Loading...
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 7 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 - 1 - l 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. - 2 - 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. OF FORTc '2 Mayor ATTEST: SEAL c0(0RAp0 City Clerk Passed and adopted on final reading on the 6th day of October, A.D. 2015. oFFnarco` SEAL ATTEST: �ORa'o City Clerk - 3 -