HomeMy WebLinkAbout030 - 03/03/2015 - ADDING SECTION 17-194 TO CITY CODE TO PROHIBIT THE USE OF FLAMMABLE GASES, FLAMMABLE SOLVENTS, FLAMM 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:
See. 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:
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.G�jY•OF pO�T May
ATTEST: n
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Passed and adopted on final reading on the 3rd day of March, A.D. 2015.
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May r
ATTEST:
City Clerk
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