HomeMy WebLinkAboutORDINANCE 23-100 0
ORDINANCE NO.23-10
AN ORDINANCE OF THE TOWN OF ESTES PARK
AMENDING CHAPTER 9 OF THE MUNICIPAL CODE BY THE
ADDITION OF A NEW CHAPTER 9.40 PROHIBITING
MEDICAL MARIJUANA FACILITIES
WHEREAS,the Colorado Legislature adopted legislation which added a new
Article 43.3 to Title 12 of the Colorado Revised Statutes known as the Colorado Medical
Marijuana Code;and
WHEREAS,the Colorado Medical Marijuana Code clarifies Colorado law
regarding the scope and extent of Amendment 20 to the Colorado Constitution,Article
XVIII,Section 14,and authorizes a regulatory process for the retail sale,distribution,
cultivation and dispensing of medical marijuana through facilities referred to as Medical
Marijuana Centers,”“Optional Premises Cultivation Operations”,and “Medical
Marijuana-Infused Products Manufacturers”;and
WHEREAS,Section 12-43.3-106 C.R.S.specifically authorizes the governing
body of a municipality to prohibit the operation of medical marijuana centers,optional
premises cultivation operations,and medical marijuana-infused products manufacturers;
and
WHEREAS,the Board of Trustees has reviewed and considered Article XVIII,
Section 14 of the Colorado Constitution,the Colorado Medical Marijuana Code,and the
secondary effects of medical marijuana centers,optional premises cultivation
operations,and medical marijuana-infused products manufacturing on the health,safety
and welfare of the Town of Estes Park and its inhabitants;and
WHEREAS,the Board of Trustees further recognizes the protections afforded by
Article XVIII,Section 14 of the Colorado Constitution,and desires to affirm the ability of
patients and primary caregivers to otherwise be afforded the protections of Article XVIII,
Section 14 of the Colorado Constitution and the Colorado Medical Marijuana Code;and
WHEREAS,on June 22,2010,the Board of Trustees adopted Ordinance No.14-
10 which extended the temporary moratorium on the issuance by the Town of any Town
business license,building permit,and any other approvals related to the establishment
or operation of medical marijuana facilities in the Town,including a temporary
moratorium on the engaging in the sale and/or production of any medical marijuana
without first having obtained from the Town a validly issued business license through
June 30,2011.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO as follows:
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1.The Municipal Code of the Town of Estes Park,Colorado,is hereby amended by
adding Chapter 9.40 as follows:
Chapter 9.40 Medical Marijuana
9.40.010 Uses prohibited.It is unlawful for any person to operate,cause to
be operated or permit to be operated a medical maruana center,an optional
premises cultivation operation,or a medical marijuana-infused products
manufacturing facility in the Town.
9.40.020 Definitions.For purpose of this Section,the following terms shall
have the following meanings:
1.Medical marijuana means marijuana that is grown and sold for a purpose
authorized by Article XVIII,Section 14 of the Colorado Constitution.
2.Medical marijuana center means a licensed business as described in the
Colorado Medical Marijuana Code that sells medical marijuana and medical
maruana-infused products.
3.Medical marijuana-infused products manufacturer means a licensed business
as described in the Colorado Medical Marijuana Code for the manufacturing
of medical marijuana-infused products.
4.Optional premises cultivation operation means a licensed business as
described in the Colorado Medical Marijuana Code to grow and cultivate
marijuana for a purpose authorized by Article XVIII,Section 14 of the
Colorado Constitution.
5.Patient has the meaning set forth in Article XVIII,Section 14(1)(c)of the
Colorado Constitution.
6.Primary caregiver has the meaning set forth in Article XVIII,Section 14(1)(f)
of the Colorado Constitution.
7.Colorado Medical Marijuana Code means Section 12-43.3-101 et.seq.CR5.
9.40.030 Patients and Primary Caregivers.Nothing in this Chapter 9.40 shall
be construed to prohibit,regulate,or otherwise impair the use of medical
marijuana by patients,or the provision of medical marijuana by a primary
caregiver to a patient in accordance with the Colorado Constitution,the
applicable provisions of the Colorado Revised Statutes,and rules and
regulations promulgated thereunder,as amended from time to time.
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2.The temporary moratorium extended by Ordinance No.14-10 is terminated upon
the effective date of this Ordinance.
WHEREAS,the Ordinance shall take effect and be in force 30 days after its adoption
and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS DAY OF
_______________
2010.
ATTEST:
TOWN 0
By
Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of the
Board of Trustees on the C.’-day of capc.a..,2010,and
published in a newspaper of general publication in the Town of Estes Park,Colorado on
the 2g-day of
_______________,
2010.
Tc Clerk
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