Search
Help & SupportChapter 6-14: Medical Marijuana
6-14-1 Legislative Intent and Purpose.
(a) Legislative Intent. The city council intends to regulate the use, acquisition, production and distribution of medical marijuana in a manner that is consistent with Article XVIII, Section 14 of the Colorado Constitution (the "Medical Marijuana Amendment.")
(1) The Medical Marijuana Amendment to the Colorado Constitution does not provide a legal manner for patients to obtain medical marijuana unless the patient grows the marijuana or the marijuana is grown by the patient's primary caregiver.
(2) Use, sale, production, possession and transportation of medical marijuana remains illegal under federal law, and marijuana remains classified as a "controlled substance" by both Colorado and federal law.
(3) The regulations for medical marijuana uses are not adequate at the state level, making it appropriate for local regulation of the impacts of medical marijuana uses.
(4) Nothing in this chapter is intended to promote or condone the production, distribution or possession of marijuana in violation of any applicable law or to be more restrictive than the Medical Marijuana Amendment.
(b) Purpose. The purpose of this chapter is to implement the Medical Marijuana Amendment and to protect the public health, safety and welfare of the residents and patients of the City by prescribing the manner in which medical marijuana businesses can be conducted in the City. Further, the purpose of this chapter is to:
(1) Provide for the safe sale and distribution of marijuana to patients who qualify to obtain, possess and use marijuana for medical purposes under the Medical Marijuana Amendment.
(2) Protect public health and safety through reasonable limitations on business operations as they relate to noise, air and water quality, food safety, neighborhood and patient safety, security for the business and its personnel and other health and safety concerns.
(3) Promote lively street life and high quality neighborhoods by limiting the concentration of any one type of business in specific areas.
(4) Impose fees to cover the cost to the City of licensing medical marijuana businesses in an amount sufficient for the City to recover its costs of the licensing program.
(5) Adopt a mechanism for monitoring compliance with the provisions of this chapter.
(6) Create regulations that address the particular needs of the patients and residents of the City and coordinate with laws that may be enacted by the state regarding the issue.
(7) Facilitate the implementation of the Medical Marijuana Amendment without going beyond the authority granted by it.
(8) Support Boulder's Sustainability and Climate Action Plan goals by requiring renewable sources for energy use to grow medical marijuana.
(c) Relationship to State Law. The provisions in this chapter that are different from the State Law are consistent with the City's responsibility to protect the public health, safety and welfare as authorized by §12-43.3-305, C.R.S., and by the home rule authority granted to the City by Article XX of the Colorado Constitution and the Charter of the City. The City intends that both State Law and this chapter apply within the City. Where this chapter conflicts with the State Law, this chapter shall apply on all matters authorized in §12-43.3-101, et seq., C.R.S. and all matters of local concern.
(d) Adoption of this chapter 6-14 is not intended to waive or otherwise impair any portion of the local option available under §12-43.3-106, C.R.S.
Ordinance Nos. 7716 (2010); 7780 (2011)
The following words and phrases used in this chapter have the following meanings unless the context clearly indicates otherwise:
Business manager means the individual designated by the owner of the medical marijuana business as the person responsible for all operation of the business in the absence of the owner from the business premises.
Cultivation facility or optional premises means a licensed medical marijuana business that is owned by the same owner as a medical marijuana center and produces and harvests medical marijuana plants for a medical use for distribution by such medical marijuana center.
Distribute or distribution means the actual, constructive or attempted transfer, delivery, sale or dispensing to another, with or without remuneration.
Financier means any person who lends money to any person licensed under this chapter. Financier shall not include a bank, savings and loan association, credit union or industrial bank supervised and regulated by an agency of the state or federal government.
Licensed premises means the portion of a licensed medical marijuana business location within which the licensee is authorized to distribute, possess or produce medical marijuana and which premises are clearly identified as the licensed premises on the floor plan submitted with the medical marijuana business license application for the business.
Licensee means the medical marijuana business named on the medical marijuana business license, and all individuals named in the medical marijuana business license application or later reported to the City, including without limitation, owners, business managers, financiers and individuals owning any part of an entity that holds a financial or ownership interest in a medical marijuana business.
Marijuana shall have the same meaning as the term "usable form of marijuana" as set forth in Article XVIII, Section 14(1)(i) of the Colorado Constitution, or as may be more fully defined in any applicable state law or regulation.
Medical marijuana means any marijuana intended for medical use which meets all requirements for medical marijuana contained in this chapter, Article XVIII, Section 14, and any other applicable law.
Medical marijuana business means any person that cultivates, produces, sells, distributes, possesses, transports or makes available marijuana in any form to patient or to a primary caregiver for medical use, or a primary caregiver that cultivates, produces, sells, distributes, possesses, transports or makes available medical marijuana in any form to more than one patient. Possession of more than six marijuana plants and two ounces of a usable form of marijuana by a patient or primary caregiver shall be considered a medical marijuana business. The term medical marijuana business shall not include the private possession, production and medical use of marijuana by an individual patient or the private possession, production, distribution and medical use of marijuana by an individual caregiver for one patient in the residence of the patient or caregiver to the extent permitted by Article XVIII, Section 14 of the Colorado Constitution.
Medical marijuana center means a licensed medical marijuana business that distributes medical marijuana to patients or primary caregivers or to medical marijuana-infused product manufacturers or to another medical marijuana center.
Medical marijuana-infused product means a product infused with medical marijuana that is intended for use or consumption other than by smoking, including, without limitation, edible products, ointments and tinctures.
Medical marijuana-infused product manufacturer means a licensed medical marijuana business that produces medical marijuana-infused products.
Medical Marijuana Local Licensing Authority means the city manager. The city manager shall be the local licensing authority for the purpose of any state law that requires the City to designate a local licensing authority.
Medical marijuana plant means a marijuana seed that is germinated and all parts of the growth therefrom including, without limitation, roots, stalks and leaves. For purposes of this chapter, the portion of a medical marijuana plant harvested from the plant or converted to a usable form of medical marijuana for medical use is not considered part of the plant upon harvesting.
Medical use shall have the same meaning as is set forth in Article XVIII, Section 14(1)(b) of the Colorado Constitution, or as may be more fully defined in any applicable state law or regulation.
Patient shall have the same meaning as is set forth in Article XVIII, Section 14(1)(d) of the Colorado Constitution, or as may be more fully defined in any applicable state law or regulation.
Possess or possession means having physical control of an object, or control of the premises in which an object is located, or having the power and intent to control an object, without regard to whether the one in possession has ownership of the object. Possession may be held by more than one person at a time. Use of the object is not required for possession. The owner of a medical marijuana business shall be considered in possession of the medical marijuana business at all times. The business manager of a medical marijuana business shall be considered in possession of the medical marijuana business at all times that the business manager is on the premises of the business or has been designated by the owner as the business manager in the absence of the owner in accordance with this chapter.
Primary caregiver shall have the same meaning as is set forth in Article XVIII, Section 14(1)(f) of the Colorado Constitution, or as may be more fully defined in any applicable state law or regulation.
Produce or production means (i) all phases of growth of marijuana from seed to harvest; (ii) combining marijuana with any other substance for distribution, including storage and packaging for resale; or (iii) preparing, compounding, processing, encapsulating, packing or repackaging, labeling or relabeling of marijuana or its derivatives, whether alone or mixed with any amount of any other substance.
Ordinance Nos. 7716 (2010); 7780 (2011)
(a) License Required. It shall be unlawful for any person to operate a medical marijuana business without obtaining a license to operate pursuant to the requirements of this chapter. This licensing requirement applies to all medical marijuana businesses regardless of whether the business was established before or after the City adopted laws regarding medical marijuana.
(1) Any medical marijuana business that commenced operation prior to August 2, 2010, and had obtained a valid sales and use tax license from the City may continue in operation pending final action by the city manager on the application submitted pursuant to this chapter, provided that an application for a medical marijuana business was submitted to the City by 5 p.m. November 1, 2010.
(2) Any existing medical marijuana business that does not meet the licensing requirements set forth in this chapter shall terminate its operation upon the effective date of this chapter.
(b) Additional Licenses and Permits May be Required. The license requirement set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state or local law, including, by way of example, a retail sales and use tax license, a retail food establishment license or any applicable zoning or building permit.
(c) License Does Not Provide any Exception, Defense or Immunity from other Laws. The issuance of any license pursuant to this chapter does not create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the production, distribution or possession of marijuana.
(d) Separate License Required for Each Location. A separate license shall be required for each location from which a medical marijuana business is operated. Provided, however, that in the event that a medical marijuana business has more than one location, a medical marijuana business license shall not be required for the location at which:
(1) No medical marijuana is produced, dispensed or possessed;
(2) Neither patients nor caregivers other than the licensee go to the location for purposes related to the medical marijuana business;
(3) No employees go to the location on a regular basis; and
(4) Only peripheral operations of the business, including, without limitation, bookkeeping, administrative services or deliveries that do not include medical marijuana, occur at the location.
(e) License Non-Transferable; Exceptions. A medical marijuana business license is not transferable or assignable, including without limitation, not transferable or assignable to a different location, to a different type of business, or to a different owner or licensee. A medical marijuana business license is valid only for the owner named thereon, the type of business disclosed on the application for the license, and the location for which the license is issued. The licensees of a medical marijuana business license are only those persons disclosed in the application or subsequently disclosed to the City in accordance with this chapter. A transfer of a medical marijuana business shall be permitted in the following circumstance:
(1) The new owner and all licensees of the business have previously been approved by the City as part of another medical marijuana business license application; and
(2) The license transfer location is permitted without the exceptions of subsection 6-14-7(c) or (f) of this chapter.
Ordinance Nos. 7716 (2010); 7780 (2011); 7814 (2011)
(a) General Licensing Provisions. The general procedures and requirements of licenses, as more fully set forth in Chapter 4-1, "General Licensing Provisions," B.R.C. 1981, shall apply to medical marijuana business licenses. To the extent there is any conflict between the provisions of this chapter and Chapter 4-1, the provisions of this chapter shall control for medical marijuana business licenses.
(b) Defense to Criminal Prosecutions. Compliance with the requirements of this chapter shall not provide an exception, immunity or defense to criminal prosecution under any applicable law, except in the Boulder Municipal Court for a violation of this chapter as specifically provided herein.
(c) Insurance Required. The insurance specified in section 4-1-8, "Insurance Required," B.R.C. 1981, is required for a license under this chapter.
(d) Costs of Inspection and Clean-Up. In the event the City incurs costs in the inspection or clean-up of any medical marijuana business, or any person producing, distributing or possessing marijuana, the business and responsible person shall reimburse the City all actual costs incurred by the City for such inspection or clean-up.
(e) Decisions on Application or Revocation Final. The decision of the city manager on an application for a medical marijuana business license or revocation thereof pursuant to this chapter shall be the final decision of the City subject only to judicial review pursuant to Colorado Rule of Civil Procedure 106(a)(4), unless the notice of the decision includes an opportunity for a hearing as provided in Section 1-3-3, "Notice of Agency Action," B.R.C. 1981. No defense or objection may be presented for judicial review unless it is first presented to the city manager prior to the decision.
Ordinance Nos. 7716 (2010); 7780 (2011); 7814 (2011)
(a) Application Requirements. An application for a medical marijuana business license shall be made to the City on forms provided by the city manager for that purpose. The applicant shall use the application to demonstrate its compliance with this chapter and any other applicable law, rule or regulation. In addition to the information required by chapter 4-1, "General Licensing Provisions," B.R.C. 1981, the application shall include the following information:
(1) Name and address of the owner or owners of the medical marijuana business in whose name the license is proposed to be issued.
(A) If the owner is a corporation, the name and address of any officer or director of the corporation and of any person holding issued and outstanding capital stock of the corporation.
(B) If the owner is a partnership, association or company, the name and address of any person holding an interest therein and the managing members. If a managing member is an entity rather than an individual, the same disclosure shall be required for each entity with an ownership interest until a managing member that is a natural person is identified.
(C) If the owner is not a natural person, the organizational documents for all entities identified in the application, identification of the natural person that is authorized to speak for the entity and contact information for that person.
(2) Name and address of:
(A) Any business managers of the medical marijuana business, if the business manager is proposed to be someone other than the owner.
(B) All financiers of the medical marijuana business.
(C) All primary caregivers that will consult with patients or distribute medical marijuana at the medical marijuana business.
(3) A statement of whether or not any of the named owners, members, business managers, financiers, primary caregivers or persons named on the application have been:
(A) Denied an application for a medical marijuana business license pursuant to this chapter or any similar state or local licensing law, rule or regulation, or had such a license suspended or revoked.
(B) Denied an application for a liquor license pursuant to Title 12, Article 47 or Article 46, C.R.S., or any similar state or local licensing law, or had such a license suspended or revoked.
(C) Convicted of a crime, other than a traffic offense, or completed any portion of a sentence due to a criminal conviction.
(D) Convicted of driving or operating other machinery under the influence of alcohol, drugs or medication, driving while impaired or driving with excessive alcohol content in violation of § 42-4-1301, C.R.S., or any comparable law, or a misdemeanor related to abuse of alcohol or a controlled substance.
(4) Proof of ownership or legal possession of the licensed premises for a medical marijuana business for the term of the proposed license.
(5) Proof of insurance as provided in Section 4-1-8, "Insurance Required," B.R.C. 1981.
(6) An operating plan for the proposed medical marijuana business, including the following information:
(A) A description of the products and services to be provided by the medical marijuana business.
(B) A dimensioned floor plan, clearly labeled, showing:
(i) The layout of the structure and the floor plan in which the medical marijuana business is to be located;
(ii) The principal uses of the floor area depicted on the floor plan, including but not limited to the areas where nonpatients will be permitted, private consulting areas, storage areas, retail areas and areas where medical marijuana will be distributed;
(iii) Areas where any services other than the distribution of medical marijuana are proposed to occur on the licensed premises; and
(iv) The separation of the areas that are open to persons who are not patients from those areas open to patients.
(C) A neighborhood responsibility plan that demonstrates how the business will fulfill its responsibilities to the neighborhood, including neighborhood outreach, methods for future communication and dispute resolution.
(D) For cultivation facilities and medical marijuana-infused product manufacturers, a plan that specifies the methods to be used to prevent the growth of harmful mold and compliance with limitations on discharge into the wastewater system of the City as set forth in chapter 11-3, "Industrial and Prohibited Discharges," B.R.C. 1981.
(7) A security plan indicating how the applicant will comply with the requirements of this chapter and any other applicable law, rule or regulation. The security plan includes specialized details of security arrangements and will be protected from disclosure as provided under the Colorado Open Records Act, § 24-72-203(2)(a)(VIII), C.R.S. If the City finds that such documents are subject to inspection, it will attempt to provide at least twenty-four-hour notice to the applicant prior to such disclosure.
(8) A lighting plan showing the lighting outside of the medical marijuana business for security purposes and compliance with applicable city requirements.
(9) A zoning confirmation form from the City, to ascertain within a radius of one-quarter mile from the boundaries of the property upon which the medical marijuana business is located, the proximity of the property to any school or state licensed child care center, to any other medical marijuana business or to any residential zone district. school or state licensed child care center, to any other medical marijuana business or to any residential zone district.
(10) Fingerprints and personal histories as may be specified on forms provided by the city manager. This requirement shall apply to all owners, business managers, financiers and caregivers employed by or under contract to provide services to the medical marijuana business, including all individuals who have an interest as described herein of any portion of the medical marijuana business, directly or as a member, partner or officer of a corporation, partnership, association or company.
(11) A plan for disposal of any medical marijuana or medical marijuana-infused product that is not sold to a patient or primary caregiver in a manner that protects any portion thereof from being possessed or ingested by any person or animal.
(12) A plan for ventilation of the medical marijuana business that describes the ventilation systems that will be used to prevent any odor of medical marijuana off the premises of the business. For medical marijuana businesses that grow medical marijuana plants, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises.
(13) A description of all toxic, flammable or other materials regulated by a federal, state or local government with authority over the business that will be used or kept at the medical marijuana business, the location of such materials and how such materials will be stored.
(b) Evidence of Rehabilitation May Be Submitted. In the event the criminal history of an owner, member, business manager, financier, primary caregiver or other person named on the application contains information regarding conviction of a crime or previous denial or revocation of a license, that person may include with the license application any information regarding such conviction, denial or revocation. Such information may include, but is not limited to, evidence of rehabilitation, character references and educational achievements, especially those items pertaining to the period of time between the applicant's last criminal conviction and the date of the application.
(c) Fee Required. Any application for a medical marijuana business permit shall be accompanied by the application fee, criminal background check fee, the annual license fee as required by section 4-20-64, "Medical Marijuana Businesses," B.R.C. 1981, and any other applicable fees.
(d) Inspection. An inspection of the proposed medical marijuana business by the City shall be required prior to issuance of a license. Except for medical marijuana businesses operating as allowed by subsection 6-14-3(a), "License Required," B.R.C. 2981, such inspection shall occur after the licensed premises are ready for operation, but prior to the stocking of the business with any medical marijuana, and prior to the opening of the business to any patients or the public. The inspection is to verify that the business facilities are constructed and can be operated in accordance with the application submitted and the applicable requirements of the code and any other applicable law, rule or regulation.
