HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/02/2020 - SECOND READING OF ORDINANCE NO. 072, 2020, RELATINAgenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY June 2, 2020
City Council
STAFF
Honore Depew, Interim Policy and Project Manager
Bronwyn Scurlock, Legal
SUBJECT
Second Reading of Ordinance No. 072, 2020, Relating to the Extraction of Hemp within Dwellings.
EXECUTIVE SUMMARY
This item meets the following COVID-19 emergency priority for being on the Council agenda:
• Priority 7 - Items that are required to comply with federal or state legal or other requirements.
This item is required in order to comply with state law allowing the cultivation, extraction, processing, and
manufacturing of industrial hemp and industrial hemp products, and the International Fire Code which permits
and regulates the extraction of hemp.
This Ordinance, unanimously adopted on First Reading on May 19, 2020, amends Article XII, Chapter 12 of
the City Code as it relates to the extraction of industrial hemp to clarify that the prohibition on the use of
inherently hazardous substances in the extraction process only applies to dwellings, not to commercial
businesses.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, May 19, 2020 (w/o attachments) (PDF)
2. Ordinance No. 072, 2020 (PDF)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY May 19, 2020
City Council
STAFF
Honore Depew, Interim Policy and Project Manager
Bronwyn Scurlock, Legal
SUBJECT
First Reading of Ordinance No. 072, 2020, Relating to the Extraction of Hemp within Dwellings.
EXECUTIVE SUMMARY
This item meets the following COVID-19 emergency priority for being on the Council agenda:
Priority 7 - Items that are required to comply with federal or state legal or other requirements.
This item is required in order to comply with state law allowing the cultivation, extraction, processing, and
manufacturing of industrial hemp and industrial hemp products, and the Uniform Fire Code which permits and
regulates the extraction of hemp.
The purpose of this item is to amend Article XII, Chapter 12 of the City Code as it relates to the extraction of
industrial hemp to clarify that the prohibition on the use of inherently hazardous substances in the extraction
process only applies to dwellings, not to commercial businesses.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In September 2019, Council adopted Ordinance No. 103, 2019, adding a new Article XII to Chapter 12 of the
City Code relating to the cultivation and extraction of industrial hemp. The purpose of the new article was to
regulate the personal cultivation of hemp within the City in the same manner that marijuana cultivation is
regulated. The Ordinance also included a section making it unlawful to use inherently hazardous substances in
the extraction of hemp to protect the health, safety and welfare of the inhabitants of the City by completely
prohibiting the extraction of hemp in residential settings.
Recently, staff and the Poudre Fire Authority have received several inquiries regarding the establishment of
hemp extraction businesses in the City. It became apparent that the provision added to Chapter 12 regarding
the extraction of hemp did not only apply to dwelling units, thereby unintentionally restricting commercial hemp
extraction businesses that are otherwise in compliance with the provisions of the International Fire Code and
State law.
This amendment is necessary in order for Poudre Fire Authority to proceed with investigating and permitting
commercial hemp extraction businesses.
Agenda Item 13
Item # 13 Page 2
Relationship to Marijuana
Although hemp and marijuana are both derived from the cannabis plant, by definition hemp contains less than
0.3% THC (the psychoactive component in marijuana). Hemp is considered an agricultural crop, legal under
state and federal law.
This ordinance does not amend any zoning designations. Extraction of hemp is considered light industrial,
similar to the extraction of essential oils (like lavender).
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ORDINANCE NO. 072, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
RELATING TO THE EXTRACTION OF HEMP WITHIN DWELLINGS
WHEREAS, in 2019, the Colorado General Assembly adopted SB19-240 authorizing local
governments to adopt ordinances regulating the storage, extraction, processing, or manufacturing
of industrial hemp or industrial hemp products; and
WHEREAS, Ordinance No. 103, 2019, added a new Article XII to Chapter 12 of the City
Code relating to the cultivation and extraction of hemp; and
WHEREAS, within that Ordinance, staff recommended locally prohibiting hemp
extractions to protect the health, safety and welfare of the inhabitants of Fort Collins in a manner
consistent with the laws of the State; and
WHEREAS, staff has recently received several requests for hemp extraction businesses to
operate within the City; and
WHEREAS, as adopted, Article XII, Chapter 12 of the City Code prohibits the use of
inherently hazardous substances in the extraction of hemp anywhere in the City; and
WHEREAS, these provisions were not intended to prohibit extractions in commercial
businesses; and
WHEREAS, the provisions of Article XII, Chapter 12 are currently preventing commercial
businesses from receiving necessary approval from the Poudre Fire Authority to operate; and
WHEREAS, staff recommends amending the Code so as to allow commercial hemp
extractions while continuing to prohibit extractions using hazardous substances in residential
dwelling units to protect the health, safety and welfare of the inhabitants of Fort Collins.
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 12-223 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 12-223. Use of inherently hazardous substances, alcohol, including ethanol for hemp
extractions prohibited.
It shall be unlawful for any person to knowingly use inherently hazardous substances, or alcohol,
including ethanol, in the extraction of THC or other cannabinoids from hemp within any
dwelling in the City.
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Introduced, considered favorably on first reading, and ordered published this 19th day of
May, A.D. 2020, and to be presented for final passage on the 2nd day of June, A.D. 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 2nd day of June, A.D. 2020.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk