HomeMy WebLinkAbout119 - 10/06/2015 - AMENDING SECTION 17-194 OF CITY CODE TO PROHIBIT THE USE OF ALCOHOL OR ETHANOL IN THE EXTRACTION OF ORDINANCE NO. 119, 2015
BY THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 17-194 OF THE CODE OF THE CITY OF FORT COLLINS TO
PROHIBIT THE USE OF ALCOHOL OR ETHANOL IN THE EXTRACTION OF THC OR
OTHER CANNABINOIDS IN LOCATIONS OTHER THAN LICENSED MEDICAL AND
RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITIES
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 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, on May 29, 2015, the Governor signed House Bill 15-1305 into law; and
WHEREAS, House Bill 15-1305 prohibits the use of inherently hazardous substances,
including any liquid chemical, compressed gas, or commercial product such as butane, propane,
and diethyl ether, from being used during the manufacture of marijuana concentrate; and
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WHEREAS, House Bill 15-1305 makes it a level two (2) drug felony to use an inherently
hazardous substance in the manufacture of marijuana concentrate; and
WHEREAS, House Bill 15-1305 specifically excludes all forms of alcohol and ethanol
from the definition of inherently hazardous substances; and
WHEREAS, Staff believes the use of alcohol and ethanol in the marijuana extraction
process in locations other than licensed medical and retail marijuana manufacturing products
facilities is a significant danger to the citizens of the City; and
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WHEREAS, the prohibition of compressed gases and solvents currently in the City Code
is a misdemeanor and staff believes the felony charge of HB 15-1305 will be better suited to
protect the citizens of the City; and
WHEREAS, by removing from the City Code provision the current prohibition of
compressed gases and solvents, while retaining the prohibition of the use of alcohol and ethanol
in the extraction process, under the combined provisions of state and local law the City may
continue to guard against a significant danger to the inhabitants of the City; and
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 replace the current language of the provision
prohibiting flammable gases and solvents with a prohibition against the use of alcohol and
ethanol in the marijuana extraction process in the City other than in licensed medical and retail
marijuana manufacturing facilities; 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 that Section 17-194 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 17-194. Use of alcohol, including ethanol for extractions prohibited.
No person shall use alcohol, including ethanol, in the extraction of THC or other
cannabinoids in the City. This Section shall not apply to any person licensed with the
City or State who is extracting or manufacturing THC or other cannabinoids 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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Introduced, considered favorably on first reading, and ordered published this 15th day of
September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D.
2015.
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'2 Mayor
ATTEST: SEAL
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City Clerk
Passed and adopted on final reading on the 6th day of October, A.D. 2015.
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SEAL
ATTEST:
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City Clerk
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