HomeMy WebLinkAbout011 - 02/21/2012 - AMENDING CHAPTER 15, ARTICLE XVII OF THE CITY CODE TO ADD ADDITIONAL PROVISIONS REGARDING MEDICAL MA ORDINANCE NO. 011, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 15, ARTICLE XVII OF THE CODE
OF THE CITY OF FORT COLLINS TO ADD ADDITIONAL PROVISIONS
REGARDING MEDICAL MARIJUANA PATIENTS AND PRIMARY CAREGIVERS
WHEREAS, Chapter 15, Article XVII of the City Code establishes limitations for medical
marijuana patients and primary caregivers in the City; and
WHEREAS, Chapter 15, Division 1, Article XVI of the City Code authorizes the licensing
and regulation of medical marijuana businesses; and
WHEREAS,on November 1,2011,a majority of the registered electors of the City approved
a citizen-initiated ordinance that, in effect, required medical marijuana centers, optional premises
cultivation operations, and medical marijuana infused products manufacturers to cease operation
within the City limits on or before February 14, 2012; and
WHEREAS, the closure of those businesses has occurred; and
WHEREAS, several provisions currently contained in Chapter 15, Division 1,Article XVI
of the City Code are also applicable to medical marijuana patients and primary caregivers; and
WHEREAS, the City Council therefore believes it to be in the best interests of the City to
modify this article of the City Code to incorporate those provisions; and
WHEREAS, in addition, the City Code provisions pertaining to patients and primary
caregivers currently establish a limit on the number of plants that may be cultivated or kept within,
or on the same legal parcel as, a single-family dwelling but they are silent as to whether such
cultivation activities may be conducted within,or on the same legal parcel as,a two-family or multi-
family dwelling unit; and
WHEREAS, the City Council believes that, pending further staff evaluation and
recommendations regarding such cultivation activities,Section 15-501 should be amended to address
that subject.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 15, Article XVII of the Code of the City of Fort Collins is hereby amended
to read as follows:
ARTICLE XVII.
MEDICAL MARIJUANA PATIENTS AND
PRIMARY CAREGIVERS
Sec. 15-500. Definitions.
The following words,terms and phrases,when used in this Article,shall have the
meanings ascribed to them in this Section:
Cultivation or cultivate shall mean the process by which a person grows a
marijuana plant.
Mature plants means a flowering medical marijuana plant that is taller than eight
inches and wider than eight inches produced from a cutting,clipping,or seedling and
that is in a growing container that is no smaller than two inches wide and two inches
tall that is sealed on the sides and bottom.
Medical marijuana means marijuana that is grown and sold pursuant to the
provisions of the Colorado Medical Marijuana Code and for a purpose authorized by
section 14 of article XVIII of the state constitution.
Patient shall mean a person who has a debilitating medical condition as defined
in Article XVIII, Section 14 of the Colorado Constitution.
Primary caregiver shall mean a person, other than the patient and the patient's
physician,who is eighteen(18)years of age or older and has significant responsibility
for managing the well-being of a patient who has a debilitating medical condition.
See. 15-501. Limitations.
Primary caregivers who cultivate,possess or dispense medical marijuana for use
by patients, and patients who cultivate or possess medical marijuana for their own
medical use, shall be subject to the following limitations:
(1) All cultivation of medical marijuana shall be conducted entirely within a
building or other fully enclosed structure.
(2) Not more than twelve(12)marijuana plants,including no more than six(6)
mature plants,may be cultivated or kept within,or on the same legal parcel
as, any single- family dwelling.
(3) No medical marijuana plants may be cultivated within any dwelling unit in
a two-family or multi-family dwelling, or within any other structure that is
located on the same legal parcel as a two-family or multi-family dwelling.
(4) In no event shall a patient or primary caregiver keep, cultivate, grow or
process more medical marijuana than such person is entitled to possess
under Article XVIII, Section 14 of the Colorado Constitution.
-2-
Sec. 15-502. Violations and penalties.
Any person, including, but not limited to, any medical marijuana patient or
primary caregiver who violates any of the provisions of this Article, shall be guilty
of a misdemeanor punishable in accordance with § 1-15 of this Code.
Sec. 15-503. No defense or immunity.
The practice of providing medical marijuana pursuant to this Article shall not be
deemed to create an exception, defense or immunity to any person in regard to any
potential criminal liability the person may have under federal law for the cultivation,
possession, sale, distribution or use of marijuana
Sec. 15-504. Severability.
If any section, sentence,clause,phrase,word or other provision of this Article is
for any reason held to be unconstitutional or otherwise invalid,such holding shall not
affect the validity of the remaining sections, sentences, clauses, phrases, words or
other provisions of this Article or the validity of this Article as an entirety, it being
the legislative intent that this Article shall stand,notwithstanding the invalidity of any
section, sentence, clause, phrase, word or other provision.
Introduced, considered favorably on first reading, and ordered published this 7th day of
February,A.D. 2012, and to be presented for final passage on the 21 st day of February,A.D. 2012.
OF f OR'r cO Ll/
`�•,. •.e��� MAyor
ATTEST: ve ��Al ,.00
City Clerk FORA
Passed and adopted on final reading on the 21st day of February, A.D. 2012.
0% ...... ` M yor
ATTEST:
�',• ••lam
2
" I SRAL *N
City Clerk •°••
cOL ORP�O
-3-