Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2015 - ITEMS RELATING TO MARIJUANA CODE AMENDMENTSAgenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY February 17, 2015 City Council STAFF Ginny Sawyer, Policy and Project Manager Don Vagge, Police Deputy Chief SUBJECT Items Relating to Marijuana Code Amendments. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 029, 2015, Amending the Code of the City of Fort Collins to Regulate Cultivation of Marijuana in Locations Other Than Retail Marijuana Establishments and Medical Marijuana Businesses. B. First Reading of Ordinance No. 030, 2015, Adding Section 17-194 to the Code of the City of Fort Collins to Prohibit the Use of Flammable Gases, Flammable Solvents, Flammable Liquids, and/or Alcohol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Manufacturing Products Facilities and Deleting Subsection (b)(5) of Section 12-142 of the Code. C. [OPTION A] First Reading of Ordinance No. 031, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Cultivation Facilities. Or: [OPTION B] First Reading of Ordinance No. 032, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Product Manufacturing Facilities. The purpose of this item is to address safety and nuisance gaps in the existing codes and to offer options for potential changes to the existing marijuana wholesale prohibition. Ordinance No. 029, 2015, amends City Code to address non-licensed growing (caregivers or personal use) in non-residential settings. It also allows for greater flexibility in determining what lighting is deemed safe for residential growing. Ordinance No. 030, 2015, prohibits the use of flammable gases and liquids, carbon dioxide, and alcohol in the extraction of THC except in a licensed facility. Ordinances Nos. 031 and 032, 2015, remove the existing prohibition on the wholesale of marijuana between licensed businesses. Option A allows sales only to City-licensed establishments; Option B is not limited to Fort Collins establishments. Agenda Item 15 Item # 15 Page 2 STAFF RECOMMENDATION Staff recommends the adoption of Ordinances No. 029 and No. 030, 2015 on First Reading. Should Council opt to remove the wholesale prohibition, staff recommends adoption of Ordinance No. 031, 2015. BACKGROUND / DISCUSSION Fort Collins has been on the leading edge of incorporating and regulating medical, retail, and personal marijuana use and practices. Because this a new and developing arena, anticipating all practices, impacts, and community desires has not been possible. Staff has continued to meet throughout the last year to consider needed improvements and adjustments to our existing codes. The proposed Ordinances are a result of staff experience or community dialogue. Ordinance No. 029, 2015, Amending the Code of the City Of Fort Collins to Regulate Cultivation of Marijuana in Locations Other than Retail Marijuana Establishments and Medical Marijuana Businesses. While licensed grows are heavily regulated there currently are not any regulations in place for caregivers or personal growers who choose to rent warehouse/industrial space for these grow operations. This ordinance requires separate enclosures for each grow, identification on each enclosure identifying the responsible party and providing proof of legal plant count, contents of each enclosure must be viewable, and requires control of odors similar to licensed businesses. This Ordinance also provides the opportunity to adjust to the changing grow-light industry. The current cultivation ordinance regulates and limits the type of lighting allowed in residential units. Staff has received pushback for not allowing high intensity (HID) lighting which runs very hot and requires fans to blow air across them to keep them cool. The industry is rapidly changing so staff is recommending a language change that would say only CFL/LED or lighting approved by the building official is allowed. Ordinance No. 030, 2015, Adding Section 17-194 to the Code of the City of Fort Collins to Prohibit the Use of Flammable Gases, Flammable Solvents, Flammable Liquids, and/or Alcohol in the Extraction of THC or Other Cannabinoids in Locations Other Than Licensed Medical and Retail Marijuana Manufacturing Products Facilities and Deleting Subsection (b)(5) of Section 12-142 of the Code. Fort Collins has seen an increase in explosions as a result of marijuana extraction. This operation is heavily regulated in licensed businesses but not at all in residential units by personal growers/users. Banning flammable gases was originally included in the cultivation ordinance but evidence shows people are extracting with flammable gases and other hazardous materials without actually growing. This Ordinance addresses this activity in Chapter 17 (so police can enforce) and removes it from the cultivation ordinance. Language has also been expanded to include gases, solvents, alcohol, and carbon dioxide. Ordinance No. 031, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Cultivation Facilities. (Option A) or Ordinance No. 032, 2015, Amending Section 15-609 of Article XVII of the Code of the City of Fort Collins to Allow the Sale or Distribution of Retail Marijuana from Retail Marijuana Cultivation Facilities to Certain Retail Marijuana Stores or Retail Marijuana Product Manufacturing Facilities. (Option B) When the retail marijuana regulations were adopted, they included a prohibition on any wholesaling of marijuana between businesses. This was included, and recommended, as a disincentive for marijuana businesses to grow more than they could sell through their licensed business. Fort Collins is the only Agenda Item 15 Item # 15 Page 3 community to have this restriction and our local businesses are interested in relaxing this regulation. Options and considerations are listed in the table below. ACTION CONSIDERATIONS No Change  Provides disincentive for businesses to grow more than they can sell.  