HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/21/2012 - ITEMS RELATING TO MEDICAL MARIJUANADATE: February 21, 2012
STAFF: Ginny Sawyer, Jerry Schiager
Medical Marijuana Staff Team
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 25
SUBJECT
Items Relating to Medical Marijuana.
A. Second Reading of Ordinance No. 009, 2012, Repealing and Reenacting Chapter 15, Division 1, Article XVI
of the City Code Relating to Medical Marijuana.
B. Second Reading of Ordinance No. 010, 2012, Amending the Land Use Code to Delete All References to
Medical Marijuana Businesses.
C. Second 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 (Option A or Option B).
EXECUTIVE SUMMARY
On Second Reading of Ordinance No. 011, 2012, staff is presenting two options for Council to consider that deal with
the cultivation of medical marijuana in dwelling units that are located in two-family and multi-family dwellings and their
accessory structures. Option A would impose the same twelve-plant limit for such structures that applies to single-
family dwellings. Option B would entirely prohibit the cultivation of medical marijuana in such structures. Staff is
recommending Option A pending further review of the issue.
At Council’s direction, staff is also exploring a possible amendment to Ordinance No. 010, 2012, which deals with the
permitted uses in various zone districts in the City. This Ordinance, if adopted “as is” on Second Reading, will
eliminate all references to medical marijuana businesses in the Land Use Code, thereby also eliminating any zone
districts in which the cultivation medical marijuana is specifically permitted. The practical effect of this will be to leave
only residential dwelling units as permissible locations for such cultivation. Staff believes that it will be able to present
a recommendation to the Council on this subject within the next four to six months, following a public outreach process
and review by the Planning and Zoning Board.
These Ordinances were unanimously adopted on First Reading on February 7, 2012.
BACKGROUND
When Council approved these ordinances on First Reading, it gave staff direction to explore two possible changes on
Second Reading. The first had to do with Ordinance No. 011, 2012, which contains certain regulations pertaining to
the cultivation of medical marijuana by primary caregivers and patients. The Code section that contains these
regulations, Section 15-501, limits the number of plants that can be cultivated or kept within, or on the same legal
parcel as, a single-family dwelling to twelve plants, only six of which may be mature. However, the Code is silent as
to whether cultivation activities may be undertaken in two-family and multi-family dwellings and their accessory
structures.
When staff first presented this Code section to Council for adoption in March of 2011, staff recommended that the
cultivation of medical marijuana in these kinds of structures be prohibited. However, the Council decided against
adopting such a prohibition and instead amended the ordinance on second reading to delete the proposed prohibition,
thus leaving the Code silent with regard to cultivation in such structures.
On Second Reading staff has presented for Council’s consideration two options for dealing with this subject. Option
A would impose the same twelve-plant limit for dwelling units in two-family and multi-family dwellings and their
accessory structures as exists for single-family dwellings. Option B would ban cultivation in such structures as
recommended in March 2011. Staff recommends adoption of Option A. The reason for this recommendation is to
ensure that, pending further study, all patients and primary caregivers have the same opportunity to cultivate at their
residences.
February 21, 2011 -2- ITEM 25
The second issue that staff has been directed to pursue has to do with the areas of the City in which medical marijuana
may be cultivated by primary caregivers and patients. In response to the voter-approved ban on medical marijuana
businesses that went into effect February 14, 2012, Ordinance No. 010, 2012, amends the City’s Land Use Code to
delete all references to such businesses. The effect of this amendment to the LUC is that residential dwelling units
will now be the only locations in the City where medical marijuana may be cultivated. At the hearing on First Reading,
several primary caregivers and one of their representatives asked that Council reconsider this situation and make
available additional areas in the City where they and their patients may lawfully cultivate medical marijuana.
Because any additional amendment to the LUC dealing with this issue would require review by the Planning and
Zoning Board, and because additional research and outreach will need to be conducted in order for staff to formulate
a recommendation on this subject, no other amendments to Ordinance No. 010, 2012, are being recommended at this
time. Instead, staff intends to return to Council with a recommendation within the next four to six months. At that point
in time, staff will present a comprehensive recommendation to the Council with regard to a system of regulation for
the cultivation of medical marijuana by primary caregivers and patients.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - February 7, 2012 (w/o attachments)
2. Medical Marijuana Timeline
3. Powerpoint presentation
MMJ Timeline
In late 2009 Medical Marijuana (MMJ) dispensaries and home businesses came to the attention of City
staff. There were no local or State regulations in place and therefore people were growing in their
homes (any amount legal to them under amendment 20), opening dispensaries (as commercial retail),
and operating grows in warehouse environments (as a light industrial use.)
Without regulation and definitions, if police were called to investigate a grow there was not much they
could do if the home owner or occupant showed paperwork for patients and their associated plant
counts which at a minimum could be 36 plants and could be more if a doctor recommended more than
6 plants for any one patient.
In December 2009 Council passed a 3 month moratorium on any new MMJ licenses (which at that time
meant a sales tax license.)
January 2010‐public outreach included individual interviews with MMJ business operators, focus groups
with patients, business operators, community members, and a public open house. The LUC changes
went to the Planning and Zoning Board February 18, 2010.
February 9, 2010‐Council work session
March 2, 2010‐ staff took the first licensing ordinance and Land Use Code (LUC) amendments to Council.
This ordinance also included the 12 plant limit. The LUC amendments, for the first time, defined MMJ
businesses. Prior to this time, a dispensary was considered to be a retail store and a cultivation facility
was considered a light industrial use. The intent of both ordinances was to effectuate the Colorado
Medical Marijuana Code which regulates the retail businesses ‐‐ not caregivers.
March 16, 2010‐Second Reading, included numerous clarifying changes.
April 20, 2010‐First Reading of three ordinances addressing location requirements, combined dispensary
and cultivation facilities, and clarifying existing businesses eligible for licensing.
May 4, 2010‐Second Reading
June 1, 2010‐First Reading of an ordinance addressing MMJ business models and maintaining “existing
businesses.”
June 15, 2010‐Second Reading
August 17, 2010‐First Reading of a resolution postponing a grandfathering decision and an ordinance
amending our Code to be consistent with State Code.
September 7, 2010‐Second Reading.
February 22, 2011‐First Reading of 3 ordinances addressing continued operation (grandfathering),
amendments to existing licensing regulations to bring local provisions in line with State law, and
associated changes to the LUC.
March 15, 2011‐Second Reading with amendments.
Staff can provide Agenda Items for all meetings if further detail and background is needed.
ATTACHMENT 2
1
1
Second Reading
Proposed Ordinances
Related to the
Medical Marijuana Ban
City Council Meeting
February 21, 2012
Agenda Item 25
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 3
2
3
Background
All three ordinances were approved on First Reading.
Staff is bringing two options related to Ord. No. 011.
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. 010, 2012
Will limit cultivation by caregivers and patients
to residential units.
Staff will undertake research and outreach and
present a recommendation as to whether any
other locations should be made available for
non‐commercial grows.
4
7
Ordinance No. 011, 2012
Clarifies regulations applicable to primary
caregivers and their patients.
8
Option A
Up to 12 plants allowed in single‐family dwelling units
and in dwelling units located in two‐family and multi‐
family dwellings.
Option B:
No cultivating in two‐family and multi‐family dwellings
or accessory structures.
Ordinance No. 011, 2012
5
9
Recommendation
Staff recommends approval of all three
ordinances with Option ““AA”” for
Ordinance No. 011, 2012
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, required 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, the closure of those businesses has occurred; 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; and
WHEREAS, in addition, the City Code provisions pertaining to patients and primary
caregivers currently establish a limit on the number of plants that may be cultivated or kept within,
or on the same legal parcel as, a single-family dwelling but they are silent as to whether such
cultivation activities may be conducted within, or on the same legal parcel as, a two-family or multi-
family dwelling unit; and
WHEREAS, the City Council believes that, pending further staff evaluation and
recommendations regarding such cultivation activities, Section 15-501 should be amended to
address that subject.
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:
Cultivation or cultivate shall mean the process by which a person grows a
marijuana plant.
Mature plants means a flowering medical marijuana plant that is taller than eight
inches and wider than eight inches produced from a cutting, clipping, or seedling and
that is in a growing container that is no smaller than two inches wide and two inches
tall that is sealed on the sides and bottom.
Medical marijuana means marijuana that is grown and sold pursuant to the
provisions of the Colorado Medical Marijuana Code and for a purpose authorized by
section 14 of article XVIII of the state constitution.
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.
OPTION A:
(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) No more than twelve (12) marijuana plants, including no more than six (6)
mature plants, may be cultivated or kept within any dwelling unit in a two-
family or multi-family dwelling. No such plants may be cultivated within
any other structure that is located on the same legal parcel as a two-family
or multi-family dwelling.
(34) 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.
-2-
OPTION B:
(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) No medical marijuana plants may be cultivated within any dwelling unit in
a two-family or multi-family dwelling, or within any other structure that is
located on the same legal parcel as a two-family or multi-family dwelling.
(34) 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.
-3-
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
-4-
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
COPY
COPY
COPY
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ATTACHMENT 1
DATE: 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.
COPY
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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
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.
Section 2. That Section 3.8.3(10) of the Land Use Code is hereby amended to read as
follows:
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:
2
. . .
Section 3. That the table contained in Section 4.16(B)(2)C of the Land Use Code is
hereby amended to delete Medical marijuana centers from the section as follows:
Land Use Old City Center Canyon Avenue Civic Center
C. COMMERCIAL
. . .
. . .
Section 4. That Section 4.17(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
Section 5. That Section 4.18(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
Section 6. That Section 4.19(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
Section 7. That Section 4.20(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
Section 8. That Section 4.21(B)(2)C of the Land Use Code is hereby amended to
delete Medical marijuana centers from the section as follows:
(B) Permitted Uses.
. . .
3
C. COMMERCIAL/RETAIL
. . .
. . .
Section 9. That Section 4.22(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
Section 10. That Section 4.24(B)(2)D of the Land Use Code is hereby amended to
delete Medical marijuana option premises cultivation operations and Medical marijuana infused
product manufacturers from the section as follows:
(B) Permitted Uses.
. . .
D. INDUSTRIAL Riverside Area All Other Areas
. . .
Section 11. That Section 4.28(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
. . .
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 .
4
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