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.