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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/13/2011 - DISCUSSION OF THE IMPLEMENTATION STEPS RELATED TODATE: December 13, 2011 STAFF: Jerry Schiager, Ginny Sawyer and the Medical Marijuana Staff Team Pre-taped staff presentation: available at fcgov.com/clerk/agendas.php WORK SESSION ITEM FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Discussion of the Implementation Steps Related to the November 1, 2011, Adoption of the Citizen Initiated Ordinance Prohibiting Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana Infused Product Manufacturers From Operating Within the City Limits. EXECUTIVE SUMMARY A citizen initiated ordinance to prohibit the operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana-Infused Product Manufacturing within the City of Fort Collins Corporate Limits was approved by the voters on November 1, 2011. The Larimer County Clerk and Recorder has certified the election results and the 90 day period during which these businesses can remain open will end on February 14, 2012. Therefore, all businesses must be closed by February 14, 2012. Staff has notified all license holders of the February 14, 2012 deadline and has received many questions regarding implementation of the ban from the licensees. License holders were asked to work with Police Services regarding their closing dates and to schedule final inspections of all locations. Staff has also consulted with the State Medical Marijuana Enforcement Division (MMED) to obtain assistance with product forfeiture/seizure and disposal. In the near future, staff will be bring forth an ordinance regarding the citizen-approved prohibition of all medical marijuana businesses within Fort Collins. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED • Does Council have any questions regarding the implementation of the medical marijuana ban? BACKGROUND / DISCUSSION Implementation As of November 2011, the City of Fort Collins had 20 licensed medical marijuana businesses. All license holders were notified in November of the February 14, 2012 deadline to cease operation. December 13, 2011 Page 2 Businesses whose license renewals were due or are coming due were also notified and all but one paid the renewal fee. The one who did not renew has ceased operation. Staff has asked each business owner to notify the City of its closing date and to coordinate with Police Services to arrange a final inspection date. The City will work with the State of Colorado Medical Marijuana Enforcement Division (MMED) as needed and in particular when plants or products will be forfeited/seized. Article II, Section 9 of the Charter requires that all permanent ordinances be codified and therefore staff will be bringing an ordinance for Council consideration to effectuate that codification. Patient/Caregivers The ballot initiative approved by the voters does not affect the rights of patients and caregivers as set forth in Article XVIII, Section 14 of the Colorado Constitution (Amendment 20), nor does it affect other patient and caregiver provisions subsequently enacted as State law. It also does not eliminate or affect the City’s current City Code provisions that pertain to patients and caregivers as shown below: Sec. 15-500. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Patient shall mean a person who has a debilitating medical condition as defined in Article XVIII, Section 14 of the Colorado Constitution. Primary caregiver shall mean a person, other than the patient and the patient's physician, who is eighteen (18) years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. Sec. 15-501. Limitations. Primary caregivers who cultivate, possess or dispense medical marijuana for use by patients, and patients who cultivate or possess medical marijuana for their own medical use, shall be subject to the following limitations: (1) All cultivation of medical marijuana shall be conducted entirely within a building or other fully enclosed structure. (2) Not more than twelve (12) marijuana plants, including no more than six (6) mature plants, may be cultivated or kept within, or on the same legal parcel as, any single-family dwelling. In no event shall a patient or primary caregiver keep, cultivate, grow or process more medical marijuana than such person is entitled to possess under Article XVIII, Section 14 of the Colorado Constitution. December 13, 2011 Page 3 ATTACHMENTS 1. Questions Received from Citizens and Council 2. Department of Public and Health and Environment Medical Use of Marijuana 5 CCR 1006- (The entire document has been provided. Regulations 9-11 concern primary caregivers.) 3. Powerpoint Presentation ATTACHMENT 1 Questions Received Regarding Implementation Staff has received the following questions from license holders and the public:  Can sale amounts to other licensed Centers be waived to help reduce inventory? o Our current ordinance prohibits the sale of any marijuana plant, clone, or seedling over 8 inches in height. It also restricts the sale of product to no more than 2 oz per week to patients and no more than 8 oz per week to another licensed center. Sales at the optional premise cultivation locations are prohibited.  Will the City return any portion of renewal fees paid during the 90 day closure deadline? o Our currently existing licensing mechanism requires an annual renewal with the following associated costs: $100 renewal fee $700 annual inspection fee There are 18 license locations that needed to be renewed or will need to be renewed between November 1, 2011 and February 14, 2012. Those owners have asked for consideration in rebating a portion of the annual inspection fee. An inspection will be performed at these, and all, locations to ensure closure and disposal of product and equipment has occurred.  Will current cultivation locations be available for caregiver grows? o This would not be allowed under current zoning. ATTACHMENT 2 1 1 Medical Marijuana Ban Implementation City Council Work Session December 13, 2011 2 Does Council have any questions regarding the implementation of the medical marijuana ban? Council Consideration ATTACHMENT 3 2 3 Ban Implementation A citizen initiated measure prohibiting the operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana‐Infused Product Manufacturing within the City of Fort Collins Corporate Limits was approved by the voters on November 1, 2011. 4 Medical marijuana businesses must cease operation by February 14, 2012. Schedule final inspections with Police Services. Police Services working with the Medical Marijuana Enforcement Division on closures and taking of any plants or product. Ban Implementation 3 5 Ban Implementation City had 22 license holders in November 2011. All have been notified of February 14, 2012 deadline. One business has already ceased operation and completed their inspection. 6 Ban Implementation The ballot initiative does not eliminate the 12 plant limit in residential units. Staff will be bringing forward an ordinance to codify the ballot language in the near future. 4 7 Council Considerations Does Council have any questions regarding the implementation of the medical marijuana ban?