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HomeMy WebLinkAbout10845 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