HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/21/2021 - RESOLUTION 2021-085 SUPPORTING A GRANT APPLICATION Agenda Item 15
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AGENDA ITEM SUMMARY September 21, 2021
City Council
STAFF
Jim Lenderts, Marijuana Enforcement Officer
Adam Stephens, Legal
SUBJECT
Resolution 2021-085 Supporting a Grant Application for Gray and Black Market Marijuana Enforcement
Funding for Fort Collins Police Services.
EXECUTIVE SUMMARY
The purpose of this item is to obtain Council support for the City to apply for grant money to support
enforcement of gray- and black- market marijuana activity for Fort Collins Police Services.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
“Gray Market” is a term that refers to marijuana grown legally then sold in a way that would be illegal. An
example would be where someone has a medical card with an “extended plant count” which may allow them to
grow up to 99 plants, but instead of using the product for their own medical needs, they sell it on the black
market either locally or more likely to someone in another state.
For the past four years, t he State has made grant funding available to help address unlicensed and illegal
marijuana activity in Colorado. In 2019, the Eighth Judicial District Attorney’s Office was awarded
approximately $120,000 in grant funds to which Police Services had access. Some of these dollars were used
to acquire long-term storage for evidence seized in black- market investigations. Additional funds were used to
provide staff to investigate cases and dismantle black -market grow operations in Fort Collins neighborhoods
and regionally.
In 2020, Police Services directly applied for and received $345,227 to continue local neighborhood marijuana
investigations. Grant dollars helped provide additional resources to existing staff without having a direct impact
on the City budget. Funds were used primarily for overtime, equipment and storage expenses to support these
investigations.
In 2021, Police Services again applied for this grant and received $41,564 to continue the ongoing
investigations noted above. In addition, Police Services began receiving and investigating complaints of the
sale of unregulated Delta-8 THC to minors at local smoke shops (not licensed marijuana businesses). Black
market grant money was used to fund those investigations and begin regulatory inspections of commercial
establishments relative to recent code changes involving the sale of smoking and vaping products to minors.
This effort will continue if grant funding is procured for 2022.
Investigations completed to date have not only addressed criminal ac tivity but also improved neighborhood
livability and provided insight into the level of unlicensed/illegal marijuana activity in the community. With
Agenda Item 15
Item # 15 Page 2
additional insight and knowledge, Police Services can address staffing needs and priorities through both
current assignments and future budget offers.
CITY FINANCIAL IMPACTS
Support of this Resolution does not impact City finances and allows Police Services to apply to the State for
these grant dollars. If the grant is awarded, the City will serve as the fisc al agent for the funds and will seek an
appropriation at that time.
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RESOLUTION 2021-085
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUPPORTING A GRANT APPLICATION FOR GRAY AND BLACK MARKET
MARIJUANA ENFORCEMENT FUNDING FOR FORT COLLINS POLICE SERVICES
WHEREAS, Fort Collins Police Services (“FCPS”) is applying for a grant through the
Gray and Black Market Marijuana Enforcement Grant Program (the “Program”) from the State
of Colorado Department of Local Affairs (“DOLA”) to fund investigation and prosecution of
unlicensed marijuana cultivation and distribution operations (the “Project”); and
WHEREAS, the Program provides financial assistance to local law enforcement agencies
and district attorneys through local governments; and
WHEREAS, the total amount of grant money to be dispersed statewide by DOLA
amongst applicant agencies and district attorneys is $900,000 for FY 2022-2023 Program
funding; and
WHEREAS, until submittal of an application, FCPS does not know the amount that may
be awarded; and
WHEREAS, in FY 2021-2022, FCPS received $41,564 from the Program; and
WHEREAS, in 2021, Police Services began receiving and investigating complaints of the
sale of unregulated Delta-8 THC to minors at local smoke shops (not licensed marijuana
businesses); and
WHEREAS, black-market grant money was used to fund those investigations and begin
regulatory inspections of commercial establishments relative to recent Code changes involving
the sale of smoking and vaping products to minors, and this effort will continue if grant funding
is procured for 2022; and
WHEREAS, the current Program expires on June 30, 2022, and Police Services
recommends the continuation of the above referenced grey- and black-market marijuana
investigations; and
WHEREAS, FCPS has utilized money from this program to acquire long -term evidence
storage units for illegal black-market marijuana, and for an increase in staffing to help with
investigations of black-market grow operations in the City; and
WHEREAS, as part of the Program grant application process, DOLA requires that the
governing body of any entity applying for grant funds pass a resolution to show that it is aware
of and supports the application, and recognizes the obligations the grant creates; and
WHEREAS, the City would not be required to provide any matching funds toward the
Project; and
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WHEREAS, the grant money would allow FCPS to continue to improve neighborhood
livability and provide insight into the extent of the problems associated with unlicensed, illegal
marijuana activity in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby supports the City’s FY 2022-2023
application for a grant through the Program from DOLA to fund the Project; and
Section 3. That if the grant is awarded, the City Council supports the completion of
the Project.
Passed and adopted at a regular meeting of the Council of the City of Fort Coll ins this
21st day of September, A.D. 2021.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk