HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/04/2018 - FIRST READING OF ORDINANCE NO. 158, 2018, AMENDINGAgenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY December 4, 2018
City Council
STAFF
Ginny Sawyer, Policy and Project Manager
Bronwyn Scurlock, Legal
SUBJECT
First Reading of Ordinance No. 158, 2018, Amending Chapter 15, Articles XVI and XVII of the Code of the City
of Fort Collins Regulating Marijuana Businesses to Align Marijuana Code Statutory References to State Law.
EXECUTIVE SUMMARY
The purpose of this item is to amend the City Code provisions related to marijuana businesses to align with
state law.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City of Fort Collins has regulated and licensed both medical and retail marijuana businesses since 2010
and 2012 respectively. Changes to the marijuana law continue to emerge at the state level on a regular basis.
Most recently, in the 2018 legislative session, the Colorado Legislature relocated the laws related to the
regulation of marijuana from Title 12, C.R.S. to a new Title 44, as part of the organizational recodification of
Title 12.
The current proposed ordinance changes all referenced City Code provisions from Title 12, C.R.S. to Title 44
to be in alignment with state law.
Staff used the decision flowchart (Attachment 1) and informed local business owners of the proposed
changes prior to scheduling this item on Council’s agenda.
PUBLIC OUTREACH
The proposed amendments were addressed at the fall marijuana business owner’s meeting. There were no
concerns raised.
ATTACHMENTS
1. Decision Flowchart (PDF)
In November 2012, Fort Collins voters approved a medical marijuana regulatory and licensing ordinance.
The ordinance included provisions for allowing one medical dispensary for every 500 patients registered
in Larimer County, zoning and location restrictions, and licensing rules and regulations.
In November 2017, Fort Collins voters approved a ballot measure to allow City Council to make changes
to the medical marijuana code if the changes are consistent with state law and they do not change the
intent of the original ballot language.
All future proposed changes to the medical marijuana code should align with the following:
NO YES
Change not allowed
POTENTIAL CHANGE
Council may consider
change
Does potential change impact number of
allowable dispensaries, location requirements, or
general licensing requirements?
Consistent with state law?
YES
NO
ATTACHMENT 1
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ORDINANCE NO. 158, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLES XVI AND XVII OF THE CODE OF
THE CITY OF FORT COLLINS REGULATING MARIJUANA BUSINESSES
TO ALIGN MARIJUANA CODE STATUTORY REFERENCES TO STATE LAW
WHEREAS, in the 2018 legislative session, the Colorado General Assembly relocated
the laws related to the regulation of marijuana from Title 12, Colorado Revised Statutes to a new
Title 44, as part of the organizational recodification of Title 12; and
WHEREAS, staff recommends amending City Code citations to the state marijuana laws
to be consistent with the renumbered state laws; and
WHEREAS, the City Council has determined that the proposed amendments are in the
best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 15-450 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-450. - Purpose.
The purpose of this Article is to implement the provisions of Article 43.3 of Title 12, C.R.S.,
Title 44, Article 11, C.R.S., known as the Colorado Medical Marijuana Code.
Section 3. That Section 15-452 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-452. - Definitions.
(a) The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section:
. . .
Colorado Medical Marijuana Code shall mean Title 12, Article 43.3 Title 44, Article 11, C.R.S.,
of the Colorado Revised Statutes and any rules or regulations promulgated thereunder.
. . .
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Section 4. That Section 15-601 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-601. - Purpose.
The purpose of this Article is to implement the provisions of Article 43.4 of Title 12, C.R.S.,
Title 44, Article 12, C.R.S., known as the Colorado Retail Marijuana Code.
Section 5. That Section 15-603 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-603. - Definitions.
(a) The following words, terms and phrases, when used in this Article, shall have the meanings
ascribed to them in this Section:
. . .
Colorado Retail Marijuana Code shall mean Article 43.4 of Title 12, C.R.S., Title 44, Article 12,
C.R.S., and any rules or regulations promulgated thereunder.
. . .
Section 6. That Section 15-614 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 15-614. - Persons prohibited as licensees.
No license shall be issued to, held by or renewed by any of the following:
. . .
(2) any person prohibited pursuant to Section 12-43.4-30644-12-304, C.R.S;
. . .
Introduced, considered favorably on first reading, and ordered published this 4th day of
December, A.D. 2018, and to be presented for final passage on the 18th day of December, A.D.
2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 18th day of December, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk