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HomeMy WebLinkAboutZOA-16-01C , -�l ;\ CITIZENS' RIGHT TO SPEAK me Benny Gonzales (WR) expressed concerns about tall houses being built in his neighborhood — 35 % feet tall, 10 feet from the neighbors and 5 feet from the ally and street. He cited 3100 Fenton as an example. These huge houses invade the privacy of smaller neighbors. They don't fit in and he doesn't think this helps preserve our quaint, cute neighborhoods. They're being built by investors -- who will not live here and don't care about our neighborhoods. He suggested 25 feet and 2 stories as a limit. He stated that people don't want Wheat Ridge to become like north Denver. These tall houses built so close take away the sun for gardens and any view the neighbors may have. Al Lazalde (WR) echoed what Mr. Gonzales said. He lives across from 2921 Chase Street. At a town hall meeting 2 %: years ago at the Sons of Italy neighbors were reassured that scraping would not happen Wheat Ridge. What has changed? Now construction is going on and we just learned this is legal from lam —11pm. This is disturbing. If people need three stories they should build a basement and two stories. 2 % years ago the police assured them that scraping would not happen. He has lost his trust in the City Council and the government of Wheat Ridge. APPROVAL OF AGENDA City Attorney Dahl asked that Agenda Item 1 be considered after Agenda Item 2 — to allow time for the arrival of the Item 1 applicant's attorney. There was no objection. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 10-2016 — amending Sections 11-218, 11-293, 11-401, 11-404, 11-415, 26-204 r and 26-640 of the Wheat Ridge Code of Laws to adopt regulations governing Medical Marijuana Testing Facilities The legislature passed a bill requiring testing of medical marijuana starting July 1, 2016. The City is now authorized to license medical marijuana testing facilities, but our code only addresses retail marijuana testing facilities — not medical. This council bill will define and authorize the licensing of medical marijuana testing facilities and the licensing of co -located medical and retail testing facilities. Councilmember Fitzgerald introduced Council Bill 10-2016. Clerk Shaver assigned Ordinance 1598. Mayor Jay opened the Public Hearing. Councilmember Fitzgerald read a summary of the action sought. Staff presentation Mr. Dahl expanded on what the bill accomplishes. The medical testing facilities will be allowed in C-1 and I -E zones. There is no limit on the number of testing facilities, as they don't raise the same kinds of issues as retail outlets. This ordinance will allow the City to grant local licenses for medical marijuana testing facilities. We currently have one licensed retail testing facility. The two types of testing facilities can be co -located Mr. Goff noted that words have been added to address Councilmember Urban's concern that the issuance of the license by the City should not be interpreted as an endorsement by the City of the validity of the testing. Public comment Peter Perrone (business address 12295 W. 48th Ave. Unit C, WR) has a testing facility. He explained to Council that they do no grow or sell marijuana products. They only test. They have 16 employees who are all college educated. There were no questions from the City Council. Mayor Jay closed the Public Hearing. Motion by Councilmember Fitzgerald to approve Council Bill 10-2016, an ordinance amending Sections 11-218, 11-293, 11-401, 11-404, 11-415, 26-204 and 26-640 of the Wheat Ridge Code of Laws to adopt regulations governing Medical Marijuana Testing Facilities on second reading and that it take effect fifteen (15) days after final publication.; and further ^ to set the fee for Medical Marijuana Testing Licenses at $600; seconded by Councilmember Hoppe; carried 6-0. 1. Council Bill 08-2016 — approving a zone change from Planned Commercial Development to Planned Industrial Development and a request for approval of an Outline Development Plan for property located at 12700 W. 44th Ave. (Case No. WZ-15-10/Stor-All Storage) Councilmember Wooden introduced Council Bill 08-2016. Mr. Goff reported that the applicant has asked for a continuance until August. The applicant's attorney is present. Mr. Dahl advised. This hearing was originally scheduled some weeks ago but was continued until this evening. The public hearing is now open again for the purpose of determining if it will be continued again, or not. In his opinion he believes it is appropriate for Council to hear from the applicant's attorney on the subject of further continuance. If the hearing is continued he recommends that testimony and questions about the case, from the public and the applicant, be taken at a later date. He believes the applicant's attorney does have a right to speak about the continuance as was related in their letter of June 22. Mayor Jay opened the continued Public Hearing and swore in Carolyn White, attorney for the applicant. Carolyn White (41017`h Street, Denver) spoke. She testified that at the previous meeting when they learned of the legal protest (which would require a supermajority of Council for approval), they requested a continuance to June 27. Upon receipt of confirmation that Mr. Pond would be absent June 27 (tonight) they submitted a request for further continuance. The date they've chose is far out in August. She reported that the applicant has closed on the property and now owns it, so there is no rush. Mr. Goff noted that the continuance is scheduled for August 22. Motion by Councilmember Wooden to approve the continuance of the public hearing in Case No. WZ-15-10 and the resolution in Case No. wZ-15-11 to August 22, 2016; seconded by Councilmember Mathews; carried 6-0. ORDINANCES ON FIRST READING 3. Council Bill 11-2016 —zone change from Commercial -One (C-1) to Industrial Employment (I -E) for property located at 4949 Marshall Street (Case No. WZ-16-04 Sit Means Sit Denver Dog Training) This rezoning is requested to allow the facility to be used as a dog training and dog boarding facility. The process for a required special use permit (SUP) will follow. Councilmember Urban introduced Council Bill 11-2016. �� � a." Ar CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 27, 2016 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Carly Lorentz, Assistant to the City Manager, at 303-235-2867 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES of June 13 2016 and Study Notes of June 6 and June 13 2016 PROCLAMATIONS AND CEREMONIES CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 08-2016 — approving a zone change from Planned Commercial Development to Planned Industrial Development and a request for approval of an Outline Development Plan for property located at 12700 W. 44" Ave. (Case No. WZ-15- 10/Stor-AII Storage) 2. Council Bill 10-2016 — amending Sections 11-218, 11-293, 11-401, 11-404, 11-415, 26- 204 and 26-640 of the Wheat Ridge Code of Laws to adopt regulations governing Medical Marijuana Testing Facilities CITY COUNCIL AGENDA: June 27, 2016 Page -2- ORDINANCES ON FIRST READING 3. Council Bill 11-2016 — zone change from Commercial -One (C-1) to Industrial Employment (I -E) for property located at 4949 Marshall Street (Case No. WZ-16-04 Sit Means Sit Denver Dog Training) DECISIONS RESOLUTIONS AND MOTIONS 4. Resolution 24-2016 — Approving a specific Development Plan for property located at 12700 W. 44'^ Ave. (Case WA -1 5-11 /Stor-All Storage) 5. Motion to approve payment to Motus Technology Solutions of Highlands Ranch, CO in the amount of $202,281 for the Cisco Nextgen Firewall Replacement 6. Motion to approve appointment of representatives for each Council District to the Outside Agency Program Review Committee CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURN to STUDY SESSION City Council Minutes June 13, 2016 Page 5 Councilmember Duran had the Treasurer repeat who was in the hearing. Mr. DiTullio added that the hearing is a last resort before going to court - if the business owner disagrees. The City staff does the audit and comes up with the amount; the Treasurer is actually an unbiased third part, with consultation from the City Attorney's office. He advised that this ordinance actually cleans up the code and provides a ceiling to protect the business owner and a floor so it can't all be waived. There was no public comment. Mayor Jay closed the Public Hearing. Motion by Councilmember Duran to approve Council Bill 09-2016, an ordinance amending the Wheat Ridge Code of Laws pertaining to interest of delinquent taxes, exemption of fundraising sales, and licensing requirements for events, as amended, on second reading and that it take effect fifteen (15) days after final publication; seconded by Councilmember Hoppe; carried 7-0. ` ORDINANCES ON FIRST READING V 3. Council Bill 10-2016 — amending Sections 11-218, 11-293, 11-404, 11-415, 26-204 and 26-640 of the Wheat Ridge Code of Laws to adopt Regulations Governing Medical Marijuana Testing Facilities The proposed bill defines and authorizes the licensing of medical marijuana testing facilities and the licensing of co -located medical and retail marijuana testing facilities in the City of Wheat Ridge. Councilmember Pond introduced Council Bill 10-2016 and proceeded to the motion. Motion by Councilmember Pond to approve Council Bill 10-2016, an ordinance amending Sections 11-218, 11-293, 11-404, 11-415, 26-204 and 26-640 of the Wheat Ridge Code of Laws to adopt Regulations Governing Medical Marijuana Testing Facilities on first reading, order it published, public hearing set for Monday, June 27, 2016 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Duran; carried 7-0. DECISIONS, RESOLUTIONS AND MOTIONS 4. Motion to approve a contribution to the Wheat Ridge Business District in the amount of $45,000 for the Matching Grant Program The matching grants are available to businesses for fagade and sign improvements, accessibility improvements, exterior paint and landscaping improvements. City Council Minutes June 13, 2016 Page 6 Councilmember Urban introduced Item No. 4. Britta Fisher from Local Works, who manages the program, was available for questions, but there were none. Councilmember Davis praised the program and encouraged businesses to take advantage of it. Motion by Councilmember Urban to approve a contribution to the Wheat Ridge Business District in the amount of $45,000 for the Matching Grant Program; seconded by Councilmember Hoppe; carried 7-0. CITY MANAGER'S MATTERS Mr. Goff remind citizens to steer away from Clear Creek: the water is very high and continues to rise. Discussion followed. Mr. Goff reported that the City has again won the Distinguished Budget Presentation Award and congratulated Heather Geyer and her staff for their hard work. - He also reported that RTD will begin testing the light rail soon. Specific dates will be on the website. CITY ATTORNEY'S MATTERS none ELECTED OFFICIALS' MATTERS Treasurer Jerry DiTullio read a memo announcing a recent resolution he signed in response to taxpayer feedback. Effective July 15, 2016 all sales and use tax bills will be rounded to the nearest dollar. He said it will speed up and simplify on-line filing. -- He also distributed the sales tax audit report for the last three years that Council requested. Clerk Janelle Shaver reminded people they can drop off their primary election ballots at the drop box in front of City Hall or in the ballot box in the lobby. She also acknowledged the passing of long time community member Ray Valente. He passed away May 6 at the age of 91. He owned and operated Valente's restaurant for 44 years and Marc's for 18 years. He was a very generous man - providing food for funerals and never charging. He was a good man who never met a stranger and was often seen around town driving his maroon EI Camino. Condolences to his family; he will be missed. Mayor Jay paid tribute to the victims and families of the horrible killing spree in Orlando. Krish Davis announced she will be missing the meeting on June 27th, but offered her support for looking at code changes that Ms. Jacobson mentioned. She thanked the volunteers and staff for their work on the Criterium. It was a lot of fun. PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT q)v �to'OD MEETING DATE: June 16, 2016 TITLE: AN ORDINANCE AMENDING SECTIONS 11-218,11-293,11-401,11- 404, 11-415, 26-204 AND 26-640 OF THE WHEAT RIDGE CODE OF LAWS TO ADOPT REGULATIONS GOVERNING MEDICAL MARIJUANA TESTING FACILITIES CASE NO. ZOA-16-01 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Kenneth Johnstone, Community Development Director Date of Preparation: June 9, 2016 SUMMARY: The attached ordinance was prepared by the City Attorney's Office in response to State Senate Bill 15-260, enacted into law on May 29, 2015 (effective July 1, 2016) and State House Bill 16-1064 enacted into law on March 23, 2016. The Senate Bill created a state requirement for the testing of medical marijuana and associated products. The House Bill made provisions allowing local governments to regulate and license said testing facilities. As drafted, the code amendments affect Chapter 11 and Chapter 26 of the municipal code. Because the Zoning and Development Code is proposed to be modified, the Planning Commission has jurisdiction to review the ordinance and provide a recommendation. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: Over the course of the last several years, the City has adopted numerous ordinances providing local licensure and zoning regulations pertaining to both medical and recreational marijuana. Presently, the City allows various types of marijuana related establishments. Current regulations place limits on the maximum number of certain types of said marijuana establishments. The maximum number of retail and/or medical mariivana stores include cultivation) is set at five (5). The maximum number of retail and/or medical marl uana product manufacturers (also may include cultivation)) i� set at thre�(3). Retail marijuana testing facilities are also permitted and may be located in Commercial -One (C-1) and Industrial -Employment (I -E) zoning districts as a by -right use. No limits are placed on the number of retail marijuana testing facilities and currently there is only one such facility within the City. ZOA-16-01 / Medical Marijuana Testing Facilities STATEMENT OF THE ISSUES: In response to the state legislation referenced above, the draft ordinance proposes to create a licensing requirement for medical marijuana testing facilities similar to all other retail and medical marijuana establishments. As it pertains to Chapter 26 zoning standards, the ordinance proposes to mirror the existing local regulations for retail marijuana testing facilities, allowing them by -right in both C-1 and I -E zoning districts. i Until this time, medical marijuana testing faciliti have been absent from the municipal code because this type of marijuana -related facility had been created or recognized in state regulations. Up to now, local code has mirrored and followed state regulations and addressed only the specific marijuana -related land use categories established by state statute. As a land use matter, staff generally believes these testing facilities to be similar to any other laborato ,��e of facility and theyw1ll n�ahly he highly regulated by the State in regards _ operations. As a laboratory facility, our belief would be that the facilities generally create high paying jobs and positive commercial real estate investment. As noted above, one retail marijuana testing facility already exists in the City. In keeping with how we regulate other types of marijuana establishments in the City, the draft ordinance would allow (but not require) retail and medical marijuana testing facilities to co -locate in one facility. RECOMMENDED MOTION: Staff recommends that Planning Commission adopt the following motion: "I move to recommend approval of the proposed ordinance amending Chapters 1 l , and 26 of the Wheat Ridge Code of Laws concerning the regulation of medical marijuana testing facilities." Alternatively, "I move to recommend denial of the proposed ordinance amending Chapters 11, and 26 of the Wheat Ridge Code of Laws concerning the regulation of medical marijuana testing facilities." Exhibits: 1. Proposed ordinance 2. SB 15-260 3. HB 16-1064 ZOA-16-01 / Medical Marijuana Testing Facilities CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. - 2016 Ordinance No. Series 2016 TITLE: AN ORDINANCE AMENDING SECTIONS 11-218,11-293, 11-401, 11-404, 11-415, 26-204 AND 26-640 OF THE WHEAT RIDGE CODE OF LAWS TO ADOPT REGULATIONS GOVERNING MEDICAL MARIJUANA TESTING FACILITIES WHEREAS, the City of Wheat Ridge ("City") 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, pursuant to the authority granted by Section 14, Article XVIII of the Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12, C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations governing medical marijuana establishments; and WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S., the Council previously adopted local regulations governing retail marijuana establishments; and WHEREAS, prior to July of 2016, state law authorized the licensure and operation of retail marijuana testing facilities, but not of medical marijuana testing facilities; and WHEREAS, through the adoption of Senate Bill 15-260, effective on July 1, 2016, the Colorado Legislature authorized the licensure and o eration of medical marquana testing facil ties, including_bc LaU hority to license and regulate those facilities; and _ WHEREAS, the City's existing marijuana regulations authorize and address retail marijuana testing facilities but are silent concerning medical marijuana testing facilities; and WHEREAS, the Council finds that the operation of medical marijuana testing facilities could be compatible with other authorized land uses within the City if the facilities are appropriately located, operated and monitored through regulatory oversight; and WHEREAS, the Council further finds that marijuana testing facilities operated in compliance with state laws, rules and regulations have the capacity to promote the public health, safety and welfare by providing objective evaluation of the content and potency of marijuana and marijuana products; and 1 WHEREAS, the Council therefore wishes to authorize the location and operation of medical marijuana testing facilities within the City under the same terms, conditions and regulatory oversight as retail marijuana testing facilities. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-218 of the Wheat Ridge Code of Laws ("Code"), concerning definitions applicable to medical marijuana establishment licensing, is hereby amended by the addition of the following new definition.- MEDICAL efinition: MEDICAL MARIJUANA TESTING FACILITYSHALL MEAN A PREMISES LICENSED PURSUANT TO THE COLORADO MEDICAL MARIJUANA CODE TO OPERATE A BUSINESS AS DESCRIBED BY C.R.S. § 12-43.3- 405. Section 2. Section 11-218 of the Code is further amended by amending the existing definition of 'medical marijuana establishment' as follows: Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana -infused product manufacturer, A MEDICAL MARIJUANA TESTING FACILITY or an optional premises cultivation operation. Section 3. Section 11-293 of the Code, concerning authorized types of local medical marijuana licenses, is hereby amended as follows: Sec. 11-293. - Types of medical marijuana licenses. The local licensing authority may issue the following three (3) types of medical marijuana licenses: (1) Medical marijuana center license; (2) Medical marijuana -infused products manufacturing license; (3) Optional premises cultivation license..-; AND (4) MEDICAL MARIJUANA TESTING FACILITY LICENSE. Section 4. Section 11-401 of the Code, concerning definitions applicable to retail marijuana establishment licensing, is hereby amended by the addition of the following new definition: MEDICAL MARIJUANA TESTING FACILITYSHALL MEAN A PREMISES LICENSED PURSUANT TO THE COLORADO MEDICAL MARIJUANA CODE TO OPERATE A BUSINESS AS DESCRIBED BY C.R.S. § 12-43.3- 405. 2 Section 5. Section 11-401 of the Code is further amended by amending the existing definition of 'medical marijuana establishment' as follows: Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana -infused product manufacturer, A MEDICAL MARIJUANA TESTING FACILITY or an optional premises cultivation operation. Section 6. Subsection 11-404(d) of the Code, concerning required licenses for marijuana establishments, is hereby amended as follows: (d) No person may operate a business within the city concerning the sale, use, consumption, manufacture, POSSESSION, STORAGE OR TESTING of marijuana unless specifically authorized pursuant to the provisions of this article OR ARTICLE XII OF THIS CHAPTER. retail marijuana establishments, is hereby amended as follows: Section 7. Section 11-415 of the Code, concerning the collocation of medical and Sec. 11-415. - Collocation of operations A medical marijuana establishment may share its e*st�49 licensed premises with a retail marijuana establishment as follows: (a) An optional premises cultivation operation and a retail marijuana cultivation facility may share their licensed premises in order to operate a dual cultivation business operation. (b) A medical marijuana -infused product manufacturer may apply to hold a retail marijuana product manufacturing facility license and operate a dual manufacturing business at a shared licensed premises. (c) A medical marijuana center may hold a retail marijuana store license and operate a dual retail business at a shared licensed premises. (D) A MEDICAL MARIJUANA TESTING FACILITY AND A RETAIL MARIJUANA TESTING FACILITY MAY SHARE A SINGLE LICENSED PREMISES TO OPERATE A DUAL TESTING FACILITY AT THE SAME LOCATION IF THE TWO ARE IDENTICALLY OWNED. Section 8. Section 26-204 of the Code, concerning the zone district use schedule, is hereby amended by amending the "Table of Uses — Commercial and Industrial Uses" by the addition of the following new row, to read in its entirety as follows: Uses Note I NC I Rr C 1 2 /E 3 L' I 5 LZ MEDICAL P P MARIJUANA TESTING FACILITY Section 9. Subsection 26-640.C. of the Code, concerning supplementary zoning regulations for marijuana, is hereby amended as follows: C. Except as provided for in articles XII and XIII of chapter 11 of this Code, cultivation, drying, processing, manufacture, TESTING and storage of marijuana may not occur in any non-residential structure. Section 10. Severability, Conflicting Ordinances Repealed. 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. Section 11. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2016, 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 , 2016, at 7:00 p.m., in the Council Chambers, 7500 West 29t1 Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2016. SIGNED by the Mayor on this day of , 2016. ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor Approved as to Form Gerald E. Dahl, City Attorney Ell First Publication: Second Publication: Wheat Ridge Transcript Effective Date: NOTE: The governor signed this measure on 5/29/2015. C� SENATE BILL 15-260 BY SENATOR(S) Aguilar, Kerr, Crowder, Guzman, Heath, Johnston, Jones, Kefalas, Merrifield, Newell, Steadman, Todd, Ulibarri; also REPRESENTATIVE(S) Ginal, Becker K., Conti, Lebsock, Rankin, Roupe, Ryden, Young. CONCERNING MEDICAL MARIJUANA PRODUCT TESTING. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-43.3-202, add (2.5) as follows: 1243.3-202. Powers and duties of state licensing authority - rules. (2.5) (a) RULES PROMULGATED PURSUANT TO PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION MUST INCLUDE, BUTNEED NOT BE LMTED TO, THE FOLLOWING SUBJECTS: (I) (A) ESTABLISHING A MEDICAL MARIJUANA AND MEDICAL MARIJUANA -INFUSED PRODUCTS INDEPENDENT TESTING AND CERTIFICATION PROGRAM FOR MEDICAL MARIJUANA LICENSEES, WITHIN AN IMPLEMENTATION TIME FRAME, REQUIRING LICENSEES TO TEST MEDICAL MARIJUANA TO ENSURE, AT A MINIMUM, THAT PRODUCTS SOLD FOR HUMAN CONSUMPTION DO NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS TO Attachment 1 Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. HEALTH AND TO ENSURE CORRECT LABELING; (13) TESTING MAY INCLUDE ANALYSIS FOR MICROBIAL AND RESIDUAL SOLVENTS AND CHEMICAL AND BIOLOGICAL CONTAMINANTS DEEMED TO BE PUBLIC HEALTH HAZARDS BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT BASED ON MEDICAL REPORTS AND PUBLISHED SCIENTIFIC LITERATURE; (C) IN THE EVENT THAT TEST RESULTS INDICATE THE PRESENCE OF QUANTITIES OF ANY SUBSTANCE DETERMINED TO BE INJURIOUS TO HEALTH, THE LICENSEE SHALL IMMEDIATELY QUARANTINE THE PRODUCTS AND NOTIFY THE STATE LICENSING AUTHORITY. THE LICENSEE SHALL DOCUMENT AND PROPERLY DESTROY THE ADULTERATED PRODUCT. (D) TESTING SHALL ALSO VERIFY THC POTENCY REPRESENTATIONS AND HOMOGENEITY FOR CORRECT LABELING AND PROVIDE A CANNABINOID PROFILE FOR THE MARIJUANA PRODUCT; (E) THE STATE LICENSING AUTHORITY SHALL DETERMINE AN ACCEPTABLE VARIANCE FOR POTENCY REPRESENTATIONS AND PROCEDURES TO ADDRESS POTENCY MISREPRESENTATIONS; AND (F) THE STATE LICENSING AUTHORITY SHALL DETERMINE THE PROTOCOLS AND FREQUENCY OF MARIJUANA TESTING BY LICENSEES. (b) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL PROVIDE TO THE STATE LICENSING AUTHORITY STANDARDS FOR LICENSING LABORATORIES PURSUANT TO THE REQUIREMENTS AS OUTLINED IN SUB -SUBPARAGRAPH (A) OF SUBPARAGRAPH (I) OF PARAGRAPH (a) OF THIS SUBSECTION (2.5) FOR MEDICAL MARIJUANA AND MEDICAL MARIJUANA -INFUSED PRODUCTS. (C) MANDATORY MEDICAL MARIJUANA TESTING SHALL NOT BEGIN UNTIL A MARIJUANA LABORATORY TESTING REFERENCE LIBRARY IS CREATED AND LICENSEES ARE SET UP FOR PROFICIENCY TESTS AND STANDARDS. SECTION 2. In Colorado Revised Statutes, 12-43.3-401, amend (1) (c); and add (1) (c.5) as follows: PAGE 2 -SENATE BILL 15-260 12-43.3-401. Classes of licenses. (1) For the purpose of regulating the cultivation, manufacture, distribution, and sale of medical marijuana, the state licensing authority in its discretion, upon application in the prescribed form made to it, may issue and grant to the applicant a license from any of the following classes, subject to the provisions and restrictions provided by this article: (c) Medical marijuana -infused products manufacturing license; mid (c.5) MEDICAL MARIJUANA TESTING FACILITY LICENSE; AND SECTION 3. In Colorado Revised Statutes, 12-43.3-402, amend (6) as follows: 12-43.3-402. Medical marijuana center license. (6) A medical marijuana center may provide, EXCEPT AS REQUIRED BY SECTION 12-43.3-202 (2.5) (a) (I), a sample of its products to a -1 OCCUPall FACILITY THAT HAS A MEDICAL MARIJUANA TESTING FACILITY LICENSE from the state licensing authority for testing and research purposes. 2?TwiJtrwm-basedpmdt?cts.TJ !a! . A MEDICAL MARIJUANA CENTER SHALL MAINTAIN A RECORD OF WHAT WAS PROVIDED TO THE TESTING FACILITY, THE IDENTITY OF THE TESTING FACILITY, AND THE RESULTS OF THE TESTING. SECTION 4. In Colorado Revised Statutes, 12-43.3-404, amend (10) as follows: 12-43.3-404. Medical marijuana -infused products manufacturing license. (10) A medical marijuana -infused products PAGE 3 -SENATE BILL 15-260 manufacturer may provide, EXCEPT AS REQUIRED BY SECTION 1243.3-202 (2.5) (a) (I), a sample of its products to a laboratory that has ail occupational fiCCnSe FACILITY THAT HAS A MEDICAL MARIJUANA TESTING FACILITY LICENSE from the state licensing authority for testing and research purposes. The state licensing authority shall pronialgate ralca ptnsaantto its notho., ity in se&ion 12 43.3-202 (1) (b) i elated to acccptablc testing and state fieensfiig atfthority fm testing purposes ahaH not havc any interest in A MEDICAL MARIJUANA PRODUCTS MANUFACTURER SHALL MAINTAIN A RECORD OF WHAT WAS PROVIDED TO THE TESTING FACILITY, THE IDENTITY OF THE TESTING FACILITY, AND THE RESULTS OF THE TESTING. SECTION 5. In Colorado Revised Statutes, add 12-43.3-405 as follows: 12-43.3-405. Medical marijuana testing facility license - rules. (1) A MEDICAL MARIJUANA TESTING FACILITY LICENSE MAY BE ISSUED TO A PERSON WHO PERFORMS TESTING AND RESEARCH ON MEDICAL MARIJUANA FOR MEDICAL MARIJUANA LICENSEES. THE FACILITY MAY DEVELOP AND TEST MEDICAL MARIJUANA PRODUCTS. (2) THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES PURSUANT TO ITS AUTHORITY IN SECTION 1243.3-202 (1) (b) RELATED TO ACCEPTABLE TESTING AND RESEARCH PRACTICES, INCLUDING BUT NOT LIMITED TO TESTING, STANDARDS, QUALITY CONTROL ANALYSIS, EQUIPMENT CERTIFICATION AND CALIBRATION, AND CHEMICAL IDENTIFICATION AND OTHER SUBSTANCES USED IN BONA FIDE RESEARCH METHODS. (3) A PERSON WHO HAS AN INTEREST IN A MEDICAL MARIJUANA TESTING FACILITY LICENSE FROM THE STATE LICENSING AUTHORITY FOR TESTING PURPOSES SHALL NOT HAVE ANY INTEREST IN A LICENSED MEDICAL MARIJUANA CENTER, A LICENSED OPTIONAL PREMISES CULTIVATION OPERATION, A LICENSED MEDICAL MARIJUANA -INFUSED PRODUCTS MANUFACTURER, A LICENSED RETAIL MARIJUANA STORE, A LICENSED RETAIL MARIJUANA CULTIVATION FACILITY, OR A LICENSED RETAIL MARIJUANA PRODUCTS MANUFACTURER. A PERSON THAT HAS AN INTEREST IN A LICENSED MEDICAL MARIJUANA CENTER, A LICENSED OPTIONAL PAGE 4 -SENATE BILL 15-260 PREMISES CULTIVATION OPERATION, A LICENSED MEDICAL MARIJUANA -INFUSED PRODUCTS MANUFACTURER, A LICENSED RETAIL MARIJUANA STORE, A LICENSED RETAIL MARIJUANA CULTIVATION FACILITY, OR A LICENSED RETAIL MARIJUANA PRODUCTS MANUFACTURER SHALL NOT HAVE AN INTEREST IN A FACILITY THAT HAS A MEDICAL MARIJUANA TESTING FACILITY LICENSE. SECTION 6. Act subject to petition - effective date. This act takes effect July 1, 2016; except that, if a referendum petition is filed pursuant to section 1(3) of article V ofthe state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the PAGE 5 -SENATE BILL 15-260 general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. Bill L. Cadman PRESIDENT OF THE SENATE Cindi L. Markwell SECRETARY OF THE SENATE APPROVED Dickey Lee Hullinghorst SPEAKER OF THE HOUSE OF REPRESENTATIVES Marilyn Eddins CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO PAGE 6 -SENATE BILL 15-260 /0000� N it HOUSE BILL 16-1064 BY REPRESENTATIVES) Brown, Becker K., Fields, Ginal, Lebsock; also SENATOR(S) Roberts, Heath, Holbert, Jahn, Johnston, Kerr, Scott, Steadman. CONCERNING LOCAL LICENSING OF MEDICAL MARJIUANA TESTING FACILITIES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-43.3-301, amend (1) (c); and add (I) (d) as follows: 12-43.3-301. Local licensing authority - applications - licenses. (l) A local licensing authority may issue only the following medical marijuana licenses upon payment of the fee and compliance with all local licensing requirements to be determined by the local licensing authority: (c) A medical marijuana -infused products manufacturing license; AND (d) A MEDICAL MARIJUANA TESTING FACILITY LICENSE. SECTION 2. Safety clause. The general assembly hereby finds, Attachment 2 Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing stotutes and such material not part of au. determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. r Dickey Lee Hullinghorst Bill L. Cadman SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES Mari yn Edd' s CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES THE SENATE Effie Ameen SECRETARY OF THE SENATE I? APPROVED m 2 .7 John W. ickenloope GOVEFJ40R OF THE STATE OF COLORADO PAGE 2 -HOUSE BILL 16-1064 PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: June 16, 2016 TITLE: AN ORDINANCE AMENDING SECTIONS 11-218,11-293,11-401,11- 404, 11-4159 26-204 AND 26-640 OF THE WHEAT RIDGE CODE OF LAWS TO ADOPT REGULATIONS GOVERNING MEDICAL MARIJUANA TESTING FACILITIES CASE NO. ZOA-16-01 ® PUBLIC HEARING ® CODE CHANGE ORDINANCE Case Manager: Kenneth Johnstone, Community Development Director Date of Preparation: June 9, 2016 SUMMARY: The attached ordinance was prepared by the City Attorney's Office in response to State Senate Bill 15-260, enacted into law on May 29, 2015 (effective July 1, 2016) and State House Bill 16-1064 enacted into law on March 23, 2016. The Senate Bill created a state requirement for the testing of medical marijuana and associated products. The House Bill made provisions allowing local governments to regulate and license said testing facilities. As drafted, the code amendments affect Chapter 1 I and Chapter 26 of the municipal code. Because the Zoning and Development Code is proposed to be modified, the Planning Commission has jurisdiction to review the ordinance and provide a recommendation. Notice for this public hearing was provided as required by the Code of Laws. BACKGROUND: Over the course of the last several years, the City has adopted numerous ordinances providing local licensure and zoning regulations pertaining to both medical and recreational marijuana. Presently, the City allows various types of marijuana related establishments. Current regulations place limits on the maximum number of certain types of said marijuana establishments. The maximum number of retail and/or medical marijuana stores (may include cultivation) is set at five (5). The maximum number of retail and/or medical marijuana product manufacturers (also may include cultivation) is set at three (3). Retail marijuana testing facilities are also permitted and may be located in Commercial -One (C-1) and Industrial -Employment (I -E) zoning districts as a by -right use. No limits are placed on the number of retail marijuana testing facilities and currently there is only one such facility within the City. ZOA-16-01 / Medical Marijuana Testing Facilities STATEMENT OF THE ISSUES: In response to the state legislation referenced above, the draft ordinance proposes to create a licensing requirement for medical marijuana testing facilities similar to all other retail and medical marijuana establishments. As it pertains to Chapter 26 zoning standards, the ordinance proposes to mirror the existing local regulations for retail marijuana testing facilities, allowing them by -right in both C-1 and I -E zoning districts. Until this time, medical marijuana testing facilities have been absent from the municipal code because this type of marijuana -related facility had been created or recognized in state regulations. Up to now, local code has mirrored and followed state regulations and addressed only the specific marijuana -related land use categories established by state statute. As a land use matter, staff generally believes these testing facilities to be similar to any other laboratory type of facility and they will presumably be highly regulated by the State in regards to operations. As a laboratory facility, our belief would be that the facilities generally create high paying jobs and positive commercial real estate investment. As noted above, one retail marijuana testing facility already exists in the City. In keeping with how we regulate other types of marijuana establishments in the City, the draft ordinance would allow (but not require) retail and medical marijuana testing facilities to co -locate in one facility. RECOMMENDED MOTION: Staff recommends that Planning Commission adopt the following motion: "I move to recommend approval of the proposed ordinance amending Chapters 11, and 26 of the Wheat Ridge Code of Laws concerning the regulation of medical marijuana testing facilities." Alternatively, "I move to recommend denial of the proposed ordinance amending Chapters 11, and 26 of the Wheat Ridge Code of Laws concerning the regulation of medical marijuana testing facilities." Exhibits: 1. Proposed ordinance 2. SB 15-260 3. HB 16-1064 ZOA- 16-01 / Medical Marijuana Testing Facilities CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. - 2016 Ordinance No. Series 2016 TITLE: AN ORDINANCE AMENDING SECTIONS 11-218, 11-293, 11-401, 11-404, 11-415, 26-204 AND 26-640 OF THE WHEAT RIDGE CODE OF LAWS TO ADOPT REGULATIONS GOVERNING MEDICAL MARIJUANA TESTING FACILITIES WHEREAS, the City of Wheat Ridge ("City") 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, pursuant to the authority granted by Section 14, Article XVIII of the Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12, C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations governing medical marijuana establishments; and WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S., the Council previously adopted local regulations governing retail marijuana establishments; and WHEREAS, prior to July of 2016, state law authorized the licensure and operation of retail marijuana testing facilities, but not of medical marijuana testing facilities; and WHEREAS, through the adoption of Senate Bill 15-260, effective on July 1, 2016, the Colorado Legislature authorized the licensure and operation of medical marijuana testing facilities, including local authority to license and regulate those facilities; and WHEREAS, the City's existing marijuana regulations authorize and address retail marijuana testing facilities but are silent concerning medical marijuana testing facilities; and WHEREAS, the Council finds that the operation of medical marijuana testing facilities could be compatible with other authorized land uses within the City if the facilities are appropriately located, operated and monitored through regulatory oversight; and WHEREAS, the Council further finds that marijuana testing facilities operated in compliance with state laws, rules and regulations have the capacity to promote the public health, safety and welfare by providing objective evaluation of the content and potency of marijuana and marijuana products; and 1 WHEREAS, the Council therefore wishes to authorize the location and operation of medical marijuana testing facilities within the City under the same terms, conditions and regulatory oversight as retail marijuana testing facilities. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-218 of the Wheat Ridge Code of Laws ("Code"), concerning definitions applicable to medical marijuana establishment licensing, is hereby amended by the addition of the following new definition: MEDICAL MARIJUANA TESTING FACILITYSHALL MEAN A PREMISES LICENSED PURSUANT TO THE COLORADO MEDICAL MARIJUANA CODE TO OPERATE A BUSINESS AS DESCRIBED BY C.R.S. § 12-43.3- 405. Section 2. Section 11-218 of the Code is further amended by amending the existing definition of `medical marijuana establishment' as follows: Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana -infused product manufacturer, A MEDICAL MARIJUANA TESTING FACILITY or an optional premises cultivation operation. Section 3. Section 11-293 of the Code, concerning authorized types of local medical marijuana licenses, is hereby amended as follows: Sec. 11-293. - Types of medical marijuana licenses. The local licensing authority may issue the following three (3) types of medical marijuana licenses: (1) Medical marijuana center license; (2) Medical marijuana -infused products manufacturing license; -and (3) Optional premises cultivation license..-; AND (4) MEDICAL MARIJUANA TESTING FACILITY LICENSE. Section 4. Section 11-401 of the Code, concerning definitions applicable to retail marijuana establishment licensing, is hereby amended by the addition of the following new definition: MEDICAL MARIJUANA TESTING FACILITY SHALL MEAN A PREMISES LICENSED PURSUANT TO THE COLORADO MEDICAL MARIJUANA CODE TO OPERATE A BUSINESS AS DESCRIBED BY C.R.S. § 12-43.3- 405. 2 Section 5. Section 11-401 of the Code is further amended by amending the existing definition of 'medical marijuana establishment' as follows: Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana -infused product manufacturer, A MEDICAL MARIJUANA TESTING FACILITY or an optional premises cultivation operation. Section 6. Subsection 11-404(d) of the Code, concerning required licenses for marijuana establishments, is hereby amended as follows: (d) No person may operate a business within the city concerning the sale, use, consumption, manufacture, POSSESSION, STORAGE OR TESTING of marijuana unless specifically authorized pursuant to the provisions of this article OR ARTICLE XII OF THIS CHAPTER. Section 7. Section 11-415 of the Code, concerning the collocation of medical and retail marijuana establishments, is hereby amended as follows: Sec. 11-415. - Collocation of operations. A medical marijuana establishment may share its eXiStiRg licensed premises with a retail marijuana establishment as follows: (a) An optional premises cultivation operation and a retail marijuana cultivation facility may share their licensed premises in order to operate a dual cultivation business operation. (b) A medical marijuana -infused product manufacturer may apply to hold a retail marijuana product manufacturing facility license and operate a dual manufacturing business at a shared licensed premises. (c) A medical marijuana center may hold a retail marijuana store license and operate a dual retail business at a shared licensed premises. (D) A MEDICAL MARIJUANA TESTING FACILITY AND A RETAIL MARIJUANA TESTING FACILITY MAY SHARE A SINGLE LICENSED PREMISES TO OPERATE A DUAL TESTING FACILITY AT THE SAME LOCATION IF THE TWO ARE IDENTICALLY OWNED. Section 8. Section 26-204 of the Code, concerning the zone district use schedule, is hereby amended by amending the "Table of Uses — Commercial and Industrial Uses" by the addition of the following new row, to read in its entirety as follows: Uses I Note I NC RC C-1 C-2 I -E i1 MEDICAL P P MARIJUANA TESTING FACILITY Section 9. Subsection 26-640.C. of the Code, concerning supplementary zoning regulations for marijuana, is hereby amended as follows: C. Except as provided for in articles XII and XIII of chapter 11 of this Code, cultivation, drying, processing, manufacture, TESTING and storage of marijuana may not occur in any non-residential structure. Section 10. Severability, Conflicting Ordinances Repealed. 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. Section 11. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2016, 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 , 2016, at 7.00 p.m., in the Council Chambers, 7500 West 29t" Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2016. SIGNED by the Mayor on this day of ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor Approved as to Form , 2016. Gerald E. Dahl, City Attorney M First Publication: Second Publication: Wheat Ridge Transcript Effective Date: NOTE: The governor signed this measure on 5/29/2015. it SENATE BILL 15-260 BY SENATOR(S) Aguilar, Kerr, Crowder, Guzman, Heath, Johnston, Jones, Kefalas, Merrifield, Newell, Steadman, Todd, Ulibarri; also REPRESENTATIVE(S) Ginal, Becker K., Conti, Lebsock, Rankin, Roupe, Ryden, Young. CONCERNING MEDICAL MARIJUANA PRODUCT TESTING. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 1243.3-202, add (2.5) as follows: 12-43.3-202. Powers and duties of state licensing authority - rules. (2.5) (a) RULES PROMULGATED PURSUANT TO PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION MUST INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING SUBJECTS: (I) (A) ESTABLISHING A MEDICAL MARIJUANA AND MEDICAL MARIJUANA -INFUSED PRODUCTS INDEPENDENT TESTING AND CERTIFICATION PROGRAM FOR MEDICAL MARIJUANA LICENSEES, WITHIN AN IMPLEMENTATION TIME FRAME, REQUIRING LICENSEES TO TEST MEDICAL MARIJUANA TO ENSURE, AT A MINIMUM, THAT PRODUCTS SOLD FOR HUMAN CONSUMPTION DO NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS TO Attachment 1 Capital letters indicate new material added to existing statutes; dashes through w f act. ords indicate deletions from existing statutes and such material not part o HEALTH AND TO ENSURE CORRECT LABELING; (B) TESTING MAY INCLUDE ANALYSIS FOR MICROBIAL AND RESIDUAL SOLVENTS AND CHEMICAL AND BIOLOGICAL CONTAMINANTS DEEMED TO BE PUBLIC HEALTH HAZARDS BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT BASED ON MEDICAL REPORTS AND PUBLISHED SCIENTIFIC LITERATURE; (C) IN THE EVENT THAT TEST RESULTS INDICATE THE PRESENCE OF QUANTITIES OF ANY SUBSTANCE DETERMINED TO BE INJURIOUS TO HEALTH, THE LICENSEE SHALL IMMEDIATELY QUARANTINE THE PRODUCTS AND NOTIFY THE STATE LICENSING AUTHORITY. THE LICENSEE SHALL DOCUMENT AND PROPERLY DESTROY THE ADULTERATED PRODUCT. (D) TESTING SHALL ALSO VERIFY THC POTENCY REPRESENTATIONS AND HOMOGENEITY FOR CORRECT LABELING AND PROVIDE A CANNABINOID PROFILE FOR THE MARIJUANA PRODUCT; (E) THE STATE LICENSING AUTHORITY SHALL DETERMINE AN ACCEPTABLE VARIANCE FOR POTENCY REPRESENTATIONS AND PROCEDURES TO ADDRESS POTENCY MISREPRESENTATIONS; AND (F) THE STATE LICENSING AUTHORITY SHALL DETERMINE THE PROTOCOLS AND FREQUENCY OF MARIJUANA TESTING BY LICENSEES. (b) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL PROVIDE TO THE STATE LICENSING AUTHORITY STANDARDS FOR LICENSING LABORATORIES PURSUANT TO THE REQUIREMENTS AS OUTLINED IN SUB -SUBPARAGRAPH (A) OF SUBPARAGRAPH (I) OF PARAGRAPH (a) OF THIS SUBSECTION (2.5) FOR MEDICAL MARIJUANA AND MEDICAL MARIJUANA -INFUSED PRODUCTS. (C) MANDATORY MEDICAL MARIJUANA TESTING SHALL NOT BEGIN UNTIL A MARIJUANA LABORATORY TESTING REFERENCE LIBRARY IS CREATED AND LICENSEES ARE SET UP FOR PROFICIENCY TESTS AND STANDARDS. SECTION 2. In Colorado Revised Statutes, 12-43.3-401, amend (1) (c); and add (1) (c.5) as follows: PAGE 2 -SENATE BILL 15-260 12-43.3-401. Classes of licenses. (1) For the purpose of regulating the cultivation, manufacture, distribution, and sale of medical marijuana, the state licensing authority in its discretion, upon application in the prescribed form made to it, may issue and grant to the applicant a license from any of the following classes, subject to the provisions and restrictions provided by this article: (c) Medical marijuana -infused products manufacturing license; and (c.5) MEDICAL MARIJUANA TESTING FACILITY LICENSE; AND SECTION 3. In Colorado Revised Statutes, 12-43.3-402, amend (6) as follows: 12-43.3-402. Medical marijuana center license. (6) A medical marijuana center may provide, EXCEPT AS REQUIRED BY SECTION 12-43.3-202 (2.5) (a) (I), a sample of its products to a lahoratmy qs FACILITY THAT HAS A MEDICAL MARIJUANA TESTING FACILITY LICENSE from the state licensing authority for testing and research purposes. certification mid calib,ation, mid ch Substwices tised in bona fid;._ jesemcil III has -an Occupational license fio i0i It -1 ten'tIngpUrplDs" SIMI . A MEDICAL MARIJUANA CENTER SHALL MAINTAIN A RECORD OF WHAT WAS PROVIDED TO THE TESTING FACILITY, THE IDENTITY OF THE TESTING FACILITY, AND THE RESULTS OF THE TESTING. SECTION 4. In Colorado Revised Statutes, 12-43.3-404, amend (10) as follows: 12-43.3-404. Medical marijuana -infused products manufacturing license. (10) A medical marijuana -infused products PAGE 3 -SENATE BILL 15-260 manufacturer may provide, EXCEPT AS REQUIRED BY SECTION 12-43.3-202 (2.5) (a) (I), a sample of its products to a labotatoxy that im an FACILITY THAT HAS A MEDICAL MARIJUANA TESTING FACILITY LICENSE from the state licensing authority for testing and research purposes. its atItI10]jity in section'122 '43.3-202 (1) (b) re ated ft, aCCC to b le tv-,stilig an A MEDICAL MARIJUANA PRODUCTS MANUFACTURER SHALL MAINTAIN A RECORD OF WHAT WAS PROVIDED TO THE TESTING FACILITY, THE IDENTITY OF THE TESTING FACILITY, AND THE RESULTS OF THE TESTING. SECTION 5. In Colorado Revised Statutes, add 12-43.3-405 as follows: 12-43.3-405. Medical marijuana testing facility license - rules. (1) A MEDICAL MARIJUANA TESTING FACILITY LICENSE MAY BE ISSUED TO A PERSON WHO PERFORMS TESTING AND RESEARCH ON MEDICAL MARIJUANA FOR MEDICAL MARIJUANA LICENSEES. THE FACILITY MAY DEVELOP AND TEST MEDICAL MARIJUANA PRODUCTS. (2) THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES PURSUANT TO ITS AUTHORITY IN SECTION 12-43.3-202 (1) (b) RELATED TO ACCEPTABLE TESTING AND RESEARCH PRACTICES, INCLUDING BUT NOT LIMITED TO TESTING, STANDARDS, QUALITY CONTROL ANALYSIS, EQUIPMENT CERTIFICATION AND CALIBRATION, AND CHEMICAL IDENTIFICATION AND OTHER SUBSTANCES USED IN BONA FIDE RESEARCH METHODS. (3) A PERSON WHO HAS AN INTEREST IN A MEDICAL MARIJUANA TESTING FACILITY LICENSE FROM THE STATE LICENSING AUTHORITY FOR TESTING PURPOSES SHALLNOT HAVE ANY INTEREST IN A LICENSED MEDICAL MARIJUANA CENTER, A LICENSED OPTIONAL PREMISES CULTIVATION OPERATION, A LICENSED MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURER, A LICENSED RETAIL MARIJUANA STORE, A LICENSED RETAIL MARIJUANA CULTIVATION FACILITY, OR A LICENSED RETAIL MARIJUANA PRODUCTS MANUFACTURER. A PERSON THAT HAS AN INTEREST IN A LICENSED MEDICAL MARIJUANA CENTER, A LICENSED OPTIONAL PAGE 4 -SENATE BILL 15-260 PREMISES CULTIVATION OPERATION, A LICENSED MEDICAL MARIJUANA -INFUSED PRODUCTS MANUFACTURER, A LICENSED RETAIL MARIJUANA STORE, A LICENSED RETAIL MARIJUANA CULTIVATION FACILITY, OR A LICENSED RETAIL MARIJUANA PRODUCTS MANUFACTURER SHALL NOT HAVE AN INTEREST IN A FACILITY THAT HAS A MEDICAL MARIJUANA TESTING FACILITY LICENSE. SECTION 6. Act subject to petition - effective date. This act takes effect July 1, 2016; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the PAGE 5 -SENATE BILL 15-260 general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. Bill L. Cadman PRESIDENT OF THE SENATE Cindi L. Markwell SECRETARY OF THE SENATE APPROVED Dickey Lee Hullinghorst SPEAKER OF THE HOUSE OF REPRESENTATIVES Marilyn Eddins CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO PAGE 6 -SENATE BILL 15-260 it Ct�� HOUSE BILL 16-1064 BY REPRESENTATIVES) Brown, Becker K., Fields, Ginal, Lebsock; also SENATOR(S) Roberts, Heath, Holbert, Jahn, Johnston, Kerr, Scott, Steadman. CONCERNING LOCAL LICENSING OF MEDICAL MARIJUANA TESTING FACILITIES. Be it enacted by the General Assembly of the State of Colorado: SECTION I. In Colorado Revised Statutes, 1243.3-301, amend (1) (c); and add (I) (d) as follows: 1243.3-301. Local licensing authority - applications - licenses. (l) A local licensing authority may issue only the following medical marijuana licenses upon payment of the fee and compliance with all local licensing requirements to be determined by the local licensing authority: (c) A medical marijuana -infused products manufacturing license; AND (d) A MEDICAL MARIJUANA TESTING FACILITY LICENSE. SECTION 2. Safety clause. The general assembly hereby finds, Attachment 2 Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. _ -- 10 IF` jr Dickey Lee Hullinghorst Bill L. Cadman SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE MMarilyn Edd' s CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES Effie Ameen SECRETARY OF THE SENATE APPROVED ' �Ai L94 P—WI John W. ickenlooper i GOVE OR OF THE STATE OF COLORADO PAGE 2 -HOUSE BILL 16-1064 STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO June 6, 2016 6:30 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Maureen Harper, Public Information Officer at 303-235-2877at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. Citizen Comment on Agenda Items 1. Staff Reports a) Medical Marijuana Testing Facilities Licensing 2. Accessory Dwelling Units 3. Cre8 Your 38 Design Options 4. Elected Officials' Report(s) ADJOURNMENT ♦ � A ♦ !i(5m City of la, W heat R dge ADMINISTRATIVE SERVICES Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, Cit Mana Heather Y g Geyer, Administrative Services Director FROM: Kathy Franklin, Sales Tax Supervisor DATE: June 6, 2016 SUBJECT: Recommendation for an Ordinance for Medical Marijuana Testing Facilities Licensing ISSUE: Late in 2015 Governor Hickenlooper signed into law SB 15-260 (Attachment 1) requiring testing of medical marijuana beginning July 1, 2016. Colorado adopted 1-113 16-1064 (Attachment 2) last April, authorizing local licensing of medical marijuana testing facilities. In preparation for required medical marijuana testing, retail testing facilities are permitted by the Colorado Marijuana Enforcement Division (MED) to apply for the state medical marijuana testing facility license. Normally, the MED requires applicants to provide proof of having applied for a local marijuana - related license at the time they submit their state application for the same. However, because of the short turnaround of this new law, applicants are permitted to submit a Colorado application provided there is proof that the locality is in the process of adopting an ordinance to license medical marijuana testing facilities. Current Ordinance Section 11-403 of the Wheat Ridge Code of Laws authorizes the licensing of retail marijuana testing facilities and Section 26 restricts them to C-1 and I -E zoned areas. The City's medical marijuana and zoning codes currently do not address medical marijuana testing, nor does the Code place any limitations on the number or spacing of retail, medical, or combined marijuana testing facilities in the City. The proposed code changes are outlined in Attachment 3. Local Impact Wheat Ridge currently has one retail marijuana testing facility, Gobi Analytical, Inc., located at 12295 W. 481h Avenue, Unit C, owned by Peter and Burenjargal Perrone. The Perrones told the City on April 22, 2016, that they wish to pursue medical marijuana testing and seek state and local licensing. They have submitted an application to MED. The Tax Division has also received three calls from other parties interested in establishing medical marijuana testing facilities in the City. Medical Marijuana Testing Facilities June 6, 2016 Page 2 Considerations Both retail and medical marijuana testing processes involve transporting marijuana and marijuana product samples from vendors to testing facilities. At testing facilities, retail or medical marijuana, or marijuana products, may be stored for a few days prior to being tested. The purpose of testing is to determine if marijuana and marijuana products conform with the State of Colorado's specifications for pesticides, solvents, molds, microbes, and potency. Testing is performed in laboratories with controlled access as required by Colorado MED rules, using methods that may include liquefying (high pressure liquid chromatography) or vaporizing (gas chromatography) small amounts of marijuana or marijuana products for analysis in enclosed analytical equipment. RECOMMENDATION: In order to comply with state law, City Attorney Jerry Dahl drafted a proposed ordinance defining and authorizing 1) the licensing of medical marijuana testing facilities in the City, and 2) the licensing of co -located medical and retail marijuana testing facilities in the City. The option remains to make no change to the Code in reference to testing facilities. Other options would be to ban some or all marijuana testing facilities, put limitations on the facilities, or consider other options that may result from outside input. ATTACHMENTS: 1. SB 15-260 2. HB 16-1064 3. Draft Ordinance NOTE: The governor signed this measure on 5/29/2015. SENATE BILL 15-260 BY SENATOR(S) Aguilar, Kerr, Crowder, Guzman, Heath, Johnston, Jones, Kefalas, Merrifield, Newell, Steadman, Todd, Ulibarri; also REPRESENTATIVE(S) Ginal, Becker K., Conti, Lebsock, Rankin, Roupe, Ryden, Young. CONCERNING MEDICAL MARIJUANA PRODUCT TESTING. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 1243.3 -202, add (2.5) as follows: 12-43.3-202. Powers and duties of state licensing authority - rules. (2.5) (a) RULES PROMULGATED PURSUANT TO PARAGRAPH (b) OF SUBSECTION (1) OF THIS SECTION MUST INCLUDE, BUT NEED NOT BE LIMITED TO, THE FOLLOWING SUBJECTS: (I) (A) ESTABLISHING A MEDICAL MARIJUANA AND MEDICAL MARIJUANA -INFUSED PRODUCTS INDEPENDENT TESTING AND CERTIFICATION PROGRAM FOR MEDICAL MARIJUANA LICENSEES, WITHIN AN IMPLEMENTATION TIME FRAME, REQUIRING LICENSEES TO TEST MEDICAL MARIJUANA TO ENSURE, AT A MINIMUM, THAT PRODUCTS SOLD FOR HUMAN CONSUMPTION DO NOT CONTAIN CONTAMINANTS THAT ARE INJURIOUS TO Attachment 1 Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of act. HEALTH AND TO ENSURE CORRECT LABELING; (B) TESTING MAY INCLUDE ANALYSIS FOR MICROBIAL AND RESIDUAL SOLVENTS AND CHEMICAL AND BIOLOGICAL CONTAMINANTS DEEMED TO BE PUBLIC HEALTH HAZARDS BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT BASED ON MEDICAL REPORTS AND PUBLISHED SCIENTIFIC LITERATURE; (C) IN THE EVENT THAT TEST RESULTS INDICATE THE PRESENCE OF QUANTITIES OF ANY SUBSTANCE DETERMINED TO BE INJURIOUS TO HEALTH, THE LICENSEE SHALL IMMEDIATELY QUARANTINE THE PRODUCTS AND NOTIFY THE STATE LICENSING AUTHORITY. THE LICENSEE SHALL DOCUMENT AND PROPERLY DESTROY THE ADULTERATED PRODUCT. (D) TESTING SHALL ALSO VERIFY THC POTENCY REPRESENTATIONS AND HOMOGENEITY FOR CORRECT LABELING AND PROVIDE A CANNABINOID PROFILE FOR THE MARIJUANA PRODUCT; (E) THE STATE LICENSING AUTHORITY SHALL DETERMINE AN ACCEPTABLE VARIANCE FOR POTENCY REPRESENTATIONS AND PROCEDURES TO ADDRESS POTENCY MISREPRESENTATIONS; AND (F) THE STATE LICENSING AUTHORITY SHALL DETERMINE THE PROTOCOLS AND FREQUENCY OF MARIJUANA TESTING BY LICENSEES. (b) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT SHALL PROVIDE TO THE STATE LICENSING AUTHORITY STANDARDS FOR LICENSING LABORATORIES PURSUANT TO THE REQUIREMENTS AS OUTLINED IN SUB -SUBPARAGRAPH (A) OF SUBPARAGRAPH (I) OF PARAGRAPH (a) OF THIS SUBSECTION (2.5) FOR MEDICAL MARIJUANA AND MEDICAL MARIJUANA -INFUSED PRODUCTS. (C) MANDATORY MEDICAL MARIJUANA TESTING SHALL NOT BEGIN UNTIL A MARIJUANA LABORATORY TESTING REFERENCE LIBRARY IS CREATED AND LICENSEES ARE SET UP FOR PROFICIENCY TESTS AND STANDARDS. SECTION 2. In Colorado Revised Statutes, 12-43.3-401, amend (1) (c); and add (1) (c.5) as follows: PAGE 2 -SENATE BILL 15-260 12-43.3-401. Classes of licenses. (1) For the purpose of regulating the cultivation, manufacture, distribution, and sale of medical marijuana, the state licensing authority in its discretion, upon application in the prescribed form made to it, may issue and grant to the applicant a license from any of the following classes, subject to the provisions and restrictions provided by this article: (c) Medical marijuana -infused products manufacturing license; and (c.5) MEDICAL MARIJUANA TESTING FACILITY LICENSE; AND SECTION 3. In Colorado Revised Statutes, 12-43.3-402, amend (6) as follows: 12-43.3-402. Medical marijuana center license. (6) A medical marijuana center may provide, EXCEPT AS REQUIRED BY SECTION 12-43.3-202 (2.5) (a) (I), a sample of its products to a labomto,ytlrat+am FACILITY THAT HAS A MEDICAL MARIJUANA TESTING FACILITY LICENSE from the state licensing authority for testing and research purposes. related to acceptable testinrz, alid tesew-ch placticc;,, incl ding but-rmt licensed medical lllw�awla-inf=d products . A MEDICAL MARIJUANA CENTER SHALL MAINTAIN A RECORD OF WHAT WAS PROVIDED TO THE TESTING FACILITY, THE IDENTITY OF THE TESTING FACILITY, AND THE RESULTS OF THE TESTING. SECTION 4. In Colorado Revised Statutes, 12-43.3-404, amend (10) as follows: 12-43.3-404. Medical marijuana -infused products manufacturing license. (10) A medical marijuana -infused products PAGE 3 -SENATE BILL 15-260 manufacturer may provide, EXCEPT AS REQUIRED BY SECTION 12-43.3-202 (2.5) (a) (I), a sample of its products to a laboratory that has 9t.11. occtipation"censc FACILITY THAT HAS A MEDICAL MARIJUANA TESTING FACILITY LICENSE from the state licensing authority for testing and research purposes. A MEDICAL MARIJUANA PRODUCTS MANUFACTURER SHALL MAINTAIN A RECORD OF WHAT WAS PROVIDED TO THE TESTING FACILITY, THE IDENTITY OF THE TESTING FACILITY, AND THE RESULTS OF THE TESTING. SECTION 5. In Colorado Revised Statutes, add 12-43.3-405 as follows: 12-43.3-405. Medical marijuana testing facility license - rules. (1) A MEDICAL MARIJUANA TESTING FACILITY LICENSE MAY BE ISSUED TO A PERSON WHO PERFORMS TESTING AND RESEARCH ON MEDICAL MARIJUANA FOR MEDICAL MARIJUANA LICENSEES. THE FACILITY MAY DEVELOP AND TEST MEDICAL MARIJUANA PRODUCTS. (2) THE STATE LICENSING AUTHORITY SHALL PROMULGATE RULES PURSUANT TO ITS AUTHORITY IN SECTION 12-43.3-202 (1) (b) RELATED TO ACCEPTABLE TESTING AND RESEARCH PRACTICES, INCLUDING BUT NOT LIMITED TO TESTING, STANDARDS, QUALITY CONTROL ANALYSIS, EQUIPMENT CERTIFICATION AND CALIBRATION, AND CHEMICAL IDENTIFICATION AND OTHER SUBSTANCES USED IN BONA FIDE RESEARCH METHODS. (3) A PERSON WHO HAS AN INTEREST IN A MEDICAL MARIJUANA TESTING FACILITY LICENSE FROM THE STATE LICENSING AUTHORITY FOR TESTING PURPOSES SHALL NOT HAVE ANY INTEREST IN A LICENSED MEDICAL MARIJUANA CENTER, A LICENSED OPTIONAL PREMISES CULTIVATION OPERATION, A LICENSED MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURER, A LICENSED RETAIL MARIJUANA STORE, A LICENSED RETAIL MARIJUANA CULTIVATION FACILITY, OR A LICENSED RETAIL MARIJUANA PRODUCTS MANUFACTURER. A PERSON THAT HAS AN INTEREST IN A LICENSED MEDICAL MARIJUANA CENTER, A LICENSED OPTIONAL PAGE 4 -SENATE BILL 15-260 PREMISES CULTIVATION OPERATION, A LICENSED MEDICAL MARIJUANA -INFUSED PRODUCTS MANUFACTURER, A LICENSED RETAIL MARIJUANA STORE, A LICENSED RETAIL MARIJUANA CULTIVATION FACILITY, OR A LICENSED RETAIL MARIJUANA PRODUCTS MANUFACTURER SHALL NOT HAVE AN INTEREST IN A FACILITY THAT HAS A MEDICAL MARIJUANA TESTING FACILITY LICENSE. SECTION 6. Act subject to petition - effective date. This act takes effect July 1, 2016; except that, if a referendum petition is filed pursuant to section 1(3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the PAGE 5 -SENATE BILL 15-260 general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. Bill L. Cadman PRESIDENT OF THE SENATE Cindi L. Markwell SECRETARY OF THE SENATE APPROVED Dickey Lee Hullinghorst SPEAKER OF THE HOUSE OF REPRESENTATIVES Marilyn Eddins CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO PAGE 6 -SENATE BILL 15-260 HOUSE BILL 16-1064 BY REPRESENTATIVES) Brown, Becker K., Fields, Ginal, Lebsock; also SENATOR(S) Roberts, Heath, Holbert, Jahn, Johnston, Kerr, Scott, Steadman. CONCERNING LOCAL LICENSING OF MEDICAL MARIJUANA TESTING FACILITIES. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 12-43.3-301, amend (1) (c); and add (1) (d) as follows: 12-43.3-301. Local licensing authority - applications - licenses. (l) A local licensing authority may issue only the following medical marijuana licenses upon payment of the fee and compliance with all local licensing requirements to be determined by the local licensing authority: AND (c) A medical marijuana -infused products manufacturing license; (d) A MEDICAL MARIJUANA TESTING FACILITY LICENSE. SECTION 2. Safety clause. The general assembly hereby finds, Attachment 2 Capital letters indicate new material added to existing statutes; dashes through words indicate deletions from existing statutes and such material not part of au. determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Dickey Lee Hullinghorst Bill L. Cadman PRESIDENT OF SPEAKER OF THE HOUSE OF REPRESENTATIVES THE SENATE a! Marilyn Edd' s CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES Effie Ameen SECRETARY OF THE SENATE APPROVED PgA__4 23 John W. ickenlooper j GOVER14OR OF THE STATE OF COLORADO PAGE 2 -HOUSE BILL 16-1064 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. _ Ordinance No. Series 2016 TITLE: AN ORDINANCE AMENDING SECTIONS 11-218,11-293, 11-401, 11-404, 11-415, 26-204 AND 26-640 OF THE WHEAT RIDGE CODE OF LAWS TO ADOPT REGULATIONS GOVERNING MEDICAL MARIJUANA TESTING FACILITIES WHEREAS, the City of Wheat Ridge ("City") 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, pursuant to the authority granted by Section 14, Article XVIII of the Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12, C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations governing medical marijuana establishments; and WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S., the Council previously adopted local regulations governing retail marijuana establishments; and WHEREAS, prior to July of 2016, state law authorized the licensure and operation of retail marijuana testing facilities, but not of medical marijuana testing facilities; and WHEREAS, through the adoption of Senate Bill 15-260, effective on July 1, 2016, the Colorado Legislature authorized the licensure and operation of medical marijuana testing facilities, including local authority to license and regulate those facilities; and WHEREAS, the City's existing marijuana regulations authorize and address retail marijuana testing facilities but are silent concerning medical marijuana testing facilities; and WHEREAS, the Council finds that the operation of medical marijuana testing facilities could be compatible with other authorized land uses within the City if the facilities are appropriately located, operated and monitored through regulatory oversight; and 1 Attachment 3 WHEREAS, the Council further finds that the operation of marijuana testing facilities in general promotes the public health, safety and welfare by providing objective evaluation and data concerning the potency, homogeneity and content of marijuana and marijuana products, including the potential presence of harmful solvents and contaminants; and WHEREAS, the Council therefore wishes to authorize the location and operation of medical marijuana testing facilities within the City under the same terms, conditions and regulatory oversight as retail marijuana testing facilities. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-218 of the Wheat Ridge Code of Laws ("Code"), concerning definitions applicable to medical marijuana establishment licensing, is hereby amended by the addition of the following new definition: MEDICAL MARIJUANA TESTING FACILITY SHALL MEAN A PREMISES LICENSED PURSUANT TO THE COLORADO MEDICAL MARIJUANA CODE TO OPERATE A BUSINESS AS DESCRIBED BY C.R.S. § 12-43.3-405. Section 2. Section 11-218 of the Code is further amended by amending the existing definition of 'medical marijuana establishment' as follows: Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana -infused product manufacturer, A MEDICAL MARIJUANA TESTING FACILITY or an optional premises cultivation operation. Section 3. Section 11-293 of the Code, concerning authorized types of local medical marijuana licenses, is hereby amended as follows: Sec. 11-293. - Types of medical marijuana licenses. The local licensing authority may issue the following three (3) types of medical marijuana licenses: (1) Medical marijuana center license; (2) Medical marijuana -infused products manufacturing license; (3) Optional premises cultivation license...- AND (4) MEDICAL MARIJUANA TESTING FACILITY LICENSE. Section 4. Section 11-401 of the Code, concerning definitions applicable to retail marijuana establishment licensing, is hereby amended by the addition of the following new definition: 2 MEDICAL MARIJUANA TESTING FACILITY SHALL MEAN A PREMISES LICENSED PURSUANT TO THE COLORADO MEDICAL MARIJUANA CODE TO OPERATE A BUSINESS AS DESCRIBED BY C.R.S. § 12-43.3-405. Section 5. Section 11-401 of the Code is further amended by amending the existing definition of 'medical marijuana establishment' as follows: Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana -infused product manufacturer, A MEDICAL MARIJUANA TESTING FACILITY or an optional premises cultivation operation. Section 6. Subsection 11-404(d) of the Code, concerning required licenses for marijuana establishments, is hereby amended as follows: (d) No person may operate a business within the city concerning the sale, use, consumption, manufacture, POSSESSION, STORAGE OR TESTING of marijuana unless specifically authorized pursuant to the provisions of this article OR ARTICLE XII OF THIS CHAPTER. Section 7. Section 11-415 of the Code, concerning the collocation of medical and retail marijuana establishments, is hereby amended as follows: Sec. 11-415. - Collocation of operations A medical marijuana establishment may share its existing licensed premises with a retail marijuana establishment as follows: (a) An optional premises cultivation operation and a retail marijuana cultivation facility may share their licensed premises in order to operate a dual cultivation business operation. (b) A medical marijuana -infused product manufacturer may apply to hold a retail marijuana product manufacturing facility license and operate a dual manufacturing business at a shared licensed premises. (c) A medical marijuana center may hold a retail marijuana store license and operate a dual retail business at a shared licensed premises. (D) A MEDICAL MARIJUANA TESTING FACILITY AND A RETAIL MARIJUANA TESTING FACILITY MAY SHARE A SINGLE LICENSED PREMISES TO OPERATE A DUAL TESTING FACILITY AT THE SAME LOCATION IF THE TWO ARE IDENTICALLY OWNED. 3 Section 8. Section 26-204 of the Code, concerning the zone district use schedule, is hereby amended by amending the "Table of Uses — Commercial and Industrial Uses" by the addition of the following new row, to read in its entirety as follows: Uses Note NC RC C-1 C-2 I -E MEDICAL P P MARIJUANA TESTING FACILITY Section 9. Subsection 26-640.C. of the Code, concerning supplementary zoning regulations for marijuana, is hereby amended as follows: C. Except as provided for in articles XII and XIII of chapter 11 of this Code, cultivation, drying, processing, manufacture, TESTING and storage of marijuana may not occur in any non-residential structure. Section 10. Severability Conflicting Ordinances Repealed. 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. Section 11. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2016, 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 , 2016, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to , this day of , 2016. SIGNED by the Mayor on this day of ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor Ell .2016. Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. - 2016 Ordinance No. Series 2016 TITLE: AN ORDINANCE AMENDING SECTIONS 11-218, 11-293, 11-401, 11-404, 11-415, 26-204 AND 26-640 OF THE WHEAT RIDGE CODE OF LAWS TO ADOPT REGULATIONS GOVERNING MEDICAL MARIJUANA TESTING FACILITIES WHEREAS, the City of Wheat Ridge ("City") 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, pursuant to the authority granted by Section 14, Article XVIII of the Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12, C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations governing medical marijuana establishments; and WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S., the Council previously adopted local regulations governing retail marijuana establishments; and WHEREAS, prior to July of 2016, state law authorized the licensure and operation of retail marijuana testing facilities, but not of medical marijuana testing facilities; and WHEREAS, through the adoption of Senate Bill 15-260, effective on July 1, 2016, the Colorado Legislature authorized the licensure and operation of medical marijuana testing facilities, including local authority to license and regulate those facilities; and WHEREAS, the City's existing marijuana regulations authorize and address retail marijuana testing facilities but are silent concerning medical marijuana testing facilities; and WHEREAS, the Council finds that the operation of medical marijuana testing facilities could be compatible with other authorized land uses within the City if the facilities are appropriately located, operated and monitored through regulatory oversight; and 1 s - WHEREAS, the Council further finds that the operation of marijuana testing facilities in general promotes the public health, safety and welfare by providing objective evaluation and data concerning the potency, homogeneity and content of marijuana and marijuana products, including the potential presence of harmful solvents and contaminants; and WHEREAS, the Council therefore wishes to authorize the location and operation of medical marijuana testing facilities within the City under the same terms, conditions and regulatory oversight as retail marijuana testing facilities. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-218 of the Wheat Ridge Code of Laws ("Code"), concerning definitions applicable to medical marijuana establishment licensing, is hereby amended by the addition of the following new definition: MEDICAL MARIJUANA TESTING FACILITY SHALL MEAN A PREMISES LICENSED PURSUANT TO THE COLORADO MEDICAL MARIJUANA CODE TO OPERATE A BUSINESS AS DESCRIBED BY C.R.S. § 12-43.3-405. Section 2. Section 11-218 of the Code is further amended by amending the existing definition of `medical marijuana establishment' as follows: Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana -infused product manufacturer, A MEDICAL MARIJUANA TESTING FACILITY or an optional premises cultivation operation. Section 3. Section 11-293 of the Code, concerning authorized types of local medical marijuana licenses, is hereby amended as follows: Sec. 11-293. - Types of medical marijuana licenses. The local licensing authority may issue the following three (3) types of medical marijuana licenses: (1) Medical marijuana center license; (2) Medical marijuana -infused products manufacturing license; -and (3) Optional premises cultivation license-; AND (4) MEDICAL MARIJUANA TESTING FACILITY LICENSE. Section 4. Section 11-401 of the Code, concerning definitions applicable to retail marijuana establishment licensing, is hereby amended by the addition of the following new definition: 2 MEDICAL MARIJUANA TESTING FACILITY SHALL MEAN A PREMISES LICENSED PURSUANT TO THE COLORADO MEDICAL MARIJUANA CODE TO OPERATE A BUSINESS AS DESCRIBED BY C.R.S. § 12-43.3-405. Section 5. Section 11-401 of the Code is further amended by amending the existing definition of `medical marijuana establishment' as follows: Medical marijuana establishment shall mean a medical marijuana center, a medical marijuana -infused product manufacturer, A MEDICAL MARIJUANA TESTING FACILITY or an optional premises cultivation operation. Section 6. Subsection 11-404(d) of the Code, concerning required licenses for marijuana establishments, is hereby amended as follows: (d) No person may operate a business within the city concerning the sale, use, consumption, manufacture, POSSESSION, STORAGE OR TESTING of marijuana unless specifically authorized pursuant to the provisions of this article OR ARTICLE XII OF THIS CHAPTER. Section 7. Section 11-415 of the Code, concerning the collocation of medical and retail marijuana establishments, is hereby amended as follows: Sec. 11-415. - Collocation of operations. A medical marijuana establishment may share its existing licensed premises with a retail marijuana establishment as follows: (a) An optional premises cultivation operation and a retail marijuana cultivation facility may share their licensed premises in order to operate a dual cultivation business operation. (b) A medical marijuana -infused product manufacturer may apply to hold a retail marijuana product manufacturing facility license and operate a dual manufacturing business at a shared licensed premises. (c) A medical marijuana center may hold a retail marijuana store license and operate a dual retail business at a shared licensed premises. (D) A MEDICAL MARIJUANA TESTING FACILITY AND A RETAIL MARIJUANA TESTING FACILITY MAY SHARE A SINGLE LICENSED PREMISES TO OPERATE A DUAL TESTING FACILITY AT THE SAME LOCATION IF THE TWO ARE IDENTICALLY OWNED. 3 Section 8. Section 26-204 of the Code, concerning the zone district use schedule, is hereby amended by amending the "Table of Uses — Commercial and Industrial Uses" by the addition of the following new row, to read in its entirety as follows: Uses Note NC RC C-1 C-2 PE MEDICAL P P MARIJUANA TESTING FACILITY Section 9. Subsection 26-640.C. of the Code, concerning supplementary zoning regulations for marijuana, is hereby amended as follows: C. Except as provided for in articles XII and XIII of chapter 11 of this Code, cultivation, drying, processing, manufacture, TESTING and storage of marijuana may not occur in any non-residential structure. Section 10. Severability, Conflicting Ordinances Repealed. 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. Section 11. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2016, 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 , 2016, at 7:00 p.m., in the Council Chambers, 7500 West 29t" Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2016. SIGNED by the Mayor on this day of , 2016. ATTEST: Janelle Shaver, City Clerk Joyce Jay, Mayor 11 Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: