HomeMy WebLinkAboutOrdinance 1551C ITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNC IL MEMBER STARKER
Council Bill No. 06
O rdina nce No. {5 SJ
Series 2014
TITLE : AN ORD INANCE AMENDING CHAPTERS 26 AND 11 OF THE WHEAT
RIDG E CODE OF LAWS BY THE ADDIT ION OF NEW SECTION 26-639
CONCERNING MARIJUANA AND AMEND ING PARAGRAPH 11-321(b)(8)
CONCERNING APPLICATIONS FOR PRIMARY CARE -GIVER LI CENSES
WHEREAS , Article XVIII Section 14 of the Colorado Constitution ("Amendment
20") authorizes and limits the use of medical marijuana for the treatment of debilitating
medical conditions and provides patients and primary care-givers , as those terms are
defined therein , with crimina l defenses to , or exceptions from prosecution for the
possession , production and use or medical marijuana; and
WHEREAS , under Amendment 20 , patien ts may possess up to six (6) marijuana
plants , with three or fewer being mature flowering plants that are producing a usable
form of marijuana ; and
WHEREAS , Amendment 20 also provides that a patient may possess more than
six (6) plants if necessary to address the patient's debilitating medical condition ; and
WHEREAS , under Amendment 20 a primary care-giver is permitted to possess
as many plants as necessary to address any one of his or her patient's debilitating
medical conditions ; and
WHEREAS , City Council has been made awa re that some patients have claimed
that they need nearly eighty (80) marijuana plants to address their debilitating medical
condit ions ; and
WHEREAS , under the provisions in Article XVIII Section 16 of the Colorado
Constitution ("Amendment 64"), persons ove r twenty-one years of age are authorized to
possess, grow, process , or t ransport no more than six (6) marijuana p lants with th ree or
fewer being mature , flowering plants so long as such activity t akes place in an enclosed ,
locked space , is not cond ucted open ly or publicly , and is not made ava ilable for sale;
and
WHEREAS , City Council has learned that the cultivation , processing, growing
and possession activities for patients , primary care-give rs and adults as described in
Amen dment 20 and Amendment 64 are not highly regulated under state law ; and
WHEREAS , if such activity is not otherwise regulated and limited within the City it
could a lter the character of the City 's residential neighborhoods and present safety
risks , affecting the health , safety, order, comfort , convenience and general welfare of
the residents of the City ; and
WHEREAS , City Council desires to regulate marijuana cultivation , processing
and growing activities within residential dwelling units .
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE , COLORADO:
Section 1. Chapter 26 of the Wheat Ridge Code of Laws is hereby amended by
the addition of a new section 26-639, to read in its entirety as follows :
Sec. 26-639. Marijuana
A. As used in this section, "marijuana" means all parts of the plant of the
genus cannabis , whether growing or not; the seeds thereof; the resin
extracted from any part of such plant; and every compound ,
manufacture, salt, derivative, mixture, or preparation of the plant, its
seeds or its resin , including marijuana concentrate but shall not include
industrial hemp, the fiber produced from the stalks , oil or cake made
from the seeds of the plant, sterilized seed of the plant which is
incapable of germination , or the weight of any other ing redient
combined with marijuana to prepare topical or oral administrations ,
food , drink, or other product whether for medicinal or non-medicinal
(recreational ) purposes.
B . Cultivation , drying , processing and manufacture of marijuana and
marijuana-infused products is permitted as an accessory use to any
residential dwelling ; provided , however, that the following requirements
are met:
1. Such use shall be conducted only within an enclosed locked space
within the dwelling and may not be conducted within any accessory
structure.
2 . Such use shall be incidental and secondary to the use of the
dwelling for dwelling purposes and shall not change the character
thereof.
3. Such use may only be conducted by a person who resides within
the dwelling in which the use is occurring .
4 . The total area used for said purposes shall not exceed twenty-five
percent (25%) of the gross floor area of the user's dwelling unit.
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5. The use shall not generate traffic , noise , vibration , glare, fumes ,
odors or electrical interference beyond what normally occurs in any
residential zone district.
6. There shall be no visible evidence from any property line that such
use is occu rring within the dwelling .
7 . The use of compressed , flammable gas as a solvent in the
extraction of THC or other cannabinoids is prohibited.
8. The installation or modification of any electrical , mechanical ,
plumbing or any other type of system or fixture related to the use
shall comply with all applicable provisions of the City 's building
regulations as set forth in Chapter 5 of this Code .
C. Except as provided for in Articles XII and XIII of Chapter 11 of this
code , cultivation , drying , processing , manufacture and storage of
marijuana may not occur in any non-residential structure .
Section 2. Paragraph 11-321(b)(8) of the Wheat Ridge Code of Laws is
hereby amended as follows :
Sec . 11 -321 . Application for license .
(8) A statement by the applicant acknowledging that the
prov1s1ons in chapter 26 of this code concerning MARIJUANA APPLY
home occupations applies to the activities of a primary care-giver; and
Sec ti on 3. Seve rab ility, Conflicting Ordina nces Rep eal e d. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid , the validity of the remaining sections , subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed .
Sec ti on 4. Effecti ve Date. This Ordinance shall take effect upon adoption
and signature of the Mayor, as provided by Section 5.11 of the Charter .
INTRODUCED , READ , AND ADOPTED on first reading by a vote of 6 to 1 on
this 9th day of June , 2014 , ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge , and Public Hearing and consideration on final
passage set for June 23 , 2014 , at 7:00p.m ., in the Council Chambers , 7500 West 291h
Avenue , Wheat Ridge , Colorado .
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ATTEST:
First Publication: June 12 , 2014
Second Publication : June 26, 20 14
Wheat Ridge Transcript
Effective Date: J u ne 23 , 2014
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