future changes to height and density will give opportunity for
community involvement through the development of new zoning districts and the
approval process for zoning code map amendments that provide opportunity for public
involvement and input, including Planning Commission and City Council public
hearings.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Wheat
Ridge 2020, Inc., as follows;
1. To support the full removal of height and density restrictions from the
Wheat Ridge City Charter and to support regulation of height and density
through the zoning code as is the best practice demonstrated in
neighboring communities and throughout the country.
2. To conduct education and outreach in support of removal of height and
density restrictions from the Wheat Ridge City Charter.
Attachment 1
Resolution 2012..01 Adopted Februwy 28, 2012
Pagel of2
r·· -·------·--·-· -·.
CERTIFICATION
I, Genevieve Wooden , Secretary of the Corporation do hereby certify that
the foregoing is a true and correct copy of the Resolution No. 2012-01 of the Board of
Directors of Wheat Ridge 2020, Inc. passed at a duly convened meeting ofthe said Board
on the 28th day of February , 2012. Board members present and voting were as
follows:
Board Member
Tom Abbott
Kelly Brooks
Kim Calomino
Scott Dressel-Martin
Joseph Giordano
Janeece Hoppe
Tara Jahn
David Land-Closson
Jerry Nealon
Susan Tibbles
Denise Waddell
Genevieve Wooden
YES
YES
YES
YES
YES
YES
ABSENT
ABSENT
YES
YES
YES
YES
IN WITNESS WHEREOF, I hereunto set my hand on this 28th day of
February , 2012 . / /} __
d~~
Resolution 2012-01
Secretary
Adopted February 28, 2012
Page 2 of2
"'~ ~ # ~ ~ r-City o f • .. fP!:Wheat&_dge ~OFFICE OF THE Crrv MANAGER
TO:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor and City Council
Patrick Goff, City Manager .00
February 27, 2013
WR2020 Proposal for Implementation of 38th A venue
Revitalization Plan
On October 10,2011, the Wheat Ridge City Council adopted the 38th Avenue Corridor
Plan. The plan sets the course for implementing economic development and land use
strategies as well as street and right of way improvements. Throughout the plan it is
acknowledged that while the city controls certain aspects to be improved, many of the
changes needed happen beyond the curbs or in partnership with private property owners
and stakeholders.
Wheat Ridge 2020 participated throughout the planning process and has engaged partners
on 38th Avenue. The 38th Avenue Corridor Plan specifically calls out the need for Wheat
Ridge 2020's ongoing role in implementing the plan. Work on these action steps has
begun, milestones have been achieved and additional resources are needed to implement
the next phase of the plan.
The city has budgeted $100,000 in the 2013 Budget to contract with WR2020 for 38th
A venue Revitalization Plan implementation services. Attached is a proposal from
WR2020 for those services.
Attachment:
1. Implementation of 38th Avenue Revitalization Plan Proposal for Wheat Ridge
2020 Services
AT~ -!~
IMPLEMENTATION OF 38TH AVENUE REVITALIZATION PLAN
PROPOSAL FOR WHEAT RIDGE 2020 SERVICES
Introduction
On October 10, 2011, the Wheat Rldse City Council adopted the 38111 Avenue Corridor Plan. The plan sets
the course for lmplementin& economic development and land use stratesles as well as street and right
of way improvements. Throuahout the plan It is acknowledpd that while the city controls certain
aspects to be improved, many of the chanses needed happen beyond the curbs or In partnership with
private property owners and stakeholders.
Wheat Ridse 2020 participated throushout the plannlns process and has ensased partners on 381h
Avenue. The 38111 Avenue Corridor Plan specifically calls out the need for Wheat Ridge 2020's onsolns
role in implementins the plan. (See the Implementation Table on pages 68-78 ofthe plan.) Work on
these action steps has bqun, milestones have been achieved and additional resources are needed to
implement the next phase of the plan.
Bacqround on Wheat Ridge 2020
In 2005 the City of Wheat Ridse adopted the Neighborhood Revitalization Strategy that laid out a bold
plan for the future of Wheat Ridge. In that same effort, the City of Wheat Ridge helped create and
launch Wheat Ridge 2020 as a nonprofit partner in revitallzins Wheat Rldse. Wheat Ridge 2020 has
advanced Wheat Ridge as a vibrant and sustainable community throuah neighborhood prosrams,
community identity events, low-interest lendins, real estate development and housins and business
improvement programs.
Wheat Ridge 2020 Is soverned by a volunteer board of directors comprised of community and business
leaders. Wheat Rldse 2020 has 2.sm with extensive knowledse in community and economic
development and a record of community ensasement. In 2013 the oraanizatlon plans to add a part time
Communications and Events Coordinator to staff the srowina communication and event needs for Ridge
at 38 as well as live Local and other WR2020 prosrams.
The oraanization had focused resources on 38111 Avenue before the adoption of the 381h Avenue Corridor
Plan and will be seekins additional resources from a variety of sources to continue workins on 38111
Avenue beyond the first phase of the City's plan implementation.
Wheat Ridge 2020 manages the Building Up Business loan Proaram on 38111 Avenue and administers the
Wheat Rldse Business District srant prosrams throushout the City of Wheat Ridge.
Attachment 1
1
Project Approach
The Ridge at 38 leadership Committee has formed with about 50 Interested stakeholders participating
thus far. Wheat Ridge 2020 will help provide the staff support needed to grow and formalize this group.
The leadership Committee is working together to market and brand Ridge at 38 as well as holding
events to draw consumers and to help leverage the physical investments of the City of Wheat Ridge.
In addition, longer term planning and resources are needed to investigate which of the many special
districts and association options available will help the leadership Committee and community reach our
goals for 38*" Avenue. Existing law, conditions, potential resource options not currently available and
the desires of the property owners and stakeholders must be taken into consideration as the decision Is
made on what long-term orsanizational structure should be formed. The ultimate decision Is directed
by the leadership Committee and made by property owners, City Council and those who need to vote
per the district or organization selected.
Scope of Work
2013 Rld1e at 38 Oeliverables
Banner and U1hts procram $16,400
Coordinate design and production as well as coordinate with City installation of banners on poles along
Ridge at 38. Provide for branded banners as well as Ridge at 38 event specific banners. Support the
City's pursuit of Xcel Energy's permission for additional poles. As budget allows support replacement
and addition of lights and lighting features (e.g. solar powered lights on small trees in concrete planters).
Website and social media $18,000
Oversee website development contract, coordinate the use of plug-Ins and tools, maintain website and
social media . RldgeAt38.com has been a simple splash page. The Marketing committee has worked to
develop a plan for driving consumers to the district with content on dining and business and events.
Additionally WR2020 has applied for the use of Google tools through Google Non-profits.
MarketlnJ tampal1n materials $18,000
Coordinate design, production and purchase of marketing peripherals in implementing marketing plan.
Materials may include ads and pay per click ads, posters, branded Items and more. This Includes
coordination with businesses.
Special district feasibility study $22,000
Manage competitive bid process (approximately 4·5 weeks) with Input from Leadership Committee,
contract with consultant selected by leadership Committee, oversee contract and engage stakeholders.
Coordinate property owner interest and strategize the development of a special district.
On1oln1 Implementation Items for 2013
Continue to support the Leadership Committee $16,000
• Manage communications, prep and coordinate meetings, facilitate Information gathering
between meetings, conduct outreach along 38.., Avenue for involvement and feedback.
2
• Staff Events and Ma rketing subcommittees of the leadership Committee
• Write grants and seek non-city funding sources for supporting Ridge at 38 Implementation
• Include RA38 leadership Committee members in applicable training and workshops
Project management
Coordination with City of Wheat Ridge staff on strategy and implementation $7,600
Meeting costs, supplies, refreshments $1,000
The City has also agreed to be an event sponsor for Ridge at 38 events, which provides savings in special
insurance and opens doors for certain resources to be utilized such as Intergovernmental Agreements.
Summary
It IS so exciting to see attention on Wheat Ridge . Awards, blogs, and newspaper articles have all helped
tell the story about the momentum occurring on Ridge at 38 . And it is very exciting to have
conversations with developers and business owners looking for new locations on Ridge at 38. In 2012,
18 businesses located to Ridge at 38 . In 2013 we want to keep this momentum and see more existing
businesses continue to invest in their propertie s and businesses .
The City's partnership in events is critical. Ev ents help solicit consumers from throughout the region and
give our community's businesses an opportunity to earn new customers.
The City's investment now helps Ridge at 38 find the way to leverage the improvements made and
become sustainable into the future.
Reporting and Draws
Total 2013 Project Cost $100,000
It is the practice of Wheat Ridge 2020 to get competitive bids on any outsourced work, such as a
consultant, web development and the like. We suggest reporting to City Council with each phase and we
are happy to work with the City on any additional reporting d esired.
We propose the following draw schedule:
April15, 2013
Deliverables-Website development contract, banner estimates, leadership Committee notes and
roster, summary on staff time
Draw $34,000
July 15, 2013
Deliverables-Active website, banners up, bid process for feasibility study, leadership Committee notes
and roster, summary on staff time
Draw -$33,000
3
Oel iverables -Fea sibility study, re port on 2013 successes and act iv ities, Leadership Committee notes
and roster, summary on staff time
Draw -$33,000
4
~" 4 ~ .... ~ City of
.. ~Whe at&.__dge ~OFFICE OF THE CllY MANAGER
Memorandum
FROM:
Mayor and City Council
Patrick Goff, City Manager .Db
TO:
DATE: February 26, 2013
SUBJECT: Regulation of Marijuana Sales after Amendment 64
Introduction
On November 6, 2012, Colorado voters passed Amendment 64 regarding Use and
Regulation of Marijuana. Amendment 64 provides for persons 21-years-of-age or older to
legally consume or possess 1 ounce or less of marijuana without a doctor's
recommendation and tax marijuana similar to alcohol. Amendment 64 also creates the
framework for a regulatory scheme for retail sales of marijuana.
On January 28, 2013 , City Council adopted an ordinance amending Sections 16-131 and
16-133 of the Wheat Ridge Code of Laws so that they are consistent with state law as it
pertains to the possession of marijuana and the necessary paraphernalia to ingest or
smoke the same.
Attached is a memorandum from the City Attorney's Office summarizing the current
status oflocal and state regulation of retail marijuana. T he memorandum includes several
options for the Council to consider concerning the regulation of retail marijuana sales in
the City of Wheat Ridge.
Staff Recommendation
Staff recommends that Council enact a moratorium on retail marijuana sales to allow
time for the Colorado Department of Revenue to develop a licensing and regulatory
program.
Attachments:
I. Memorandum from Geral d Dahl, dated January 2 9 , 2013
2. Amendment 64
3. Draft Moratorium Ordinance
4. CML summary of actions on Amendment 64 taken by Colorado munici p alities
TO:
FROM:
DATE:
RE:
MURRAY
DA~L
KU£C~ILNM£ 15TILR
RILNAUO LLP
MEMORANDUM
Wheat Ridge Mayor and City Council
Gerald Dahl, City Attorney
January 29, 2013
Regulation of Marijuana Sales after Amendment 64
This memorandum summarizes the current status of local and state regulation of retail marijuana
subsequent to the passage of Amendment 64 to the Colorado Constitution. Amendment 64 was
proclaimed by the Governor as effective on December 6, 2012 .
Individual use by adults
As of December 6, 2012 persons 21 years of age or older may possess 1 ounce or less of
marijuana, and necessary paraphernalia to ingest or smoke the same. Adults may transfer that
amount of marijuana to other adults. Adults may also possess, grow, process or transport no
more than six marijuana plants, with three or fewer being mature, flowering plants. Plants must
be grown in an enclosed locked space. That growing may not take place openly or publicly, and
products may not be made available for sale. Consumption of marijuana may not take place
openly or publicly or in a manner that endangers the public. As of December 6, 2012, law
enforcement may not issue tickets for any of the above listed activities.
On January 28, 2013, City Council adopted an ordinance amending Sections 16-131 and 16-133
of the Wheat Ridge Code of Laws so that they are consistent with state law.
State regulation of retail marijuana sales
Amendment 64 requires the Colorado Department of Revenue to issue regulations for licenses
for retail marijuana stores by July 1, 2013. The Governor has appointed a task force to draft
enabling legislation for this regulatory program. It is likely that the task force will rely on the
State regulation for medical marijuana currently under revision.
Medical Marijuana
The passage of Amendment 64 does not affect the constitutional and statutory provisions
regarding medical marijuana and the licensing and zoning restrictions applied by local
governments to that activity. While it is likely that the State Department of Revenue wil1 look to
th e existing medical marijuana regulations to assist in crafting the new state retail marijuana
regulations, the two kinds of marijuana use and their regulation remain separate.
Attachment 1
Local regulation of retail marijuana sales
If the Department of Revenue does not act by July 1, then local governments, including the City
of Wheat Ridge, may choose to issue local licenses beginning on October 1, 2013. However, it is
highly unlikely that the State will not enact a licensing system. If the State does act, the role
remaining for local governments is to regulate the time, place and manner of retail marijuana
sales, as well as the number of marijuana establishment operations permitted in the locality. This
is essentially a "zoning" component, similar to that for medical marijuana. Notice this is not the
same as the two-tier system for licensing of alcohol sales, where both a State and a local license
are required. On the other hand, if the State does not act (which is considered by most to be
unlikely) then in addition to time, place, manner and maximum number of retail manJuana
establishments, local governments may enact their own licensing systems.
Federal law
As the Council is aware, the possession and sale of any quantity of marijuana is illegal under
federal law, and the passage of Amendment 64 in Colorado has not changed this. Various
legislators are considering introducing federal legislation to exempt state laws allowing
marijuana from the otherwise applicable preemptive federal criminal marijuana laws. The degree
to which the federal government chooses to enforce federal criminal marijuana laws or to
challenge Amendment 64 in court will continue to evolve.
Private marijuana clubs
Now that individual adult use of marijuana is legal under Colorado law, enterprising persons in
some cities have formed various kinds of private clubs, for the purpose of exercising those
individual rights together. This is an issue that the Council may want to address now, as the
potential for it to occur in the City currently exists.
Action I Options
The Council will be aware that some municipalities in Colorado have already enacted either a
moratorium on retail marijuana sales or a prohibition of the same. Amendment 64 does not
require this action immediately. The real deadline for City action is when the State of Colorado
begins to issue retail marijuana licenses; it is at that time that, without any local time, place,
manner and maximum number of establishment restrictions, only the State license would control
retail marijuana sales. Accordingly, the Council has the following local action options:
• No Action: State licenses for retail marijuana can be issued starting in July 2013.
Private marijuana clubs could obtain business licenses if permitted in the relevant
zoning district
• Moratorium: The Council could enact a moratorium on retail marijuana sales. That
moratorium could include a moratorium on private "marijuana clubs."
• Develop local regulations: If the Council wishes to do this, those regulations should
be developed prior to July of2013, and certainly no later than October of2013. These
regulations will concern "zoning" issues: time, place, manner and number of
establishments.
• Address private marijuana clubs: Options for Council action include:
• No action; allow private marijuana clubs wherever other private clubs are
permitted
• Prohibit such uses entirely as a zoning matter
• Amend the zoning code to allow these clubs only in specific zones
• Ticket uses under the Colorado Clean Indoor Act
• Prohibition: Amendment 64 permits local governments to prohibit retail sale of
marijuana in their jurisdictions by either (1) an ordinance so stating; or (2) by vote of
the electorate; however no such vote may be held until November 4, 2014.
Accordingly, if Council is inclined to prohibit retail marijuana sales within the City, it
may act by ordinance at any time. If Council chooses this route, it would of course be
unnecessary to enact a moratorium or develop any local regulations.
Amendment 64
Use and Regulation of Marijuana
I Ballot Title: Shall there be an amend ment to the Colorado constitution
2 concerning marijuana, and, in connection t h erewith, p roviding for the regulation
3 of marijuana; permitting a person twenty-one year s of age or older to consume or
4 possess limited amounts of marijuana; providing for the licensing of cultivation
5 facilities, product manufacturing facilities, testing faci lities, and retail stores;
6 permitting local governments to regulate o r prohibit such facilities; requiring the
7 general assembly to enact an excise tax to be le vied upon wholesale sales of
8 marijuana; requiring that the first $40 million in revenue raised annually by such
9 tax be credited to the public school capital construction assistance fund; and
I 0 requiring the general assembly to enact legislation governing the cultivation,
II processing, and sale of industrial hemp?
12 Text of Measure:
I3 Be it Enacted by the People ofthe State ofColorado:
14 Article XVIII of the constitution of the state of Colorado is amended BY THE
I5 ADDITION OF A NEW SECTION to read:
I6 Section 16. Personal use and regulation of marijuana
I7 (1) Purpose and findings.
I8 (a) IN THE INTEREST OF THE EFFICIENT U SE OF LAW ENFORCEMENT
I9 RESOURCES, ENHANCING REVENUE FOR PUBLIC PURPOS E S, AND INDIVIDUAL
20 FREEDOM, THE PEOPLE OF THE STATE OF COLORADO FIN D AND DECLARE THAT THE
2I USE OF MARIJUANA SHOULD BE LEGAL FOR PERSON S T WENTY-ONE YEARS OF AGE
22 OR OLDER AND TAXED IN A MANNER SIMILAR TO ALCOHOL.
23 (b) IN THE INTEREST OF THE HEALTH AND PUBLIC SAFETY OF OUR
24 CITIZENRY, THE PEOPLE OF THE STATE OF C OLORADO FU RTHE R FIND AND DECLARE
25 THAT MARIJUANA SHOULD BE REGULA TED IN A MANNER S IM ILAR TO ALCOHOL SO
26 THAT:
27 (I) INDIVIDUALS WILL HAVE TO SHOW PROOF O F AGE BEFORE PURCHASING
28 MARIJUANA;
Attachment 2
1 (II) SELLING, DISTRIBUTING. OR TRANSFERRING MARIJUANA TO MINORS
2 AND OTHER INDIVIDUALS UNDER THE AGE OF TWENTY-ONE SHALL REMAIN
3 ILLEGAL;
4 (III) DRIVING UNDER THE INFLUENCE OF MARIJUANA SHALL REMAIN
5 ILLEGAL;
6 (IV) LEGITIMATE, TAXPAYING BUSINESS PEOPLE, AND NOT CRIMINAL
7 ACTORS, WILL CONDUCT SALES OF MARIJUANA; AND
8 (V) MARIJUANA SOLD IN THIS STATE WILL BE LABELED AND SUBJECT TO
9 ADDITIONAL REGULATIONS TO ENSURE THAT CONSUMERS ARE INFORMED AND
10 PROTECTED.
11 (c) IN THE INTEREST OF ENACTING RATIONAL POLICIES FOR THE
12 TREATMENT OF ALL VARIATIONS OF THE CANNABIS PLANT, THE PEOPLE OF
13 COLORADO FURTHER FIND AND DECLARE THAT INDUSTRIAL HEMP SHOULD BE
14 REGULATED SEPARATELY FROM STRAINS OF CANNABIS WITH HIGHER DELTA-9
15 TETRAHYDROCANNABINOL (THC) CONCENTRATIONS.
16 (d) THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE
17 THAT IT IS NECESSARY TO ENSURE CONSISTENCY AND FAIRNESS IN THE
18 APPLICATION OF THIS SECTION THROUGHOUT THE STATE AND THAT, THEREFORE.
19 THE MATTERS ADDRESSED BY THIS SECTION ARE, EXCEPT AS SPECIFIED HEREIN,
20 MATTERS OF STATEWIDE CONCERN.
21 (2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
22 REQUIRES,
23 (a) "COLORADO MEDICAL MARIJUANA CODE" MEANS ARTICLE 43.3 OF
24 TITLE 12, COLORADO REVISED STATUTES.
25 (b) "CONSUMER" MEANS A PERSON TWENTY-ONE YEARS OF AGE OR OLDER
26 WHO PURCHASES MARIJUANA OR MARIJUANA PRODUCTS FOR PERSONAL USE BY
27 PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
28 (c) "DEPARTMENT" MEANS THE DEPARTMENT OF REVENUE OR ITS
29 SUCCESSOR AGENCY.
30 (d) "INDUSTRIAL HEMP" MEANS THE PLANT OF THE GENUS CANNABIS AND
31 ANY PART OF SUCH PLANT, WHETHER GROWING OR NOT, WITH A DELTA-9
2
1 TETRAHYDROCANNABINOL CONCENTRATION THAT DOES NOT EXCEED THREE-
2 TENTHS PERCENT ON A DRY WEIGHT BASIS.
3 (e) "LOCALITY" MEANS A COUNTY, MUNICIPALITY, OR CITY AND COUNTY.
4 (f) "MARIJUANA" OR "MARIHUANA" MEANS ALL PARTS OF THE PLANT OF
5 THE GENUS CANNABIS WHETHER GROWING OR NOT, THE SEEDS THEREOF, THE RESIN
6 EXTRACTED FROM ANY PART OF THE PLANT, AND EVERY COMPOUND,
7 MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE PLANT, ITS
8 SEEDS, OR ITS RESIN, INCLUDING MARIHUANA CONCENTRATE. "MARIJUANA" OR
9 "MARIHUANA" DOES NOT INCLUDE INDUSTRIAL HEMP, NOR DOES IT INCLUDE FIBER
10 PRODUCED FROM THE STALKS, OIL, OR CAKE MADE FROM THE SEEDS OF THE PLANT,
11 STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION, OR THE
12 WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH MARIJUANA TO PREPARE
13 TOPICAL OR ORAL ADMINISTRATIONS, FOOD, DRINK, OR OTHER PRODUCT.
14 (g) "MARIJUANA ACCESSORIES" MEANS ANY EQUIPMENT, PRODUCTS, OR
15 MATERIALS OF ANY KIND WHICH ARE USED, INTENDED FOR USE, OR DESIGNED FOR
16 USE IN PLANTING, PROPAGATING, CULTIVATING, GROWING, HARVESTING,
17 COMPOSTING, MANUFACTURING, COMPOUNDING, CONVERTING, PRODUCING,
18 PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING,
19 STORING, VAPORIZING, OR CONTAINING MARIJUANA, OR FOR INGESTING, INHALING,
20 OR OTHER WISE INTRODUCING MARIJUANA INTO THE HUMAN BODY.
21 (h) "MARIJUANA CULTIVATION FACILITY" MEANS AN ENTITY LICENSED TO
22 CULTIVATE, PREPARE, AND PACKAGE MARIJUANA AND SELL MARIJUANA TO RET AIL
23 MARIJUANA STORES, TO MARIJUANA PRODUCT MANUFACTURING FACILITIES, AND
24 TO OTHER MARIJUANA CULTIVATION FACILITIES, BUT NOT TO CONSUMERS.
25 (i) "MARIJUANA ESTABLISHMENT" MEANS A MARIJUANA CULTIVATION
26 FACILITY, A MARIJUANA TESTING FACILITY, A MARIJUANA PRODUCT
27 MANUFACTURING FACILITY, OR A RETAIL MARIJUANA STORE.
28 G) "MARIJUANA PRODUCT MANUFACTURING FACILITY" MEANS AN ENTITY
29 LICENSED TO PURCHASE MARIJUANA; MANUFACTURE, PREPARE, AND PACKAGE
30 MARIJUANA PRODUCTS; AND SELL MARIJUANA AND MARIJUANA PRODUCTS TO
31 OTHER MARIJUANA PRODUCT MANUFACTURING FACILITIES AND TO RETAIL
32 MARIJUANA STORES, BUT NOT TO CONSUMERS.
33 (k) "MARIJUANA PRODUCTS" MEANS CONCENTRATED MARIJUANA
34 PRODUCTS AND MARIJUANA PRODUCTS THAT ARE COMPRISED OF MARIJUANA AND
3
I OTHER INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, SUCH AS, BUT
2 NOT LIMITED TO, EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES.
3 (I) "MARIJUANA TESTING FACILITY" MEANS AN ENTITY LICENSED TO
4 ANALYZE AND CERTIFY THE SAFETY AND POTENCY OF MARIJUANA.
5 (m) "MEDICAL MARIJUANA CENTER" MEANS AN ENTITY LICENSED BY A
6 STATE AGENCY TO SELL MARIJUANA AND MARIJUANA PRODUCTS PURSUANT TO
7 SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE.
8 (n) "RETAIL MARIJUANA STORE" MEANS AN ENTITY LICENSED TO
9 PURCHASE MARIJUANA FROM MARIJUANA CULTIVATION FACILITIES AND
10 MARIJUANA AND MARIJUANA PRODUCTS FROM MARIJUANA PRODUCT
II MANUFACTURING FACILITIES AND TO SELL MARIJUANA AND MARIJUANA PRODUCTS
12 TO CONSUMERS.
13 (o) "UNREASONABLY IMPRACTICABLE" MEANS THAT THE MEASURES
14 NECESSARY TO COMPLY WITH THE REGULATIONS REQUIRE SUCH A HIGH
15 INVESTMENT OF RISK, MONEY, TIME,ORANYOTHER RESOURCEORASSETTHATTHE
16 OPERATION OF A MARIJUANA ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED
17 OUT IN PRACTICE BY A REASONABLY PRUDENT BUSINESSPERSON.
18 (3) Personal use of marijuana. NOTWITHSTANDING ANY OTHER PROVISION OF
19 LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE
20 UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN COLORADO OR BE
21 A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR
22 PERSONS TWENTY-ONE YEARS OF AGE OR OLDER:
23 (a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING
24 MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA.
25 (b) POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE
26 THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING
27 PLANTS, AND POSSESSION OF THE MARIJUANA PRODUCED BY THE PLANTS ON THE
28 PREMISES WHERE THE PLANTS WERE GROWN, PROVIDEDTHATTHEGROWINGTAKES
29 PLACE IN AN ENCLOSED, LOCKED SPACE, ISNOTCONDUCTEDOPENLYOR PUBLICLY,
30 AND IS NOT MADE AVAILABLE FOR SALE.
31 (c) TRANSFER OF ONE OUNCE OR LESS OF MARIJUANA WITHOUT
32 REMUNERATION TO A PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER.
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25
26
27
28
29
30
3I
32
33
34
(d) CONSUMPTION OF MARIJUANA, PROVIDED THAT NOTHING IN THIS
SECTION SHALL PERMIT CONSUMPTION THAT IS CONDUCTED OPENLY AND PUBLICLY
OR IN A MANNER THAT ENDANGERS OTHERS.
(e) ASSISTING ANOTHER PERSON WHO IS TWENTY-ONE YEARS OF AGE OR
OLDER IN ANY OF THE ACTS DESCRIBED IN PARAGRAPHS (a) THROUGH (d) OF THIS
SUBSECTION.
(4) Lawful operation of marijuana-related facilities. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL
NOT BE AN OFFENSE UNDER COLORADO LAW OR BE A BASIS FOR SEIZURE OR
FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY -ONE YEARS
OF AGE OR OLDER:
(a) MANUFACTURE, POSSESSION, OR PURCHASE OF MARIJUANA
ACCESSORIES OR THE SALE OF MARIJUANA ACCESSORIES TO A PERSON WHO IS
TWENTY-ONE YEARS OF AGE OR OLDER.
(b) POSSESSING, DISPLAYING, OR TRANSPORTING MARIJUANA OR
MARIJUANA PRODUCTS; PURCHASE OF MARIJUANA FROM A MARIJUANA
CULTIVATION FACILITY; PURCHASE OF MARIJUANA OR MARIJUANA PRODUCTS FROM
A MARIJUANA PRODUCT MANUFACTURING FACILITY; OR SALE OF MARIJUANA OR
MARIJUANA PRODUCTS TO CONSUMERS, IF THE PERSON CONDUCTING THE
ACTIVITIES DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID
LICENSE TO OPERATE A RETAIL MARIJUANA STORE OR IS ACTING IN HIS OR HER
CAPACITY AS AN OWNER, EMPLOYEE ORAGENTOF A LICENSED RETAIL MARIJUANA
STORE.
(c) CULTIVATING, HARVESTING, PROCESSING, PACKAGING, TRANSPORTING,
DISPLAYING, OR POSSESSING MARIJUANA; DELIVERY OR TRANSFER OF MARIJUANA
TO A MARIJUANA TESTING FACILITY; SELLING MARIJUANA TO A MARIJUANA
CULTIVATION FACILITY, A MARIJUANA PRODUCT MANUFACTURING FACILITY, OR
A RETAIL MARIJUANA STORE; OR THE PURCHASE OF MARIJUANA FROM A
MARIJUANA CULTIVATION FACILITY, IF THE PERSON CONDUCTING THE ACTIVITIES
DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VAlLO LICENSE TO
OPERATE A MARIJUANA CULTIVATION FACILITY OR IS ACTING IN HIS OR HER
CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA
CULTIVATION FACILITY.
(d) PACKAGING, PROCESSING, TRANSPORTING, MANUFACTURING,
35 DISPLAYING, OR POSSESSING MARIJUANA OR MARIJUANA PRODUCTS; DELIVERY OR
5
TRANSFER OF MARIJUANA OR MARIJUANA PRODUCTS TO A MARIJUANA TESTING
2 FACILITY; SELLING MARIJUANA OR MARIJUANA PRODUCTS TOA RETAIL MARIJUANA
3 STORE OR A MARIJUANA PRODUCT MANUFACTURING FACILITY; THE PURCHASE OF
4 MARIJUANA FROM A MARIJUANA CULTIVATION FACILITY; OR THE PURCHASE OF
5 MARIJUANA OR MARIJUANA PRODUCTS FROM A MARIJUANA PRODUCT
6 MANUFACTURING FACILITY, IF THE PERSON CONDUCTING THE ACTIVITIES
7 DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID LICENSE TO
8 OPERATE A MARIJUANA PRODUCT MANUFACTURING FACILITY OR IS ACTING IN HIS
9 OR HER CAPACITY ASAN OWNER, EMPLOYEE, ORAGENTOF A LICENSED MARIJUANA
IO PRODUCT MANUFACTURING FACILITY.
II (e) POSSESSING, CULTIVATING. PROCESSING, REPACKAGING, STORING.
I2 TRANSPORTING, DISPLAYING. TRANSFERRING OR DELIVERING MARIJUANA OR
I3 MARIJUANA PRODUCTS IF THE PERSON HAS OBTAINED A CURRENT. VALID LICENSE
I4 TO OPERATE A MARIJUANA TESTING FACILITY OR IS ACTING IN HIS OR HER
I5 CAPACITY AS AN OWNER. EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA
I6 TESTING FACILITY.
I7 (f) LEASING OR OTHERWISE ALLOWING THE USE OF PROPERTY OWNED,
I8 OCCUPIED OR CONTROLLED BY ANY PERSON, CORPORATION OR OTHER ENTITY FOR
I9 ANY OF THE ACTIVITES CONDUCTED LAWFULLY IN ACCORDANCE WITH
20 PARAGRAPHS (a) THROUGH (e) OF THIS SUBSECTION.
2I (5) Regulation of marijuana.
