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
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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:
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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.
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(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.
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(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
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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
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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.
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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