HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/07/2012 - ITEMS RELATING TO MEDICAL MARIJUANA (STAFF: SAWYERDATE: February 7, 2012
STAFF: Ginny Sawyer, Jerry Schiager
Medical Marijuana Staff Team
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 17
SUBJECT
Items Relating to Medical Marijuana.
A. First Reading of Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15, Division 1, Article XVI of
the City Code Relating to Medical Marijuana.
B. First Reading of Ordinance No. 010, 2012, Amending the Land Use Code to Delete All References to Medical
Marijuana Businesses.
C. First Reading of Ordinance No. 011, 2012 Amending Chapter 15, Article XVII of the City Code to Add
Additional Provisions Regarding Medical Marijuana Patients and Primary Caregivers.
EXECUTIVE SUMMARY
These Ordinances address actions needed as a result of the citizen initiated and voter approved ban on medical
marijuana related business.
Ordinance No. 009, 2012, repeals the sections of the Code that were enacted to license and regulate such businesses
and reenacts those provisions in a manner consistent with the adopted ballot language. The new language bans all
medical marijuana business in the City as of 12:01 am, February 15, 2012.
Ordinance No. 010, 2012, addresses changes specific to the Land Use Code. It deletes such businesses from the
list of permitted uses in Article 4, deletes definitions from Article 5, and deletes all references in Articles 1 and 3.
Ordinance No. 011, 2012, adds certain provisions to the Code sections dealing with primary caregivers and their
patients.
BACKGROUND / DISCUSSION
A citizen initiated measure 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. All such businesses must close on or before February 14, 2012.
The three Ordinances presented bring consistency to both the City Code and the Land Use Code as the City moves
forward in implementing the ban on medical marijuana related businesses.
Changes are also being made to the provisions dealing with primary caregivers and medical marijuana patients. These
provisions would state that:
- any person who violates the regulations dealing with patients and primary caregivers commits a misdemeanor
criminal offense;
- the fact that the City is regulating the use of medical marijuana by patients and primary caregivers should not
be construed as creating an exception, defense or immunity for those persons under federal law; and
- if any of the provisions dealing with patients and primary caregivers is invalidated by a court, that holding shall
not affect the validity of the remaining provisions.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
February 7, 2012 -2- ITEM 17
BOARD / COMMISSION RECOMMENDATION
At its regular meeting on January 19, 2012, as part of its Consent Agenda, the Planning and Zoning Board voted
unanimously to recommend that City Council adopt Ordinance No. 010, 2012, amending the Land Use Code.
ATTACHMENTS
1. Powerpoint presentation
1
1
Three Proposed Ordinances
Related to the
Medical Marijuana Ban
City Council Meeting
February 7, 2012
Agenda Item 17
2
Proposed Ordinances
Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15,
Division 1, Article XVI of the City Code Relating to Medical
Marijuana.
Ordinance No. 010, 2012, Amending the Land Use Code to Delete
Medical Marijuana Businesses from the Definitions, Permitted
Use List, and Other References.
Ordinance No. 011, 2012, Amending Chapter 15, Article XVII of
the City Code to Add Additional Provisions Regarding Medical
Marijuana Patients and Primary Caregivers.
ATTACHMENT 1
2
3
Background
Voters approved a measure banning all medical
marijuana related businesses in Fort Collins.
All businesses must cease operations by February 14,
2012.
Ordinances address changes necessary due to the ban.
4
Repeals the sections of the City Code that
were enacted to regulate such businesses and
reenacts the chapter provisions in a manner
consistent with the adopted ballot language.
Ordinance No. 009, 2012
3
5
Ordinance No. 010, 2012
Addresses changes specific to the Land Use
Code. This Ordinance will delete such
businesses from the permitted use lists in
Article 4, delete definitions from Article 5, and
delete all references in Articles 1 and 3.
6
Ordinance No. 011, 2012
Clarifies and adds State regulations specific to
primary caregivers and their patients and the
release of liability for the City of Fort Collins.
4
7
Proposed Ordinances
Bring consistency to both the Municipal Code and the
Land Use Code as the City moves forward in enacting a
ban on medical marijuana related businesses.
Including primary caregiver and medical marijuana
patient provisions allows for more effective local
enforcement.
8
Discussion
ORDINANCE NO. 009, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING CHAPTER 15, DIVISION 1, ARTICLE XVI
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO MEDICAL MARIJUANA
WHEREAS, in 2010 and 2011, the City Council adopted a series of ordinances adopting and
revising a comprehensive system for licensing and regulating medical marijuana businesses in the
City; and
WHEREAS, a majority of the registered electors of the City that cast votes in the November
1, 2011 City election approved a citizen-initiated ordinance banning medical marijuana businesses
in the City limits, with the ban to take effect 90 days after the date of certification of the results of
the election; and
WHEREAS, on November 16, 2011, the results of the City’s special election were certified,
which, under the citizen initiated ordinance, set the date by which all medical marijuana businesses
must cease operation within the City as February 14, 2012, at midnight; and
WHEREAS, Article II, Section 9 of the City Charter requires that all permanent ordinances
of the City be codified; and
WHEREAS, accordingly, staff has recommended that Chapter 15, Division 1, Article XVI
of the Code be repealed and reenacted consistent with the wishes of the registered electors.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Sections 15-450 through 15-493 of Article XVI, Division 1 of the Code
of the City of Fort Collins are hereby repealed and the following sections reenacted to read as
follows:
ARTICLE XVI.
MEDICAL MARIJUANA
DIVISION 1. IN GENERAL
Sec. 15-450. Title; purpose.
(a) This Division shall be known and cited as the “Fort Collins Medical
Marijuana Ordinance.”
(b) The provisions of this Division have been enacted by the City Council for
the purpose of implementing and codifying that certain citizen-initiated ordinance
adopted by the registered electors of the city as Question 300 at the November 1,
2011, special election.
Sec. 15-451. Medical marijuana businesses prohibited.
As of 12:01 am on February 15, 2012, no person shall operate a medical
marijuana business in the city. For the purposes of this provision, medical marijuana
business shall mean a medical marijuana center, optional premises cultivation
operation, or medical marijuana-infused products manufacturer as defined in the
Colorado Medical Marijuana Code.
Sec. 15-452. Violations and penalties.
Any person who violates any of the provisions of this Division shall be guilty of
a misdemeanor punishable in accordance with § 1-15.
Secs. 15-453 - 15-499. Reserved.
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012., and to be presented for final passage on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
ORDINANCE NO. 010, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE TO DELETE ALL
REFERENCES TO MEDICAL MARIJUANA BUSINESSES
WHEREAS, on November 1, 2011, the voters of the City approved a citizen-initiated
ordinance that requires all medical marijuana businesses to cease operations in the City on or
before February 14, 2012; and
WHEREAS, the Land Use Code currently defines three types of medical marijuana
businesses in Article 5 and lists them as permitted uses in a number of zoning districts in Article
4; and
WHEREAS, additional references and regulations pertaining to medical marijuana
businesses are contained in Articles 1 and 3 of the Land Use Code; and
WHEREAS, because these uses will, as of February 14, 2012, be prohibited in the City,
staff has, with the concurrence of the Planning and Zoning Board, prepared an ordinance for the
purpose of deleting from the Land Use Code all of these references to medial marijuana
businesses; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Land Use Code be amended to delete all references to medical marijuana businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 1.3.4(A) of the Land Use Code is hereby amended to read as
follows:
1.3.4 Addition of Permitted Uses
. . .
(4) Such use is compatible with the other listed permitted uses in the zone district
to which it is added;.
(5) Such use is not a medical marijuana dispensary or a medical marijuana
cultivation facility;
Section 2. That Section 3.8.3(10) of the Land Use Code is hereby amended to read as
follows:
2
3.8.3 Home Occupations
A home occupation shall be allowed as a permitted accessory use, provided that all of the
following conditions are met:
. . .
(h) medical marijuana businesses ("MMBs"), as defined in Section 15-451
of the City Code, except that those MMBs that were issued a home
occupation license by the City prior to December 11, 2009, may
continue to operate as an office use for two (2) years from the date of
issuance of such license; provided that no medical marijuana in any
form is kept on the premises of such business and there is no
cultivation of marijuana plants on such premises upon the expiration of
ten (10) calendar days after the date that any of the following events
occurs: (i) the owner of the MMB fails to apply, on or before June 30,
2010, for a MMB license as required by Section 15-452 of the City
Code and Section 4 of Ordinance No. 025, 2010; (ii) such an
application is timely filed and is denied by the City; or (iii) such an
application is timely filed and a provisional MMB license is issued by
the City pursuant to Section 7 of Ordinance No. 025, 2010.
Section 3. That the table contained in Section 4.16(B)(2(C) of the Land Use Code is
hereby amended to read as follows:
Land Use Old City Center Canyon Avenue Civic Center
C. COMMERCIAL
. . .
Medical marijuana centers BDR BDR BDR
. . .
Section 4. That Section 4.17(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
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2. Medical marijuana-infused product manufacturers.
Section 5. That Section 4.18(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
Section 6. That Section 4.19(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused product manufacturers.
Section 7. That Section 4.20(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
Section 8. That Section 4.21(B)(2)C of the Land Use Code is hereby amended to
read as follows:
(B) Permitted Uses.
. . .
4
C. COMMERCIAL/RETAIL
. . .
Medical marijuana centers Not permitted BDR
. . .
Section 9. That Section 4.22(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused product manufacturers.
Section 10. That Section 4.24(B)D of the Land Use Code is hereby amended to read as
follows:
(B) Permitted Uses.
. . .
D. INDUSTRIAL Riverside Area All Other Areas
. . .
Medical marijuana optional premises cultivation operations Not permitted BDR
Medical marijuana-infused product manufacturers Not permitted BDR
Section 11. That Section 4.28(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
(f) Industrial Uses:
5
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused product manufacturers.
Section 12. That the definitions “Medical marijuana center”, “Medical marijuana-
infused products manufacturer” and “Medical marijuana optional premises cultivation
operation” contained in Section 5.1.2 of the Land Use Code are hereby deleted as follows:
Medical marijuana center shall mean a person licensed pursuant to Title 12, Article 43.3,
C.R.S., to operate a business as directed in Section 12-43-402, C.R.S., that sells medical
marijuana to registered patients or primary caregivers as defined in Section 14 of Article
XVIII of the State Constitution, but is not a primary caregiver.
Medical marijuana-infused products manufacturer shall mean a person licensed pursuant
to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-
403, C.R.S.
Medical marijuana optional premises cultivation operation shall mean a person licensed
pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section
12-43.3-404, C.R.S.
Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
ORDINANCE NO. 011, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE XVII OF THE CODE
OF THE CITY OF FORT COLLINS TO ADD ADDITIONAL PROVISIONS
REGARDING MEDICAL MARIJUANA PATIENTS AND PRIMARY CAREGIVERS
WHEREAS, Chapter 15, Article XVII of the City Code establishes limitations for medical
marijuana patients and primary caregivers in the City; and
WHEREAS, Chapter 15, Division 1, Article XVI of the City Code authorizes the licensing
and regulation of medical marijuana businesses; and
WHEREAS, on November 1, 2011, a majority of the registered electors of the City approved
a citizen-initiated ordinance that, in effect, requires medical marijuana centers, optional premises
cultivation operations, and medical marijuana infused products manufacturers to cease operation
within the City limits on or before February 14, 2012; and
WHEREAS, several provisions currently contained in Chapter 15, Division 1, Article XVI
of the City Code are also applicable to medical marijuana patients and primary caregivers; and
WHEREAS, the City Council therefore believes it to be in the best interests of the City to
modify this article of the City Code to incorporate those provisions.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 15, Article XVII of the Code of the City of Fort Collins is hereby amended
to read as follows:
ARTICLE XVII.
MEDICAL MARIJUANA PATIENTS AND
PRIMARY CAREGIVERS
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.
(3) 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.
Sec. 15-502. Violations and penalties.
Any person, including, but not limited to, any medical marijuana patient or
primary caregiver who violates any of the provisions of this Article, shall be guilty
of a misdemeanor punishable in accordance with § 1-15 of this Code.
Sec. 15-503. No defense or immunity.
The practice of providing medical marijuana pursuant to this Article shall not
be deemed to create an exception, defense or immunity to any person in regard to
any potential criminal liability the person may have under federal law for the
cultivation, possession, sale, distribution or use of marijuana
Sec. 15-504. Severability.
If any section, sentence, clause, phrase, word or other provision of this Article
is for any reason held to be unconstitutional or otherwise invalid, such holding shall
not affect the validity of the remaining sections, sentences, clauses, phrases, words
or other provisions of this Article or the validity of this Article as an entirety, it being
the legislative intent that this Article shall stand, notwithstanding the invalidity of
any section, sentence, clause, phrase, word or other provision.
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Introduced, considered favorably on first reading, and ordered published this 7th day of
February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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