Tightest control on tracking of plants and products.  May put local businesses at a disadvantage. Sales between local businesses  Gives greater flexibility and options to local businesses.  Maintains straightforward plant and product tracking.  Currently, local law enforcement does not have access to the State tracking system. By only having local sales, law enforcement can more readily contact local businesses to ensure legal sales. Sales between all licensed businesses in Colorado  Puts local businesses on even playing field statewide.  Difficult for law enforcement without access to State tracking system. Would be reliant on out-of-town agencies. PUBLIC OUTREACH The City Code amendments in Ordinance Nos. 029 and No. 030, 2015, were shared with the community at the October 4, December 12, and February 9 open houses. Wholesale options were presented at the February 9 open house. The amendment included in Ordinance No. 029, 2015 is a direct result of open house feedback. ATTACHMENTS 1. Powerpoint presentation (PPTX) 1 Marijuana Code Amendments City Council Regular Meeting February 17, 2015 ATTACHMENT 1 2 Background-Amendments • Evolving industry and issues. • Try to bring changes together instead of one by one. • Anticipate future updates. 3 Amendments-Residential Residential Growing – Currently only allow certain type of lighting (non HID.) Proposing to let Building Official determine allowable use since industry is rapidly changing. 4 Amendments-Extractions Extractions (other than by licensed businesses) Proposed new regulations ban use of Flammable Gases, Flammable Solvents, Flammable Liquids, and/or Alcohol. 5 Amendments-Non Residential Growing in Non-Residential Location Proposing: • Enclosures of grows by different people. • Identification on each enclosure identifying the responsible party and providing proof of legal plant count. • Require control of odors similar to licensed businesses. 6 Amendments-Wholesale Licensed businesses currently prohibited from wholesale of product (does not include edibles.) Proposed Options: • Leave prohibition in place • Allow wholesale between licensed businesses in Fort Collins • Allow wholesale statewide - 1 - ORDINANCE NO. 029, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO REGULATE CULTIVATION OF MARIJUANA IN LOCATIONS OTHER THAN RETAIL MARIJUANA ESTABLISHMENTS AND MEDICAL MARIJUANA BUSINESSES WHEREAS, Article XVIII, Section 14 of the Colorado Constitution allows a primary caregiver to cultivate, possess or dispense medical marijuana for use by patients approved for the use of medical marijuana; and WHEREAS, Article XVIII, Section 16 of the Colorado Constitution allows a person to possess one ounce or less of marijuana, and to grow no more than six marijuana plants; and WHEREAS, Chapter 15, Article XVII of the City Code currently regulates the cultivation of marijuana in dwellings, but fails to address such cultivation in non-residential structures; and WHEREAS, Police Services and the Poudre Fire Authority have advised the City Council of significant health and safety concerns raised by the growing of large quantities of marijuana in such non-residential structures; and WHEREAS, City staff recommends that the City Code be amended to regulate the cultivation of marijuana in non-residential structures; and WHEREAS, City staff also recommends that the City Code be amended to modify current provisions on lighting and odors and to make them apply to non-residential structures as well as dwellings; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 12-140 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 12-140. Scope and purpose. These rulesThis Article governs the cultivation of marijuana in the City in locations other than retail marijuana establishments or medical marijuana businesses. Section 2. That Section 12-141 of the Code of the City of Fort Collins is hereby amended to add definitions of “Cultivate or cultivation” “Dwelling unit,” “Enclosure,” “Marijuana,” “Medical marijuana,” “Non-residential structure,” “Primary caregiver” and “Recreational marijuana” which definitions read in their entirety as follows: - 2 - Cultivate or cultivation shall mean the process by which an individual grows a marijuana plant. Dwelling unit shall mean one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building. Enclosure shall mean the physically separated area within which each individual’s marijuana plants are kept, which shall include at a minimum, sturdy, chain-link fencing, or other barrier of similar size, strength and density, anchored to the floor of the area. Marijuana shall mean medical or recreational marijuana. Medical marijuana shall mean marijuana that is grown or sold for a purpose authorized by Article XVIII, Section 14 of the Colorado Constitution. Non-residential structure shall mean any structure that is neither a dwelling nor a building that contains a dwelling unit. Primary caregiver shall mean a natural person, other than the patient or 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. Recreational marijuana shall mean marijuana that is grown for a purpose authorized by Article XVIII, Section 16 of the Colorado Constitution. Section 3. That Section 12-142 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 12-142. Marijuana cultivation. (a) Cultivation, generally. (1) No marijuana cultivation shall be conducted openly or publicly. (2) Marijuana cultivation shall comply with all applicable requirements of the laws and regulations of the City and the state. (3) Marijuana cultivation shall not occur in detached outbuildings. (4) In no event shall a person cultivating marijuana pursuant to this Article keep, cultivate or process more marijuana than such person is entitled to possess under Article XVIII, Sections 14 or 16 of the Colorado Constitution. - 3 - (5) All marijuana cultivation shall take place in a locked and enclosed space. (6) All marijuana products kept on premises where marijuana plants are grown shall be stored in a locked and enclosed space. (7) No marijuana produced under this section shall be made available for sale except for a primary caregiver selling medical marijuana to his or her patient to recover the cost of cultivating or purchasing the medical marijuana pursuant to C.R.S. Section 25-1.5-106. (8) Marijuana cultivation shall not be perceptible from the exterior of the dwelling or non-residential structure in which the cultivation occurs. (9) No marijuana cultivation activity shall result in the emission of any odors, heat or glare that is noticeable at or beyond the property line of the dwelling or non-residential structure at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a dwelling must be provided at all times. In the event that any odors, heat or glare or other substances exit a dwelling, the owner of the subject premises shall be liable for such conditions and shall be responsible for immediate correction of such condition. The owner shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. In the event there is a lessee of the subject premises, the owner and the lessee shall be jointly and severally liable for such conditions. (10) The owner or lessee of the dwelling or non-residential structure shall make all marijuana product waste unusable and unrecognizable prior to such waste leaving the subject premises. (b) Cultivation within dwellings. (1) No dwelling shall be used primarily as a place to cultivate marijuana. (2) In no event shall more than twelve (12) marijuana plants of any size, or six (6) mature marijuana plants, be cultivated or kept within, or on the same legal parcel as, any single-family dwelling. (3) No marijuana plants may be cultivated within any dwelling unit in a two- family, multi-family or single-family attached dwelling. (4) Marijuana cultivation shall not be perceptible from the exterior of the dwelling in which the cultivation occurs. - 4 - (5) The use of compressed gases and solvents for marijuana cultivation is prohibited. (6) The use of any lighting for indoor marijuana cultivation shall be limited to light-emitting diodes (LEDs), compact fluorescent lamps (CFLs) or other fluorescent lighting. All high-intensity discharge (HID) lighting, including, but not limited, to mercury-vapor lamps, metal-halide (MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium (HPS) lamps and xenon short- arc lamps, is prohibited, unless approved by the City’s Building Official. (7) No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the dwelling at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a dwelling must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a dwelling, the owner of the subject premises shall be liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The owner shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. In the event there is a lessee of the subject premises, the owner and the lessee shall be jointly and severally liable for such conditions. (c) Cultivation within non-residential structures. (1) No person who cultivates medical marijuana shall exceed the number of plants nor provide for more patients, than authorized and approved by the Colorado Department of Public Health and Environment. (2) No person who cultivates recreational marijuana shall exceed the number of plants authorized by Article XVIII, Section 16 of the Colorado Constitution. (3) No person shall cultivate marijuana in a non-residential structure in which another person is cultivating marijuana except where each person has an enclosure that is at least two (2) feet apart from another person’s enclosure. (4) All marijuana products kept on premises where marijuana plants are grown shall be stored in an enclosure. (5) The contents of each enclosure shall be viewable from outside such enclosure. (6) Any person who cultivates marijuana shall maintain documentation of authorized plant and/or patient count, and post such documentation along with personal contact information on the exterior of the enclosure so as to be easily - 5 - accessed by a public official acting under the color of his or her official authority to enforce the law or perform an official duty within the scope of his or her employment. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 1 - ORDINANCE NO. 030, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADDING SECTION 17-194 TO THE CODE OF THE CITY OF FORT COLLINS TO PROHIBIT THE USE OF FLAMMABLE GASES, FLAMMABLE SOLVENTS, FLAMMABLE LIQUIDS, AND/OR ALCOHOL IN THE EXTRACTION OF THC OR OTHER CANNABINOIDS IN LOCATIONS OTHER THAN LICENSED MEDICAL AND RETAIL MARIJUANA MANUFACTURING PRODUCTS FACILITIES AND DELETING SUBSECTION (b)(5) OF SECTION 12-142 OF THE CODE WHEREAS, the adoption of Amendment 20 added Section 14 to Article XVIII of the Colorado Constitution, which created an affirmative defense and a limited exception to state criminal laws for patients and primary caregivers who possess or produce a limited amount of marijuana concentrate for medical use to treat a debilitating medical condition; and WHEREAS, Article XVIII, Section 14 of the Colorado constitution prohibits both patients and primary caregivers from acquiring or producing marijuana concentrate in a way that endangers the health and well-being of any person; and WHEREAS, the adoption of Amendment 64 added a new Section 16 to Article XVIII of the Colorado Constitution, which allowed persons over the age of twenty-one (21) in Colorado to claim immunity from prosecution under city or state laws for possessing or processing marijuana concentrate in a quantity of one ounce or less for personal use or for distribution to others without compensation; and WHEREAS, Article XVIII, Section 16 of the Colorado Constitution provides that, in the interest of the health and public safety of our citizenry, marijuana sold in Colorado will be subject to additional regulations to ensure that consumers are protected; and WHEREAS, both of these provisions are silent on the question of how and where marijuana concentrate may be processed for medical or personal use; and WHEREAS, as a result in a gap in the law in terms of regulating the appropriate methods and locations where marijuana concentrate may be extracted from marijuana plants, both Fort Collins Police Services and the Poudre Fire Authority have encountered dangerous situations where persons in inappropriate, unregulated settings including dwellings, are using flammable gases, including but not limited to, butane, in the extraction of THC; and WHEREAS, the prohibition of compressed gases and solvents currently in the City Code under a section designed to regulate cultivation within dwellings does not cover situations where a person is not growing marijuana, but is only extracting marijuana with the use of flammable gases; and WHEREAS, C.R.S. Section 9-7-113 provides that a local government may ban the use of a compressed, flammable gas as a solvent in the extraction of THC or other cannabinoids in a residential setting; and - 2 - WHEREAS, the City has the authority to enact ordinances which are necessary and proper to provide for the health, safety and welfare of the inhabitants of the City not inconsistent with the laws of this State; and WHEREAS, City staff recommends that to better ensure the health, safety and welfare of the citizens of Fort Collins, the City should eliminate the current provision prohibiting compressed gases and solvents under a section of the code dealing with cultivation within dwellings, and prohibit the use of flammable gases, flammable solvents, flammable liquids and/or alcohol in the extraction of THC or other cannabinoids in the City other than in licensed medical and retail marijuana manufacturing facilities; and WHEREAS, City staff recommends that the City Code be amended to include such a prohibition: and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 17-190 of the Code of the City of Fort Collins is hereby amended by the addition of two new definitions, “Cannabinoids” and “Tetrahydrocannabidinol (THC)” which read in their entirety as follows:: Sec. 17-190. Definitions. Cannabinoids shall mean any of a group of closely related compounds that include cannabinol and the active constituents of cannabis. Tetrahydrocannabidinol (THC) shall mean a compound obtained from cannabis or made synthetically, that is the primary intoxicant in marijuana and hashish. Section 2. That Article XI of Chapter 17 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 17-194 which reads in its entirety as follows: Sec. 17-194. Use of flammable gases, flammable solvents, flammable liquids, and/or alcohol for extractions prohibited. No person shall use flammable gases, flammable solvents, flammable liquids and/or alcohol in the extraction of THC or other cannabinoids in the City unless such person is doing so in a licensed medical marijuana infused products manufacturing facility or in a licensed retail marijuana products manufacturing facility and in compliance with all applicable state and city laws, and all rules and regulations promulgated thereunder, including any and all necessary permits. - 3 - Section 3. That Section 12-142(b)(5) of the Code of the City of Fort Collins is hereby deleted in its entirety and all subsequent subparagraphs are renumbered accordingly: (5) The use of compressed gases and solvents for marijuana cultivation is prohibited. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 1 - OPTION A ORDINANCE NO. 031, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 15-609 OF ARTICLE XVII OF THE CODE OF THE CITY OF FORT COLLINS TO ALLOW THE SALE OR DISTRIBUTION OF RETAIL MARIJUANA FROM RETAIL MARIJUANA CULTIVATION FACILITIES TO CERTAIN RETAIL MARIJUANA STORES OR RETAIL MARIJUANA CULTIVATION FACILITIES WHEREAS, the City Code currently restricts the sale of retail marijuana from a retail marijuana cultivation facility to a retail marijuana store or retail marijuana products manufacturing facility that is owned and operated in the City by the licensee of the retail marijuana cultivation facility; and WHEREAS, staff has evaluated the possible removal of this restriction so as to allow licensees to sell or distribute retail marijuana from their retail marijuana cultivation facilities to retail marijuana stores or retail marijuana cultivations facilities in the City; and WHEREAS, the City Council has determined that the proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS That Chapter 15 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-609. Retail marijuana cultivation facilities. (a) Only a licensed retail marijuana store or retail marijuana products manufacturing facility may be licensed as, or may operate, a retail marijuana cultivation facility in the City. (b) All retail marijuana cultivation facilities shall have their harvest and production batches tested for labeling purposes prior to any sale of marijuana or marijuana product. (c) Retail marijuana cultivation facilities may sell or otherwise distribute retail marijuana only to those licensed retail marijuana stores or licensed retail marijuana products manufacturing facilities that are owned and operated in the City by the licensee of the retail marijuana cultivation facility in the City that are in good standing with no pending violation(s) or current suspended sentence as a result of a violation(s) of Article XVII, Chapter 15 of the City Code, or other applicable local regulatory provisions; Article XVIII, Section 16 of the Colorado Constitution; the Colorado Retail Marijuana Code; and the Colorado Retail Marijuana Enforcement Division Rules and Regulations. This provision should not be construed as preventing a retail marijuana cultivation facility from submitting retail marijuana to a licensed retail marijuana testing facility for the purpose of analyzing its safety and potency. - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk - 1 - OPTION B ORDINANCE NO. 032, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 15-609 OF ARTICLE XVII OF THE CODE OF THE CITY OF FORT COLLINS TO ALLOW THE SALE OR DISTRIBUTION OF RETAIL MARIJUANA FROM RETAIL MARIJUANA CULTIVATION FACILITIES TO CERTAIN RETAIL MARIJUANA STORES OR RETAIL MARIJUANA PRODUCT MANUFACTURING FACILITIES WHEREAS, the City Code currently restricts the sale of retail marijuana from a retail marijuana cultivation facility to a retail marijuana store or retail marijuana products manufacturing facility that is owned and operated in the City by the licensee of the retail marijuana cultivation facility; and WHEREAS, staff has evaluated the possible removal of this restriction so as to allow licensees to sell retail marijuana from their retail marijuana cultivation facilities to retail marijuana stores or retail marijuana products manufacturing facilities anywhere in Colorado; and WHEREAS, the City Council has determined that the proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 15 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-609. Retail marijuana cultivation facilities. (a) Only a licensed retail marijuana store or retail marijuana products manufacturing facility may be licensed as, or may operate, a retail marijuana cultivation facility in the City. (b) All retail marijuana cultivation facilities shall have their harvest and production batches tested for labeling purposes prior to any sale of marijuana or marijuana product. (c) Retail marijuana cultivation facilities may sell or otherwise distribute retail marijuana only to thoselicensed retail marijuana stores or licensed retail marijuana products manufacturing facilities that are in good standing with no pending violation(s) or current suspended sentence as a result of a violation(s) of Article XVII, Chapter 15 of the City Code, or other applicable local regulatory provisions; Article XVIII, Section 16 of the Colorado Constitution; the Colorado Retail Marijuana Code; and the Colorado Retail Marijuana Enforcement Division Rules and Regulations that are owned and operated in the City by the licensee of the retail marijuana cultivation facility. This provision should not be construed as preventing a retail marijuana cultivation facility from submitting retail marijuana to a licensed retail marijuana testing facility for the purpose of analyzing its safety and potency. - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 3rd day of March, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk