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HomeMy WebLinkAbout08245ORDINANCE NO. 8245 AN ORDINANCE AMENDING CHAPTERS 2, 4, 5 AND 10 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE AND BY THE ADDITION OF CHAPTER 15 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO MEDICAL MARIJUANA AND PROVIDING PENALTIES FOR VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicating matter being added) SECTION 1. Section 17-2-1, Chapter 2, Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of subsections (12.1), (19), and (38.2) and the addition of new subsections (6.3.051), (23.01), (32.01) and (35.01) to read as follows: Sec. 17-2-1. Definitions. . . . (6.3.051) means an establishment primarily engaged in the retail Bakery, retail sale of baked goods for consumption off site. The products may be prepared either on or off site. Such use may include incidental food service but shall not include the sale or preparation of goods infused with medical marijuana. . . . (12) Drinking place means an establishment which is primarily engaged in the sale of fermented malt beverages, vinous and spirituous liquors for consumption on the premises. Accessory uses may include the sale of meals, entertainment and the sale for consumption off the premises of 3.2% beer. Drinking place shall include bars, beer brewpubs, gardens, cocktail lounges, cabarets, discotheques, saloons, tap rooms and taverns. an establishment primarily engaged in the retail (12.1) Drug store means dispensing of prescription drugs and may offer nonprescription drugs, medical aids and convenience goods, but shall not permit the sale or distribution of [ medical marijuana. The definition of drug store includes a pharmacy. a retail establishment which may offer a variety of convenience goods, but must dispense ] prescription drugs on premises. . . . (19) Farming or ranching means the act or business of cultivating land, producing crops , but specifically excludes the cultivation or production of and/or keeping livestock medical marijuana . . . . (23.01) means a retail or wholesale business whose principal activity Greenhouse is the selling of plants, flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products that are grown on the site, but specifically excludes the cultivation or production of medical marijuana. . . . (32.01) means any form of marijuana that is grown and sold Medical Marijuana pursuant to the provisions of the Colorado Medical Marijuana Code and for a purpose authorized by Section 14 of Article 18 of the state constitution. See Chapter 15 for additional definitions and regulations. . . . (35.01) . See definition of in Section 23.1 above. NurseryGreenhouse . . . (38.2) Pharmacy means an establishment primarily engaged in the retail dispensing of [] , and prescription drugs and may offer nonprescription drugsand medical aids convenience goods, but shall not permit the sale or distribution of medical marijuana. The definition of pharmacy includes a drug store. . . . SECTION 2. Section 17-4-51 of Chapter 4 of Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of subsections (11.1), (12) and (15) to read as follows: Sec. 17-4-51. Permitted use of land and buildings. . . . (11.1) Highway and Arterial Business District (B-3): . . . c. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit. . . . 2.1 Medical marijuana center (Limited use permit) . . . (12) Regional Business District (B-4): . . . c. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit. . . . 3.1 Medical marijuana center (Limited use permit) . . . (12.4) Business Park District (BP): . . . c. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit. . . . 2.1 Medical marijuana center (Limited use permit) . . . (15) Heavy Industrial District (I-3): . . . c. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit. . . . 1.1 Medical marijuana center (Limited use permit) 1.2 Medical marijuana infused product manufacturing (Limited use permit) . . . SECTION 3. Chapter 5 of Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of Section 17-5-32 thereof to read as follows: Sec. 17-5-32. Limited use permits. , authorize The Zoning Board of Appeals shall have power to hear and authorize with such conditions and safeguards as are appropriate or deny issuance of limited and medical marijuana facilities use permits for home occupations . At any time during the term of a limited use permit, the Zoning Board of Appeals, upon notice and hearing to the permittee, may revoke such permit if it is determined that the use is adverse or detrimental to adjoining properties or to the surrounding area. In making such determination, the Zoning Board of Appeals may consider the effect on adjoining properties or properties in the surrounding area of such factors as pedestrians and vehicular traffic, ingress and egress to the property, and proximity of the limited permit [] nearby A limited use permit shall not be use to adjoining residential properties. granted by the Zoning Board of Appeals until: (1) All standards, requirements and procedures set forth hereafter for uses by review shall also apply to issuance and renewal of limited use permits except that mailing notice for medical marijuana facilities shall be to property owners within five hundred (500) feet of the exterior boundaries of such property. [] (2) L limited use permits provided for in this Subsection shall not run with the land, and shall not be transferable to any person other than the named permittee. (3) Vacancy or nonuse of the premises for the limited permit use for a period of one (1) year shall be deemed prima facie proof of abandonment. (4) Medical marijuana facilities shall comply with Chapter 15 of this Title and Chapter 10 of Title XI. SECTION 4. Chapter 10 of Title XVII of the Pueblo Municipal Code, as amended, is hereby modified by the amendment of Section 17-10-7 thereof to read as follows: Sec. 17-10-7. Prohibited signs. The following signs and sign structures are prohibited: . . . (13) Signs which uses the word "marijuana," "cannabis," any alternative spelling or abbreviation of the same, any slang term for the same commonly understood as referring to marijuana, any image of a cannabis leaf, or any depiction of any paraphernalia or other image commonly understood as referring to marijuana, except where otherwise permitted the complete phrase “medical marijuana” may be used, so long as both words are the same size, style and font. SECTION 5. Title XVII of the Pueblo Municipal Code is hereby amended by the addition of a new Chapter 15 to read as follows: CHAPTER 15 Medical Marijuana Sec. 17-15-1. Findings. The City Council hereby makes the following findings of fact: (a) On November 7, 2000, the voters of the State of Colorado approved Amendment 20. Amendment 20 added § 14 of Article 18 to the Colorado Constitution, and created a limited exception from criminal liability under Colorado law (as opposed to federal law) for seriously ill persons who are in need of marijuana for specified medical purposes and who obtain and use medical marijuana under the limited, specified circumstances described in Amendment 20. (b) The intent of Amendment 20 was to enable certain specified persons who comply with the registration provisions of the law to legally obtain, possess, cultivate, grow, use and distribute marijuana without fear of criminal prosecution under Colorado (as opposed to federal) law. (c) Despite the adoption of Amendment 20, marijuana is still a controlled substance under Colorado and federal law. As a result, making it legal for a person to obtain, possess, cultivate, grow, use and distribute limited amounts of marijuana, even for medical use as contemplated by Amendment 20, has the potential for abuse that should be closely monitored and regulated by local authorities to the extent possible. (d) If not closely monitored and regulated, the presence of marijuana, even for the purposes legally permitted by Amendment 20, can cause an increase in illegal activities within the City affecting the health, safety, order, comfort, convenience and general welfare of the residents of the City. (e) If medical marijuana facilities operating pursuant to Amendment 20 and state law were allowed to be established and to operate without appropriate local regulation of their location, medical marijuana centers might be established in areas that would be inconsistent with surrounding uses; or otherwise be detrimental to the public heath, safety and welfare. (f) On May 11, 2010, the Colorado General Assembly passed House Bill 10-1284, which authorizes and recognizes the authority of cities to enact ordinances regulating, licensing and zoning medical marijuana facilities and medical marijuana. (g) The City of Pueblo has determined that between April 30, 2008 and May 31, 2010, the incidence of thefts, burglaries, and robberies in non-residential zone districts, along Interstate 25 and Highway 50A within the city limits has been at least two (2) times greater than the same offenses over the same period in non-residential zone districts within the City. Buffering medical marijuana facilities from these corridors is necessary to protect the health, safety and welfare of the residents of the City of Pueblo and the customers, employees, managers and owners of the Medical Marijuana Facilities. (h) Nothing in this Chapter allows a person to: (1) Engage in conduct that endangers others or causes a public nuisance; (2) Possess, cultivate, grow, use or distribute marijuana for any purpose other than for use as medical marijuana as authorized and limited by Amendment 20, and the implementing state statutes and administrative regulations; (3) Possess, cultivate, grow, use or distribute marijuana that is otherwise illegal under applicable law; or (4) Engage in any activity related to the possession, cultivation, growing, use or distribution of marijuana that is otherwise not permitted under the laws of the City or the State of Colorado. (i) This Chapter is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the City and the inhabitants thereof. (j) No person, business, activity or use that distributed or involved the distribution of marijuana within the City prior to the enactment of this Chapter shall be deemed to have been legally established under this code, and no such person, business, activity, or use shall be entitled to claim legal nonconforming status under any provision of this code or applicable law. Sec. 17-15-2. Purpose. Recognizing that there is a potential conflict between federal and state law with respect to the operation of medical marijuana centers, medical marijuana cultivation centers and medical marijuana infused products manufacturing center, it is the purpose of this Chapter to: (a) Impose specific requirements and limitations for those individuals registering with the State of Colorado as a "patient" or "primary care-giver" as those terms are defined in Amendment 20, and the statutes and administrative regulations implementing Amendment 20. (b) Require that a medical marijuana facilities be operated in a safe manner that does not endanger the public welfare. (c) Mitigate potential negative impacts that medical marijuana related businesses might cause on surrounding properties and persons. (d) Regulate the conduct of persons owning, operating, and using medical marijuana facilities in order to protect the public health, safety and welfare. (e) Establish a nondiscriminatory mechanism by which the City can control, through appropriate regulation, the location and operation of medical marijuana related uses within the City. Sec. 17-15-3. Applicability. (a) All medical marijuana facilities shall be subject to the requirements and the requirements of Chapter 10 of Title XI, regardless if the use is permitted by right or by review. (b) All medical marijuana facilities shall comply with the performance standards, contained in Sections 17-15-7, 17-15-8 and 17-15-9, specific to the type of facility. (c) Medical marijuana centers and infused product manufacturing shall only be considered principal uses. All medical marijuana optional cultivation premises shall be considered an accessory use by right to the medical marijuana center or infused product manufacturing. (d) Each medical marijuana facility shall require separate permit and approval. Sec. 17-15-4. Definitions. (a) As used in this Chapter, the following words shall have the following meanings, unless the context clearly requires otherwise: (1) Amendment 20 means a voter-initiated amendment to the Colorado Constitution adopted November 7, 2000. Amendment 20 added §14 of Article 18 to the Colorado Constitution. (2) Cultivation means the planting, growing, or harvesting of marijuana, including but not limited to hydroponic cultivation and cloning. (3) Medical marijuana facility means a medical marijuana center, optional cultivation premises or medical marijuana infused product manufacturing. (4) Medical marijuana center means the use of any property or structure to distribute, transmit, give, dispense or otherwise provide marijuana in any manner to patients or primary caregivers in accordance with Amendment 20, and the implementing state statutes and administrative regulations. The medical marijuana center may include an optional cultivation premises as an accessory use by right. (5) Medical marijuana optional cultivation premises means the use of any property or structure for the cultivation and growing of medical marijuana. All medical marijuana optional cultivation premises shall be contiguous to the associated medical marijuana center or infused product manufacturing facility. Discontiguous optional cultivation premises are prohibited uses. (6) Medical marijuana home cultivation means the use of any residential property for the cultivation and growing of medical marijuana for personal use only. The operation of a home cultivation shall require compliance with Section 17-15-8 of this Title. (7) Medical marijuana infused product manufacturing means a manufacturing or processing facility in which a product is infused with medical marijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments, and tinctures. The medical marijuana infused product manufacturing use may include an optional cultivation premises as an accessory use by right. (8) Minor revision means a change in the approved limited use permit to allow changes, which are required by circumstances not foreseen when approval of the limited use permit was given, and have no adverse impact on adjoining or surrounding properties. A minor revision may be approved for only the following: (1) reduction of size of the premises; (2) increase in size of the premises of ten percent (10%) or less; (3) installation of signage; (4) other changes deemed to be minor in nature by the Administrative Official. (b) In addition to the definitions provided in Subsection (a) of this Section, the other defined terms in Amendment 20 are incorporated into this Chapter by reference, except where the ordinance provides a different definition or the context makes it clear that the statutory or constitutional definition does not apply. Sec. 17-15-5. Review and approval procedures. (a) Prior to submitting for a limited use permit, the applicant shall be required to submit a request for a medical marijuana location determination. The application shall be submitted with the non-refundable application fee and contain the following information: (1) The applicant’s name, address, and telephone number, and if the applicant is other than a natural person, identification of the type of entity and state of incorporation or formation, and the name and address of the Colorado registered agent; (2) The street address, and unit number, if applicable, of the proposed medical marijuana facility, and a complete description of the site, including parking, traffic circulation, refuse and landscaping, drawn to scale for which the permit is being obtained; (3) If the applicant is not the owner of the proposed location of the medical marijuana facility, a statement duly acknowledged by the owner of such property authorizing the submission of the application; (4) Any additional information deemed necessary by the Administrative Official to investigate or review the application. (b) Within 90 days of receiving a complete application or resubmittal, for a medical marijuana location determination, the Administrative Official shall conduct his or her initial investigation and review the application for compliance with Sections 17-15-6 of this Title. Each application shall be made for a specific location and each new location request shall require a new application and fee. The Administrative Official shall either: (1) State that the application shows a prima facie case for approval of a limited permit, and issue a certificate of medical marijuana location determination; or (2) State that the application does not show a prima facie case for approval of a limited use permit, summarily deny the application, stating the deficiencies, and indicate that the applicant has a right to appeal the determination of the Administrative Official, or resubmit a revised application. (c) Upon issuance of a medical marijuana location determination certificate for a medical marijuana facility, the applicant, within 180 days, may then submit an application for a limited use permit. The application shall be submitted with the non- refundable application fee and contain the following information: (1) The applicant’s name, address, and telephone number, and if the applicant is other than a natural person, identification of the type of entity and state of incorporation or formation, and the name and address of the Colorado registered agent; (2) The street address, and unit number, if applicable, of the proposed medical marijuana facility, and a complete description of the site, including parking, traffic circulation, refuse and landscaping, drawn to scale for which the permit is being obtained; (3) If the applicant is not the owner of the proposed location of the medical marijuana facility, a statement duly acknowledged by the owner of such property authorizing the submission of the application; (4) A statement to be signed by the applicant that the City accepts no legal liability in connection with the approval and subsequent operation of the medical marijuana facility; (5) A statement to be signed by the applicant acknowledging the applicant and employees may still be subject to prosecution under state or federal laws; (6) Name and address of the medical marijuana facility manager(s), if the manager is proposed to be someone other than the applicant; (7) Hours of operation; (8) A comprehensive description on how the facility will be organized and used; (9) A copy of the certificate of the medical marijuana location determination, dated no earlier than 180 days prior to application submittal; and (10) Any additional information deemed necessary by the Administrative Official to investigate or review the application. (d) Applications for medical marijuana facilities are valid for up to 180 days from the date of a complete application submittal or a resubmittal. If the Board has not approved or denied the application within 180 days then the application shall be deemed to be denied, unless a 30 day extension is granted by the Administrative Official for good cause. (e) Once the application is accepted and set for hearing, the Zoning Board of Appeals, in accordance with Section 17-5-32, shall approve new and major revisions to the limited use permit for all medical marijuana centers and medical marijuana infused product manufacturing operations. Prior to the issuance of a limited use permit, the applicant must demonstrate compliance with the requirements of this Chapter. Failure to comply with the requirements of this Chapter shall preclude issuance of a limited use permit. (f) In granting a limited use permit, the Zoning Board of Appeals may impose reasonable conditions to the extent they conclude such conditions are necessary to minimize any adverse aesthetic, noise, health and safety impacts on adjoining and neighboring properties; (g) In addition to the findings required by Section 17-5-33, for consideration of a limited use permit, the Zoning Board of Appeals shall make written findings certifying compliance with the following factors in determining whether to approve the limited use permit: (1) Ability of existing medical marijuana facilities to meet the needs of the registered patients in the City of Pueblo; (2) All land use types within 500 feet of the medical marijuana facility that may be incompatible with the medical marijuana facility; (3) No other medical marijuana facility is legally operating or has been granted approval to operate within 1,000 feet of the proposed medical marijuana facility; (4) Ability of medical marijuana facility to comply with the applicable performance standards contained in Sections 17-15-7, 17-15-8 and 17-15-9; (5) Ability of medical marijuana facility to provide reasonable accommodations off-street parking and loading zones; and (6) Ability of medical marijuana facility to provide reasonable landscaping improvements, with specific reference to buffers, setbacks, parking lot screening and islands. (h) A medical marijuana optional cultivation premises shall be permitted as an accessory use by right only after approval of the associated medical marijuana center or medical marijuana infused product manufacturing operation and only upon compliance with the requirements of this Chapter. (i) Minor revisions, as defined by Section 17-15-4, shall be approved by the Administrative Official. Denial by the Administrative Official may be appealed to the Zoning Board of Appeals in accordance with Section 17-5-35. (j) An application for the renewal of an existing local license shall be made to the Planning and Community Development Department not less than 45 days prior to the date of expiration. Renewal of the limited use permit requires an inspection for compliance with the initial approval. Annual inspections may be necessary and will be done in the order of receipt. Failure to comply with all requirements of Chapter 15 of this Title and the initial approval shall preclude issuance of a medical marijuana facility zoning approval. (k) The permit requirements set forth in this Section are in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state or local law. Sec. 17-15-6. Locations. (a) No medical marijuana facility shall be located: (1) Within 1,000 feet of the following locations, irrespective of City limits: a. Licensed childcare center; b. Schools; c. Publicly owned or maintained buildings or facilities open for use to the general public; d. Alcohol or drug rehabilitation facility; e. Drinking place (bar, tavern, brewpub, etc); f. Another medical marijuana facility. (2) Within 500 feet of the following locations, irrespective of City limits: a. Interstate 25 right of way; b. Hospitals; and c. Other uses that the Zoning Board of Appeals determines may be incompatible with the medical marijuana facility. (3) Within 250 feet of the following locations, irrespective of City limits: a. Highway 50A right of way, between I-25 and the ATSF railroad right of way; and b. Residential Zone Districts and uses. (4) Within any building or structure that contains a dwelling unit; (5) As a home occupation. (b) The separation distances described in subsection (a) above shall be computed by direct measurement from the nearest property line of the land used for the above purposes to the nearest point of the property line of the proposed medical marijuana facility. (c) The suitability of a location for a medical marijuana facility shall be determined at the time of the issuance of a certificate of medical marijuana location determination for such facility. The separation distances described in subsection (a) above shall be based upon the other location being legally operational, under construction when the proposed use has been disclosed or a business license issued for the location. The fact that changes in the neighborhood occur after the application that might render the site unsuitable for a medical marijuana facility under this Chapter shall not be grounds to suspend, revoke or refuse to renew the permit for such facility so long as the permit and license for the facility remains in effect. (d) Each medical marijuana facility shall be operated from a permanent location. No medical marijuana facility shall be permitted to operate from a moveable, mobile or temporary location. (e) In the event these location restrictions do not appear reasonable when applied to a specific location, the applicant may apply to the Zoning Board of Appeals for a variance, but the variance may not reduce the separation distance requirements by more than ten percent (10%). Sec. 17-15-7. Medical marijuana center performance standards. All medical marijuana centers shall comply with the following performance standards prior to the issuance of the limited use permit: (a) The sale or consumption of an alcoholic beverage within a medical marijuana center is prohibited. (b) No person under the age of eighteen (18) shall be allowed in any portion of a medical marijuana center unless they are a registered patient and accompanied by their parent or legal guardian. (c) The permittee shall provide to the Pueblo Planning and Community Development Department and the Pueblo Police Department a description of any cultivation within the center including where plants are grown, the number of plants to be grown and a description of the ventilation system for the premises. This information shall be a confidential record and shall be exempt from the Colorado open records act, as required by House Bill 10-1284. (d) All product storage shall be indoors. (e) All products, accessories, and associated paraphernalia shall not be visible from a public sidewalk or right of way. (f) The business shall only be open during the hours of 8:00 am to 7:00 pm. Sec. 17-15-8. Medical marijuana cultivation performance standards. All medical marijuana cultivation uses, including optional cultivation premises and home cultivation, shall comply with the following performance standards: (a) The optional cultivation premises shall be contiguous to the associated medical marijuana center or medical marijuana infused product manufacturing facility. (b) The facility shall demonstrate compliance with all applicable building codes, including but not limited to the health, building, electrical, plumbing, mechanical, sign, fire, and other codes, statutes, and ordinances. (c) All grow operations shall be conducted in an enclosed building or greenhouse. Outdoor grow operations shall be prohibited. (d) Grow operations shall not be located in a structure that contains a residential use. (e) It shall be unlawful for any patient or primary caregiver to cultivate marijuana until he or she has first registered the location with the Pueblo Police Department and presented his or her state medical marijuana registration identification card to the Police. This information shall be a confidential record and shall be exempt from the Colorado Open Records Act, as required by House Bill 10-1284. (f) In addition to the above requirements, home cultivation uses shall also comply with the following: (1) Growing permitted for registered patients that are residents of the dwelling, (2) The registered patient(s) must live at the property used for cultivation, (3) Sale, transferal or other distribution of any portions of the plant, product, bi- product, etc. associated with home cultivation shall be unlawful and shall require a medical marijuana center license, (4) The number of plants shall not exceed what’s allowed by Amendment 20, (5) It shall be unlawful for any patient or caregiver to cultivate marijuana using carbon dioxide at any concentration above ambient air concentration for 4900 feet above sea level. The use or storage of other hazardous chemicals must be approved by the Fire Department. (6) A copy of the registered patients state medical marijuana registration shall be posted in a conspicuous place within three (3) feet of the place where the marijuana plants are cultivated. Sec. 17-15-9. Medical marijuana infused product manufacturing performance standards. All medical marijuana infused product manufacturing uses shall comply with the following performance standards: (a) The facility shall demonstrate compliance with all applicable building codes, including but not limited to the health, building, electrical, plumbing, mechanical, sign, fire, and other codes, statutes, ordinances, and codes. (b) All medical marijuana infused products shall be prepared in a building or facility that is used exclusively for the manufacture and preparation of medical marijuana- infused products. (c) All medical marijuana infused products shall be prepared using equipment that is used exclusively for the manufacture and production of medical marijuana infused products. SECTION 6. This Ordinance, and these amendments to Title XVII of the Pueblo Municipal Code, shall be subject to administration and enforcement in accordance with Chapters 5 and 7 of the Title XVII, Pueblo Municipal Code, as amended. Any person who violates any provision of this Ordinance or these amendments shall be guilty of a municipal offense and shall be subject to the punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo Municipal Code, as amended. SECTION 7. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: July 12, 2010 BY: Judy Weaver /COUNCILPERSON PASSED AND APPROVED: July 26, 2010 Background Paper for Proposed ORDINANCE DATE: JULY 12, 2010 AGENDA ITEM # R-8 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE AMENDING CHAPTERS 2, 4, 5 AND 10 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE AND BY THE ADDITION OF CHAPTER 15 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO MEDICAL MARIJUANA AND PROVIDING PENALTIES FOR VIOLATION THEREOF ISSUE Should the City Council amend Chapters 2, 4, 5 and 10 of Title XVII of the Pueblo Municipal Code and add Chapter 15 of Title XVII of the Pueblo Municipal Code relating to Medical Marijuana? RECOMMENDATION The Planning and Zoning Commission, at their June 9, 2010 Regular Meeting, voted 5-1 to recommend approval. BACKGROUND On November 7, 2000, the voters of Colorado approved Amendment 20 of the Colorado Constitution, which created a limited exception from criminal liability under Colorado law for persons suffering from debilitating medical conditions who are in need of marijuana for medical purposes and who obtain and use medical marijuana under the circumstances specified in Amendment 20. During the 2010 State Legislative session, two Medical Marijuana related bills were passed by the General Assembly: 1) House Bill 10-1284, which creates a state and local licensing process for medical marijuana centers (dispensaries), grow operations, and food products that contain marijuana, and 2) Senate Bill 10-109, which creates criteria for the physician/patient relationship. House Bill 10-1284 created substantial regulations for the creation and operation of medical marijuana facilities, including centers, optional grow premises and infused product manufacturing facilities. The proposed text amendment will create regulations for medical marijuana facilities where none exist currently. FINANCIAL IMPACT None.