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City Clerk's Office Item # R8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: November 25, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Elizabeth Drake, Assistant City Attorney
SUBJECT: AN ORDINANCE CREATING 11-1-612 OF THE PUEBLO MUNICIPAL
CODE CREATING THE CRIMINAL CONSEQUENCES FOR MISUSE OF
NATURAL MEDICINES
SUMMARY:
Attached for consideration is an Ordinance for the criminal chapter of the Pueblo
Municipal Code. This ordinance would add criminal penalties surrounding natural
medicines such as prohibitions of underage use, requirements for proper storage, and
public intoxication.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
In 2022 the state electorate passed Proposition 122. This proposition legalizes natural
medicines starting with psylocibins in January 2025. If approved by the state, other
natural medicines will become legal such as mescaline (cactus other than peyote).
Colorado Revised Statutes Title 12, Chapter 170 governs the regulation of natural
medicines.
medicines for individuals over the age of 21 years. The laws have significant differences
to marijuana and liquor laws and are regulated through the state Professions and
Occupations Act and the Department of Regulatory Agencies (DORA), where liquor and
marijuana are regulated with the department of Revenue Activities Regulation Act and
the Department of Revenue (DOR). It does not allow marijuana businesses to sell
natural medicines in the same business, but they can be in the same building. It also
limits local governments not to regulate more strictly than the state but allows for
regulations as to time and place of business operations.
Colorado is only the second state to legalize natural medicines. As such, these laws are
uncharted and untested in the legal system. Concerns have included: how best to
address negative impacts on communities such as zoning requirements for natural
practitioners and growers, wastewater, nuisances, and safe storage. Safe storage
on buildings such as mold.
There will be multiple ordinances to effectuate this change including criminal charges
and planning and zoning.
This ordinance is regulating criminal behavior. These laws make it clear that possession
and use is illegal for those under the age of 21 years. Therefore, this ordinance includes
provisions to criminalize possession and use under the age of 21 and providing it to those
under that age. Public intoxication is also prohibited by the laws and included as public
intoxication on such substances can be disruptive and a safety concern.
State law defines these substances as natural and specifically does not include any
The Pue
narcotics detectives raised concerns that substances such as dimethyltryptamine (DMT),
typically a bark and likely to become legal once approved by the state, can be extracted
using caustic and harsh chemicals that cause harm to the community, environment, first
responders, and potentially users. Therefore, there is a prohibition on such chemical
extractions.
Narcotics Detectives and Code Enforcement Officers raised concerns that they see
houses and buildings irrevocably damaged by individuals growing marijuana in
them. Damage includes mold, toxic chemicals and water damage. Law enforcement
also saw break-ins and robberies rise as a result of marijuana legalization both because
of the cash nature of the business and because of plants being visible from public
locations. Not only is this a public safety issue, it raises the stress on law enforcement
resources. Ordinances requiring appropriate storage were included and based upon
marijuana laws.
FINANCIAL IMPLICATIONS:
It is unknown what impact as these are new even across the county.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Input has been obtained from Pueblo Police Department, City prosecutors, Code
Enforcement and Planning Departments.
ALTERNATIVES:
If City Council does not approve this Ordinance, there would be no enforcement
mechanism for police officers.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. ORD - Natural Medicine
ORDINANCE NO. 10845
AN ORDINANCE CREATING 11-1-612 OF THE PUEBLO
MUNICIPAL CODE CREATING THE CRIMINAL
CONSEQUENCES FOR MISUSE OF NATURAL MEDICINES
WHEREAS, the electorate of the State of Colorado passed Proposition 122: Access to
Natural Psychedelic Substances and subsequently the Colorado Revised Statutes were modified
to accommodate the passing of said proposition, and;
WHEREAS, Pueblo City Council finds that unfettered and/or unregulated access to such
substances could be dangerous and directly impact on the health of the community; and
WHEREAS, Pueblo City Council finds that if left unregulated natural medicines would
adversely affect the safety of the City; and
WHEREAS, Pueblo City Council finds that the cultivation of such substances, potentially
WHEREAS, It is unlawful, even under the state law to consume natural medicines, or be
under their influence in public, or to possess or consume if the individual is under the age of 21
and to effectively enforce the state laws municipal codes are necessary; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter
being deleted, underscoring indicates new matter being added)
SECTION 1.
Sec. 11-1-612 Natural Medicines - prohibited acts.
(a) As used in this section the following words have the following meanings:
(1) Natural medicine means the following substances: psilocybin, or
psilocin. It may include the following substances if, and only once they are
approved by the state licensing authority: dimethyltryptamine, ibogaine, and/or
mescaline but not peyote (lophophra williamsii Lemaire). Natural medicine does
not include any synthetic, or synthetic analog of these substances, and does not
include a derivative of naturally occurring compound of natural medicine that is
produced using chemical synthesis, chemical modification, or chemical
conversion.
(2) Openly means occurring or existing in a manner that is unconcealed,
undisguised, or obvious.
(3) Publicly means:
a. Occurring or existing in a public place;
b. Occurring or existing in any place that is commonly or usually
open or accessible by the general public; or
c. Occurring or existing in any outdoor location where the
consumption or being under the influence of natural medicine
is clearly observable from a public place.
(4) Public place means a place to which the public or a substantial
number of the public have access, and includes, but is not limited to, parks,
playgrounds, open space areas, trails, paths, sidewalks, streets, highways, and
public rights-of-way, public buildings, transportation facilities, schools, places of
amusement, mercantile establishments, shopping centers, places of business
usually open to the general public, the common areas of any public or private
buildings or facilities, parking lots, and vehicles in or upon such places.
(b) It shall be unlawful and a Class 1 municipal offense for any person to
consume, use, or be under the influence of natural medicine or natural medicine products
openly and publicly or in a manner that endangers others.
(1) It shall not be an offense under Subsection (b) of this Section if the
consumption of natural medicine is occurring on private residential property and the
person consuming the natural medicine is:
a. An owner of the property; or
b. A person who has a leasehold interest in the property; or
c. Any other person who has been granted express or implied
permission to consume natural medicine on the property by
the owner or the lessee of the property.
(c) It shall be unlawful and a Class 1 municipal offense for any person to
produce, manufacture, or process natural medicine or products containing natural
medicine with the use of chemicals for the purposes of enhancing, concentrating, or
extracting dimethyltryptamine; ibogaine; mescaline; psilocybin; or psilocyn or any
alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or
synthesized, of dimethyltryptamine; ibogaine; mescaline; psilocybin; or psilocyn.
(d) It shall be unlawful and a Class 1 municipal offense for any person to
provide, gift, sell, procure, leave available for, or by any means hand off any natural
medicine to any person under the age of twenty-one (21) years.
(e) It shall be unlawful and a Class 1 municipal offense for any person under
twenty-one (21) years of age to possess, consume or use natural medicine or products
containing natural medicine.
(f) It shall be unlawful and a Class 1 municipal offense to store any natural
medicine unless it is:
(1) in a closed container that conceals the contents; and
(2) the storage is locked and secured in such a way to prevent access by
anyone under the age of twenty-one (21) years; and
(3) is secured in such a way as to prevent theft.
(g) It shall be unlawful and a Class 1 misdemeanor to grow, cultivate, process
or produce natural medicines for personal use unless it is:
(1) in a secured locations that conceals the activity; and
(2)is locked and secured in such a way to prevent access by anyone
under the age of twenty-one (21) years, and to prevent theft, burglary, trespass and
the like; and
(3) in an area separate and distinct from any residence, such as a shed
whether attached or detached; and
(4) in compliance with all applicable zoning, water, nuisance, or any other
similar ordinance, state law, or regulation.
(h) It shall be unlawful and a Class 1 municipal offense to provide, sell, gift, or
convey by any means natural medicines for therapeutic uses without the appropriate state
licensing.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with this Ordinance to implement the policies and procedures described herein.
SECTION 3.
This Ordinance shall become effective thirty (30) days after the date of final action by the
Mayor and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on November 11. 2024.
Final adoption of Ordinance by City Council on November 25, 2024.
President of City Council
Action by the Mayor:
Approved on .
Disapproved on based on the following objections:
_
Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of , on
Council action on _______
President of City Council
ATTEST
City Clerk