22 (a) NOT LATER THAN JULY I, 20I3, THE DEPARTMENT SHALL ADOPT
23 REGULATIONS NECESSARY FOR IMPLEMENTATION OF THIS SECTION. SUCH
24 REGULATIONS SHALL NOT PROHIBIT THE OPERATION OF MARIJUANA
25 ESTABLISHMENTS, EITHER EXPRESSLY OR THROUGH REGULATIONS THAT MAKE
26 THEIR OPERATION UNREASONABLY IMPRACTICABLE. SUCH REGULATIONS SHALL
27 INCLUDE:
28 (I) PROCEDURES FOR THE ISSUANCE, RENEWAL, SUSPENSION, AND
29 REVOCATION OF A LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT, WITH
30 SUCH PROCEDURES SUBJECT TO ALL REQUIREMENTS OF ARTICLE 4 OF TITLE 24 OF
3I THE COLORADO ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR
32 PROVISION;
33 (II) A SCHEDULE OF APPLICATION, LICENSING AND RENEWAL FEES,
34 PROVIDED, APPLICATION FEES SHALL NOT EXCEED FIVE THOUSAND DOLLARS, WITH
35 T HIS UPP E R LIMIT ADJUSTED ANNUALLY FOR INFLATION, UNLESS THE DEPARTMENT
6
1 DETERMINES A GREATER FEE IS NECESSARY TO CARRY OUT ITS RESPONSIBILITIES
2 UNDER THIS SECTION, AND PROVIDED FURTHER, AN ENTITY THAT IS LICENSED
3 UNDER THE COLORADO MEDICAL MARUUANA CODE TO CULTIVATE OR SELL
4 MARIJUANA OR TO MANUFACTURE MARIJUANA PRODUCTS AT THE TIME THIS
5 SECTION TAKES EFFECT AND THAT CHOOSES TO APPLY FOR A SEPARATE
6 MARIJUANA ESTABLISHMENT LICENSE SHALL NOT BE REQUIRED TO PAY AN
7 APPLICATION FEE GREATER THAN FIVE HUNDRED DOLLARS TO APPLY FOR A
8 LICENSE TO OPERATE A MARUUANA ESTABLISHMENT IN ACCORDANCE WITH THE
9 PROVISIONS OF THIS SECTION;
10 (Ill) QUALIFICATIONS FOR LICENSURE THAT ARE DIRECTLY AND
11 DEMONSTRABLY RELATED TO THE OPERATION OF A MARIJUANA ESTABLISHMENT;
12 (IV) SECURITY REQUIREMENTS FOR MARIJUANA ESTABLISHMENTS;
13 (V) REQUIREMENTS TO PREVENT THE SALE OR DIVERSION OF MARUUANA
14 AND MARIJUANA PRODUCTS TO PERSONS UNDER THE AGE OF TWENTY -ONE;
15 (VI) LABELING REQUIREMENTS FOR MARIJUANA AND MARUUANA
16 PRODUCTS SOLD OR DISTRIBUTED BY A MARIJUANA ESTABLISHMENT;
17 (VII) HEALTH AND SAFETY REGULATIONS AND STANDARDS FOR THE
18 MANUFACTURE OF MARIJUANA PRODUCTS AND THE CULTIVATION OF MARIJUANA;
19 (VIII) RESTRICTIONS ON THE ADVERTISING AND DISPLAY OF MARIJUANA
20 AND MARIJUANA PRODUCTS; AND
21 (IX) CIVIL PENALTIES FOR THE FAILURE TO COMPLY WITH REGULATIONS
22 MADE PURSUANT TO THIS SECTION.
23 (b) IN ORDER TO ENSURE THE MOST SECURE, RELIABLE, AND ACCOUNT ABLE
24 SYSTEM FOR THE PRODUCTION AND DISTRIBUTION OF MARIJUANA AND MARIJUANA
25 PRODUCTS IN ACCORDANCE WITH THIS SUBSECTION, IN ANY COMPETITIVE
26 APPLICATION PROCESS THE DEPARTMENT SHALL HAVE AS A PRIMARY
27 CON SID ERA TION WHETHER AN APPLICANT:
28 (I) HAS PRIOR EXPERIENCE PRODUCING OR DISTRIBUTING MARIJUANA OR
29 MARIJUANA PRODUCTS PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE
30 COLORADO MEDICAL MARIJUANA CODE IN THE LOCALITY IN WHICH THE
31 APPLICANT SEEKS TO OPERATE A MARIJUANA ESTABLISHMENT; AND
7
1 (II) HAS, DURING THE EXPERIENCE DESCRIBED IN SUBPARAGRAPH (1),
2 COMPLIED CONSISTANTLY WITH SECTION 14 OF THIS ARTICLE, THE PROVISIONS OF
3 THE COLORADO MEDICAL MARIJUANA CODE AND CONFORMING REGULATIONS.
4 (c) IN ORDER TO ENSURE THAT INDIVIDUAL PRIVACY IS PROTECTED,
5 NOTWITHSTANDING PARAGRAPH (a), THE DEPARTMENT SHALL NOT REQUIRE A
6 CONSUMER TO PROVIDE A RETAIL MARIJUANA STORE WITH PERSONAL
7 INFORMATION OTHER THAN GOVERNMENT-ISSUED IDENTIFICATION TO DETERMINE
8 THE CONSUMER 'S AGE, AND A RETAIL MARIJUANA STORE SHALL NOT BE REQUIRED
9 TO ACQUIRE AND RECORD PERSONAL INFORMATION ABOUT CONSUMERS OTHER
10 THAN INFORMATION TYPICALLY ACQUIRED IN A FINANCIAL TRANSACTION
11 CONDUCTED AT A RETAIL LIQUOR STORE.
12 (d) THE GENERAL ASSEMBLY SHALL ENACT AN EXCISE TAX TO BE LEVIED
13 UPON MARIJUANA SOLD OR OTHERWISE TRANSFERRED BY A MARIJUANA
14 CULTIVATION FACILITY TOA MARIJUANA PRODUCT MANUFACTURING FACILITY OR
15 TO A RETAIL MARIJUANA STORE AT A RATE NOT TO EXCEED FIFTEEN PERCENT
16 PRIOR TO JANUARY 1, 2017 AND AT A RATE TO BE DETERMINED BY THE GENERAL
17 ASSEMBLY THEREAFTER, AND SHALL DIRECT THE DEPARTMENT TO ESTABLISH
18 PROCEDURES FOR THE COLLECTION OF ALL TAXES LEVIED. PROVIDED, THE FIRST
19 FORTY MILLION DOLLARS IN REVENUE RAISED ANNUALLY FROM ANY SUCH EXCISE
20 TAX SHALL BE CREDITED TO THE PUBLIC SCHOOL CAPITAL CONSTRUCTION
21 ASSISTANCE FUND CREATED BY ARTICLE 43.7 OF TITLE 22 , C.R.S ., OR ANY
22 SUCCESSOR FUND DEDICATED TO A SIMILAR PURPOSE. PROVIDED FURTHER, NO
23 SUCH EXCISE TAX SHALL BE LEVIED UPON MARIJUANA INTENDED FOR SALE AT
24 MEDICAL MARIJUANA CENTERS PURSUANT TO SECTION 14 OF THIS ARTICLE AND
25 THE COLORADO MEDICAL MARIJUANA CODE.
26 (e) NOT LATER THAN OCTOBER 1. 2013 , EACH LOCALITY SHALL ENACT AN
27 ORDINANCE OR REGULATION SPECIFYING THE ENTITY WITHIN THE LOCALITY THAT
28 IS RESPONSIBLE FOR PROCESSING APPLICATIONS SUBMITTED FOR A LICENSE TO
29 OPERATE A MARIJUANA ESTABLISHMENT WITHIN THE BOUNDARIES OF THE
30 LOCALITY AND FOR THE ISSUANCE OF SUCH LICENSES SHOULD THE ISSUANCE BY
31 THE LOCALITY BECOME NECESSARY BECAUSE OF A FAILURE BY THE DEPARTMENT
32 TO ADOPT REGULATIONS PURSUANT TO PARAGRAPH (a) OR BECAUSE OF A FAILURE
33 BY THE DEPARTMENT TO PROCESS AND ISSUE LICENSES AS REQUIRED BY
34 PARAGRAPH (g).
35 (f) A LOCALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN
36 CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED
37 PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE. MANNERANDNUMBER
8
1 OF MARIJUANA ESTABLISHMENT OPERATIONS; ESTABLISHING PROCEDURES FOR THE
2 ISSUANCE, SUSPENSION, AND REVOCATION OF A LICENSE ISSUED BY THE LOCALITY
3 IN ACCORDANCE WITH PARAGRAPH (h) OR {i), SUCH PROCEDURES TO BE SUBJECT
4 TO ALL REQUIREMENTS OF ARTICLE 4 OF TITLE 24 OF THE COLORADO
5 ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION; ESTABLISHING
6 A SCHEDULE OF ANNUAL OPERATING, LICENSING, AND APPLICATION FEES FOR
7 MARIJUANA ESTABLISHMENTS, PROVIDED, THE APPLICATION FEE SHALL ONLY BE
8 DUE IF AN APPLICATION IS SUBMITTED TO A LOCALITY IN ACCORDANCE WITH
9 PARAGRAPH {i) AND A LICENSING FEE SHALL ONLY BE DUE IF A LICENSE IS ISSUED
10 BY A LOCALITY IN ACCORDANCE WITH PARAGRAPH {h) OR{i); AND ESTABLISHING
11 CIVIL PENALTIES FOR VIOLATION OF AN ORDINANCE OR REGULATION GOVERNING
12 THE TIME, PLACE, AND MANNER OF A MARIJUANA ESTABLISHMENT THAT MAY
13 OPERATE IN SUCH LOCALITY. A LOCALITY MAY PROHIBIT THE OPERATION OF
14 MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING
15 FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES
16 THROUGH THE ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR
17 REFERRED MEASURE; PROVIDED, ANY INITIATED OR REFERRED MEASURE TO
18 PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA
19 PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR
20 RETAIL MARIJUANA STORES MUST APPEAR ON A GENERAL ELECTION BALLOT
21 DURING AN EVEN NUMBERED YEAR.
22 {g) EACH APPLICATION FOR AN ANNUAL LICENSE TO OPERATE A
23 MARIJUANA ESTABLISHMENT SHALL BE SUBMITTED TO THE DEPARTMENT. THE
24 DEPARTMENT SHALL:
25 {I) BEGIN ACCEPTING AND PROCESSING APPLICATIONS ON OCTOBER 1, 2013;
26 {II) IMMEDIATELY FORWARD A COPY OF EACH APPLICATION AND HALF OF
27 THE LICENSE APPLICATION FEE TO THE LOCALITY IN WHICH THE APPLICANT DESIRES
28 TO OPERATE THE MARIJUANA ESTABLISHMENT;
29 (III) ISSUE AN ANNUAL LICENSE TO THE APPLICANT BETWEEN FORTY-FIVE
30 AND NINETY DAYS AFTER RECEIPT OF AN APPLICATION UNLESS THE DEPARTMENT
31 FINDS THE APPLICANT IS NOT IN COMPLIANCE WITH REGULATIONS ENACTED
32 PURSUANTTOPARAGRAPH{a)ORTHEDEPARTMENTISNOTIFIEDBYTHERELEVANT
33 LOCALITY THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND
34 REGULATIONS MADE PURSUANT TO PARAGRAPH (t) AND IN EFFECT AT THE TIME OF
35 APPLICATION, PROVIDED, WHERE A LOCALITY HAS ENACTED A NUMERICAL LIMIT
36 ON THE NUMBER OF MARIJUANA ESTABLISHMENTS AND A GREATER NUMBER OF
37 APPLICANTS SEEK LICENSES, THE DEPARTMENT SHALL SOLICIT AND CONSIDER
9
INPUT FROM THE LOCALITY AS TO THE LOCALITY'S PREFERENCE OR PREFERENCES
2 FOR LICENSURE; AND
3 (IV) UPON DENIAL OF AN APPLICATION, NOTIFY THE APPLICANT IN WRITING
4 OF THE SPECIFIC REASON FOR ITS DENIAL.
5 (h) IF THE DEPARTMENT DOES NOT ISSUE A LICENSE TO AN APPLICANT
6 WITH INN IN ETY DAYS OF RECEIPT OF THE APPLICATION FILED IN ACCORDANCE WITH
7 PARAGRAPH (g) AND DOES NOT NOTIFY THE APPLICANT OF THE SPECIFIC REASON
8 FOR ITS DENIAL, IN WRITING AND WITHIN SUCH TIME PERIOD, OR IF THE
9 DEPARTMENTHASADOPTEDREGULATIONSPURSUANTTOPARAGRAPH(a)ANDHAS
10 ACCEPTED APPLICATIONS PURSUANT TO PARAGRAPH (g) BUT HAS NOT ISSUED ANY
11 LICENSES BY JANUARY 1, 2014, THE APPLICANT MAY RESUBMIT ITS APPLICATION
12 DIRECTLY TO THE LOCALITY, PURSUANT TO PARAGRAPH (e), AND THE LOCALITY
13 MAY ISSUE AN ANNUAL LICENSE TO THE APPLICANT. A LOCALITY ISSUING A
14 LICENSE TO AN APPLICANT SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE
15 RESUBMITTED APPLICATION UNLESS THE LOCALITY FINDS AND NOTIFIES THE
16 APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND
17 REGULATIONS MADE PURSUANT TO PARAGRAPH (f) IN EFFECT AT THE TIME THE
18 APPLICATION IS RESUBMITTED AND THE LOCALITY SHALL NOTIFY THE DEPARTMENT
19 IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. IF AN APPLICATION
20 IS SUBMITTED TO A LOCALITY UNDER THIS PARAGRAPH, THE DEPARTMENT SHALL
21 FORWARD TO THE LOCALITY THE APPLICATION FEE PAID BY THE APPLICANT TO THE
22 DEPARTMENT UPON REQUEST BY THE LOCALITY. A LICENSE ISSUED BY A LOCALITY
23 IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE AND EFFECT
24 AS A LICENSE ISSUED BY THE DEPARTMENT IN ACCORDANCE WITH PARAGRAPH (g)
25 AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT TO REGULATION OR
26 ENFORCEMENT BY THE DEPARTMENT DURING THE TERM OF THAT LICENSE.
27 A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS PARAGRAPH ON
28 AN ANNUAL BASIS ONLY UPON RESUBMISSION TO THE LOCALITY OF A NEW
29 APPLICATION SUBMITTED TO THE DEPARTMENT PURSUANT TO PARAGRAPH (g).
30 NOTHING IN THIS PARAGRAPH SHALL LIMIT SUCH RELIEF AS MAY BE AVAILABLE TO
31 AN AGGRIEVED PARTY UNDER SECTION 24-4-104, C.R.S., OF THE COLORADO
32 ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION.
33 (i) IF THE DEPARTMENT DOES NOT ADOPT REGULATIONS REQUIRED BY
34 PARAGRAPH (a), AN APPLICANT MAY SUBMIT AN APPLICATION DIRECTLY TO A
35 LOCALITY AFTER OCTOBER 1, 2013 AND THE LOCALITY MAY ISSUE AN ANNUAL
36 LICENSE TO THE APPLICANT. A LOCALITY ISSUING A LICENSE TO AN APPLICANT
37 SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION UNLESS IT
38 FINDS AND NOTIFIES THE APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE
10
1 WITH ORDINANCES AND REGULATIONS MADE PURSUANT TO PARAGRAPH (f) IN
2 EFFECT AT THE TIME OF APPLICATION AND SHALL NOTIFY THE DEPARTMENT IF AN
3 ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. A LICENSE ISSUED BY A
4 LOCALITY IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE
5 AND EFFECT AS A LICENSE ISSUED BY THE DEPARTMENT IN ACCORDANCE WITH
6 PARAGRAPH (g) AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT TO
7 REGULATION OR ENFORCEMENT BY THE DEPARTMENT DURING THE TERM OF THAT
8 LICENSE. A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS
9 PARAGRAPH ON AN ANNUAL BASIS IF THE DEPARTMENT HAS NOT ADOPTED
10 REGULATIONS REQUIRED BY PARAGRAPH (a) AT LEAST NINETY DAYS PRIOR TO THE
11 DATE UPON WHICH SUCH SUBSEQUENT OR RENEWED LICENSE WOULD BE EFFECTIVE
12 OR IF THE DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH
13 (a) BUT HAS NOT, AT LEAST NINETY DAYS AFTER THE ADOPTION OF SUCH
14 REGULATIONS, ISSUED LICENSES PURSUANT TO PARAGRAPH (g).
15 0) NOT LATER THAN JULY 1, 2014, THE GENERAL ASSEMBLY SHALL ENACT
16 LEGISLATION GOVERNING THE CULTIVATION, PROCESSING AND SALE OF
17 INDUSTRIAL HEMP.
18 (6) Employers, driving, minors and control of property.
19 (a) NOTHING IN THIS SECTION IS INTENDED TO REQUIRE AN EMPLOYER TO
20 PERMIT OR ACCOMMODATE THE USE, CONSUMPTION, POSSESSION, TRANSFER,
21 DISPLAY, TRANSPORTATION, SALE OR GROWING OF MARIJUANA IN THE WORKPLACE
22 OR TO AFFECT THE ABILITY OF EMPLOYERS TO HAVE POLICIES RESTRICTING THE
23 USE OF MARIJUANA BY EMPLOYEES.
24 (b) NOTHING IN THIS SECTION IS INTENDED TO ALLOW DRIVING UNDER THE
25 INFLUENCE OF MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA OR TO
26 SUPERSEDE STATUTORY LAWS RELATED TO DRIVING UNDER THE INFLUENCE OF
27 MARIJUANA OR DRIVING WHILE IMPAIRED BY MARUUANA, NOR SHALL THIS SECTION
28 PREVENT THE STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING
29 UNDER THE INFLUENCE OF OR WHILE IMPAIRED BY MARIJUANA.
30 (c) NOTHING IN THIS SECTION IS INTENDED TO PERMIT THE TRANSFER OF
31 MARIJUANA, WITH OR WITHOUT REMUNERATION, TO A PERSON UNDER THE AGE OF
32 TWENTY-ONE OR TO ALLOW A PERSON UNDER THE AGE OF TWENTY-ONE TO
33 PURCHASE, POSSESS, USE, TRANSPORT, GROW, OR CONSUME MARIJUANA.
34 (d) NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, EMPLOYER,
35 SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION OR ANY OTHER ENTITY
11
1 WHO OCCUPIES, OWNS OR CONTROLS A PROPERTY FROM PROHIBITING OR
2 OTHERWISE REGULATING THE POSSESSION, CONSUMPTION, USE, DISPLAY,
3 TRANSFER, DISTRIBUTION, SALE, TRANSPORTATION, OR GROWING OF MARIJUANA
4 ON OR IN THAT PROPERTY.
5 {7) Medical marijuana provisions unaffected. NOTHING IN THIS SECTION SHALL
6 BE CONSTRUED:
7 (a) TO LIMIT ANY PRIVILEGES OR RIGHTS OF A MEDICAL MARIJUANA
8 PATIENT. PRIMARY CAREGIVER, OR LICENSED ENTITY AS PROVIDED IN SECTION 14
9 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE;
10 (b) TO PERMIT A MEDICAL MARIJUANA CENTER TO DISTRIBUTE MARIJUANA
11 TO A PERSON WHO IS NOT A MEDICAL MARIJUANA PATIENT;
12 (c) TO PERMIT A MEDICAL MARIJUANA CENTER TO PURCHASE MARIJUANA
13 OR MARIJUANA PRODUCTS IN A MANNER OR FROM A SOURCE NOT AUTHORIZED
14 UNDER THE COLORADO MEDICAL MARIJUANA CODE;
15 (d) TO PERMIT ANY MEDICAL MARIJUANA CENTER LICENSED PURSUANT TO
16 SECTION 140FTHISARTICLE ANDTHECOLORADOMEDICALMARIJUANACODE TO
17 OPERATE ON THE SAME PREMISES AS A RETAIL MARIJUANA STORE; OR
18 (e) TO DISCHARGE THE DEPARTMENT, THE COLORADO BOARD OF HEALTH,
19 OR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FROM
20 THEIR STATUTORY AND CONSTITUTIONAL DUTIES TO REGULATE MEDICAL
21 MARIJUANA PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO
22 MEDICAL MARIJUANA CODE.
23 (8) Self-executing, severability, conflicting provisions. ALL PROVISIONS OF
24 THIS SECTION ARE SELF-EXECUTING EXCEPT AS SPECIFIED HEREIN, ARE SEVERABLE,
25 AND, EXCEPT WHERE OTHERWISE INDICATED IN THE TEXT, SHALL SUPERSEDE
26 CONFLICTING STATE STATUTORY, LOCAL CHARTER, ORDINANCE, OR RESOLUTION,
27 AND OTHER STATE AND LOCAL PROVISIONS.
28 {9) Effective date. UNLESS OTHERWISE PROVIDED BY THIS SECTION, ALL
29 PROVISIONS OF THIS SECTION SHALL BECOME EFFECTIVE UPON OFFICIAL
30 DECLARATION OF THE VOTE HEREON BY PROCLAMATION OF THE GOVERNOR,
31 PURSUANT TO SECTION 1 ( 4) OF ARTICLE V.
12
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. __ _
Ordinance No. ----Series 2013
TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS FOR A PERMIT OR LICENSE FOR ANY RETAIL
MARIJUANA ESTABLISHMENT OR MARIJUANA CLUB AND DECLARING
AN EMERGENCY
WHEREAS, the City of Wheat Ridge is a home rule municipality operating under
a charter adopted pursuant to Article XX of the Colorado Constitution and vested with
the authority by that article and the Colorado Revised Statutes to adopt ordinances for
the regulation of land use and the protection of the public health, safety and welfare;
and
WHEREAS, on November 6, 2012, the voters of the State of Colorado approved
Amendment 64 to the Colorado Constitution ("Amendment 64") regarding the personal
use and regulation of marijuana; and
WHEREAS, Amendment 64 permits persons twenty-one years of age or older to
possess, use, display, purchase and distribute without remuneration one ounce or less
of marijuana, and to grow, process and transport marijuana plants; and
WHEREAS, Amendment 64 also contemplates the retail sale of marijuana ("retail
marijuana establishments"), and establishes a time schedule under which such
establishments may be established and regulated by the state and/or local WHEREAS,
the Colorado General Assembly will likely adopt statutes to implement the provisions in
Amendment 64 and address related matters during the 2013 legislative session; and
governments; and
WHEREAS, state regulation of retail marijuana establishments is also dependent
upon the Colorado Department of Revenue adopting regulations for such
establishments prior to July 1, 2013; and
WHEREAS, if the Colorado Department of Revenue fails to adopt regulations by
July 1, 2013 or fails to begin accepting applications for retail marijuana establishments
by October 1, 2013, local governments may establish their own regulations for the
same, including restrictions on the time, place, manner and number of such
establishments; and
WHEREAS, Amendment 64 permits local governments to prohibit retail
marijuana establishments at any time by ordinance, or by election on and after
November 4, 2014; and
Attachment 3
WHEREAS, relying on the authority in Amendment 64 for individual adult
consumption of one ounce or less of marijuana. establishments ("marijuana clubs")
have been created in other municipalities for the purpose of allowing members or
guests to consume marijuana or marijuana products on site; and
WHEREAS, the City Council has been made aware that staff has received
inquiries from persons that are interested in opening and operating such clubs in the
City; and
WHEREAS, if retail marijuana establishments or marijuana clubs were allowed to
be established and operate in the City without appropriate regulation, they may be
located in areas or under conditions that would conflict with the City's land use code,
and may be inconsistent with surrounding uses or otherwise be detrimental to the public
health, safety and welfare; and
WHEREAS, the imposition of a moratorium to and through November 1, 2013,
on the submission, acceptance, processing, and approval of all applications for City
permits and licenses concerning the operation of retail marijuana establishments or
marijuana clubs is reasonable and will allow the City to develop appropriate policies
and, if needed. regulations concerning the same.
