HomeMy WebLinkAbout182 - 01/03/2012 - AMENDING SECTION 15-483 OF THE CITY CODE SO AS TO ELIMINATE THE EIGHT-OUNCE LIMITATION ON THE AMOUNT ORDINANCE NO. 182, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 15-483 OF THE CITY CODE SO AS TO ELIMINATE
THE EIGHT-OUNCE LIMITATION ON THE AMOUNT OF MEDICAL
MARIJUANA THAT CAN BE DISTRIBUTED BY LICENSEES TO OTHER
LICENSED MEDICAL MARIJUANA CENTERS
WHEREAS,Chapter 15,Article VI of the City Code establishes a comprehensive licensing
system for medical marijuana businesses in the City; and
WHEREAS, on November 1, 2011, the voters of the City approved a citizen-initiated
ordinance that,in effect,requires such businesses to cease operation on or before February 14,2012;
and
WHEREAS,under federal,state and local law,the possession of medical marijuana by such
businesses after the closure of the businesses would be unlawful and such medical marijuana would
be subject to seizure and destruction by state or local law enforcement officers; and
WHEREAS, the avenues presently available to the owners of such businesses to lawfully
dispose of their inventory of medical marijuana prior to the cessation of their businesses are limited
by state and local law; and
WHEREAS,at the local level, Section 15-483(b)(3)of the City Code prohibits any licensed
medical marijuana business from selling, giving, dispensing or otherwise distributing to another
licensed medical marijuana center, either inside or outside of the City, more than eight ounces of
medical marijuana in any usable form within any seven-day period of time; and
WHEREAS,this limitation was imposed by the City Council in order to deter the wholesale
distribution of medical marijuana in the City and to keep the production and distribution of medical
marijuana at a level commensurate with the purpose and intent of Article XVII, Section 14 of the
Colorado Constitution; and
WHEREAS,in view of the fact that medical marijuana businesses in the City will be ceasing
operation pursuant to the citizen-initiated ordinance,the limitation imposed by Section 15-483(b)(3)
is no longer necessary for the protection of the citizenry; and
WHEREAS, the inability of licensees to sell larger quantities of medical marijuana to
licensed centers outside of the City impedes the ability of such licensees to lawfully dispose of their
inventory prior to February 14, 2012; and
WHEREAS, the City Council therefore believes it to be in the best interests of the City to
modify this provision of the Code so as to allow licensees to sell more than eight ounces of medical
marijuana within a seven-day period,of time to another licensed center, but only if such center is
located outside the City limits.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 15-483(b)(3) of the Code of the City of Fort Collins is hereby amended to
read as follows:
Sec. 15-483. Prohibited acts.
(b) It shall be unlawful for any licensee holding a medical marijuana center
licensed, or for any agent, manager or employee thereof, to:
(1) sell, give, dispense or otherwise distribute medical marijuana or medical
marijuana paraphernalia from any outdoor location;
(2) sell,give,dispense or otherwise distribute to any patient or primary caregiver
who is not a licensee more than two(2)ounces of any usable form of medical
marijuana(excluding medical marijuana-infused products)within any seven-
day period of time;
(3) sell, give, dispense or otherwise distribute to another licensed center that is
located within the City limits .more than eight (8) ounces of medical
marijuana in any usable form within any seven-day period of time;
Introduced, considered favorably on first reading, and ordered published this 20th day of
December, A.D. 2011, and to be presented for final passage on the 3rd day of January, A.D. 2012.
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Passed and adopted on final reading on the 3rd day of January, A.D. 2012.
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