THE COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ORDAINS:
Section 1. Findings . The foregoing findings are incorporated herein by
reference.
Section 2. Temporary Moratorium. A moratorium is hereby imposed on the
submission, acceptance, processing, and approval of any application for a City permit or
license to operate a retail marijuana establishment or marijuana club under any basis,
including Article XVIII Section 16 of the Colorado Constitution or any provision of the
Wheat Ridge City Code of Laws. The City staff is directed to refuse to accept for filing ,
and not to process or review any application for such establishments or clubs during the
moratorium period.
Section 3. Duration. The moratorium imposed by this ordinance shall
commence as of the date of adoption of this ordinance, and shall expire
on , 2013, unless sooner repealed.
Section 4. Staff to Investigate and Prepare Proposed Regulations. Before
the expiration of the moratorium imposed by this ordinance, City staff shall investigate.
review and analyze potential new City regulations for retail marijuana establishments,
marijuana clubs, and/or the prohibition thereof. Such investigation, review and analysis
shall be submitted to the City Council for consideration. The City Council declares that
it will give due and timely consideration to those recommendations.
Emergency Declared; Effective Date. Pursuant to Section 5.13 of the Wheat
Ridge Home Rule Charter, the City Council hereby finds, determines and declares that
an emergency exists and that this ordinance is necessary for the immediate
2
preservation of public property, health, welfare, peace or safety for the following
reasons: to prevent the establishment of retail marijuana establishments or marijuana
clubs before the City has had a reasonable opportunity to review and analyze potential
new City regulations for the same . Failure to immediately impose this moratorium may
allow for the establishment of such establishments or clubs in a manner that would be
inconsistent with the City's zoning code , and which would negatively impact the City and
the health, safety and welfare of its citizens. This ordinance shall be effective
immediately upon its adoption.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _
on this __ day of , 2013, ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge AND DECLARED EFFECTIVE UPON
PASSAGE PURSUANT TO Charter Section 5 .13.
SIGNED by the Mayor on this __ day of _____ , 2013.
ATTEST:
Janelle Shaver, City Clerk
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio, Mayor
Approved as to Form
Gerald E. Dahl, City Attorney
3
Appendix B: Municipal Actions & Elections
Table 6· Recreational Marijuana Prohibition Regulation and Taxation · 2012-February 2013
Municipality Type of Issue 2012 2013
Aurora !Ordinance to comply with Amendment 64 age, grow, and possession ~DOPTED-provisions.
Blanca roh1blt1on of marijuana cu1t1vat1on. product manufactunng, testing
facilities. and retail marijuana stores . ADOPTED"
Carbondale Moratonum on the establishment of any new medical or retail manjuan
facility to 12111/2013 ADOPTED
Cherry Hills Village Prohibition of marijuana cultivation, product manufacturing, testing
ADOPTED" facilities, and retail marijuana stores.
Craig Urdmance to comply wnn Amendment ti4 age prov1s1on ADOPTED-
Moratorium on the use or consumption of marijuana or marijuana
products on commerical and industrial zoned property that operates as ADOPTED
a place of private assembly for the purpose of inviting persons to use o
consume marijuana products on site (pot clubs) to 03/23/2013.
Del Norte Prohibiting the operation of all Marijuana Cultivation Facilities.
Marijuana Manufacturing Facilities, Marijuana Testing Facilities or
ADOPTED" Retail Marijuana Store, and Private Membership Marijuana Clubs and
Hash Bars.
Englewood !Moratonum on the establishment of any new business which sells.
ADOPTED manufactures or cultivates marijuana to 07/31/2013
Foxfield rohib1bon of marijuana cultivation. product manufacturing, testing
facilities . and retail marijuana stores. ADOPTED"
Fruita Moratonum on pnvate manJuana ClUbs to UJ/1 t:il£0 1 ~ ADOPTED
Greenwood Village
Prohibition of any marijuana cultivation facility, marijuana product
ADOPTED" manufacturing facility, marijuana testing facility . or retail marijuana stor
or marijuana club within the City; indoor cuHivation regulations .
Gunnison Ordinance to comply w1th Amendment 64 age. grow, and possess1on
provisions. ADOPTED-
Johnstown Prohibition of manJuana cuHiva!lon . product manufactunng, test1ng
facilities. and retail marijuana stores . ADOPTED"
Appendix B: Municipal Actions & Elections
Table 6 : Recreational Marijuana Prohibition, Regulation and Taxation· 20 12-February 2011
Municipality Type of Issue 2012 2013
Lafayette MORATORIUM ON THE SUBMISSION, ACCEPTANCE OR
PROCESSING OF APPLICATIONS AND THE LICENSING,
PERMITTING, ESTABLISHMENT OR OPERATION OF ANY ADOPTED
RECREATIONAL MARIJUANA BUSINESS to 10/01/2013
Montrose IMoratonum on rev1ew of applications for retail dispensanes of
recreational marijuana to 05/03/2013 ADOPTED
Monument
Prohibition of marijuana cultivation , product manufacturing , testing
facilities , and retail marijuana stores; unlawful to grow marijuana fo r ADOPTED' personal use anywhere in the Town other than an enclosed, locked
space which is not open or public; unlawfu l to make marijuana grown
for recreational use available for sale in any manner
Ordinance to comply with Amendment 64 age and possession
provisions . ADOPTED-
Prohibit the use of marijuana in private clubs , lodges, and simi lar
facilities ADOPTED'
Norwood Moratonum on tne operahon ot manJuana establishments pursuant to
Amendment 64 to 10/01/2013 ADOPTED
Palisade ProhibitiOn on pnvate manJuana clubs ADOPTED'
Parker Prohibition of marijuana cultivation , product manufacturing , testing
facilities , and retail marijuana stores. ADOPTED•
Steamboat Springs
Moratorium on any business that permits or invites private assembly to
ADOPTED the purpose of the use or consumption in any manner of marijuana or
marijuana products in any form to 05 /05/2013
Thornton !Prohibition of manjuana cult1vat1on , product manufactunng, teshng
ADOPTED' facilities, and retail marijuana stores .
Vail Moratorium on the operation ot marijuana establishments pursuant to
Amendment 64 to 08/06/2013 ADOPTED
Westminster Prohibition on retail sale, distribution, cultivation and dispensing of
recreational marijuana through marijuana establishments and optional ADOPTED'
premises cultivation operations .
Appendix B: Municipal Actions & Elections
Table 6 · Recreational Marijuana Prohibition. Regulation and Taxation: 20 12-February 2013
Municipality Type of Issue 2012 2013
Ordinance to comply with Amendment 64 age, grow. and possession
provisions . ADOPTED-
Woodland Park IMoratonum on the operation of marijuana establishments pursuant to
Amendment 64 to 07/01/2013 ADOPTED
TOTALS Local Opt-Out Ballot Questions Results: Prohibit: 0 0
Allow: Q Q.
Totals 0 0
Council Action to Prohibi 1 11
Council Action to Regulate 0 0
Council Action to comply with Amendment 64: f ;!.
Totals 3 14
Moratoria 5 5
CUMULATIVE ELECTION TOTALS CUMULATIVE COUNCIL ACTI ON TOTALS: (Retail)
Prohibit 0 Prohibit 12
Regulate 0 Regulate 0
#OIV/01 TOTAL 12 ( 100% prohibition rat e)
... ' Prohrbrtion of manJuana establrshments/pnvate clubs pursuant to Amendment 64 adopted by councrl action
+ Regulation of marijuana establishments/private clubs pursuant to Amendment 64 adopted by council action
-Amend the municipal code to comply wrth Amendment 64 by council action