(e) Investigation. For purposes of section 12-43.3-303(2), C.R.S., the investigation of the application by the City is not complete until the city manager has (i) determined the application is complete, (ii) determined the medical marijuana business is prepared and able to operate in compliance with all applicable laws, (iii) conducted an inspection of the business, (iv) obtained all other information the city manager determines necessary to make a decision whether to approve or deny the license application, or approve it with conditions, and (v) prepared the documentation necessary to support the decision made by the manager on the application.
(f) Approval Requirements. The city manager may issue a medical marijuana business license if the inspection, background checks and all other information available to the City verify that the applicant has submitted a full and complete application, has made improvements to the business location consistent with the application and is prepared to operate the business with other owners and managers as set forth in the application, all in compliance with this Code and any other applicable law, rule or regulation. The city manager will deny any application that does not meet the requirements of this chapter or any other applicable law, rule or regulation or that contains any false or incomplete information. The conditions of an approval of a medical marijuana business license shall include, at a minimum, operation of the business in compliance with all of the plans and information made part of the application.
Ordinance Nos. 7716 (2010); 7780 (2011)
6-14-6 Persons Prohibited as Licensees and Business Managers.
(a) It shall be unlawful for any of the following persons to have a financial interest in or manage a medical marijuana business, and no license provided by this chapter shall be issued to or held by, and no medical marijuana business shall be managed by:
(1) Any person until the annual fee for the license has been paid;
(2) Any person not of good moral character;
(3) Any corporation, any of whose officers, directors or stockholders holding an ownership interest are not of good moral character;
(4) Any partnership, association or company, any of whose officers or members holding an interest therein, or a managing member, are not of good moral character;
(5) Any person employing, assisted by or financed in whole or in part by any other person who is not of good moral character;
(6) Any person, unless such person's character, record and reputation are satisfactory to the city manager;
(7) Any natural person who is under twenty-one years of age; or
(8) Any person who operates or manages a medical marijuana business contrary to the provisions of this chapter, any other applicable law, rule or regulation, or conditions imposed on land use or license approvals, or contrary to the terms of the plans submitted with the license application, as such plans may be amended as provided in this chapter.
(9) A licensed physician making patient recommendations;
(10) A person licensed pursuant to this article who, during a period of licensure, or who, at the time of application, has failed to remedy an outstanding delinquency for taxes owed, or an outstanding delinquency for judgments owed to a government.
(11) A sheriff, deputy, police officer, or prosecuting officer, or an officer or employee of the state licensing authority or a local licensing authority;
(12) A person whose authority to be a primary caregiver as defined in § 25-1.5-106(2), C.R.S. has been revoked by the state health agency; or
(13) A person that is a licensee for a location that is currently licensed as a retail food establishment or a wholesale food registrant.
(b) In making the evaluation of the good moral character of an individual identified on an application or amendment thereof, the city manager shall consider the following:
(1) A criminal conviction shall not, by itself, be grounds for denying an application;
(2) Verification of or lack of ability to verify items disclosed by the individual;
(3) When an individual has a criminal history or a history including denial, revocation or suspension of a license, the types and dates of violations; the evidence of rehabilitation, if any, submitted by the individual; whether the crimes are related to moral turpitude, substance abuse or other crimes that may directly affect the individual's ability to operate a medical marijuana business; or whether the crimes are unrelated to the individual's ability to operate such a business;
(4) The evidence or lack of evidence regarding the ability of the individual to refrain from being under the influence of intoxicating or controlled substances while performing regular tasks and operating a medical marijuana business;
(5) Rules adopted by the city manager to implement this chapter;
(6) Law, rules and regulations applicable to evaluation of other types of licenses issued by governments that consider the good moral character of the applicants; and
(7) Any additional information the city manager may request of the individual if the individual has a criminal history, an administrative or judicial finding of violation of laws regarding use of alcohol or controlled substances or items disclosed by the individual which require additional information in order for the city manager to make a determination regarding issuance of the license.
Ordinance Nos. 7716 (2010); 7780 (2011)
6-14-7 Locations of Medical Marijuana Businesses.
(a) Fixed Location Required. It shall be unlawful to operate a medical marijuana business or to grow medical marijuana outside of an enclosed building. All medical marijuana business licenses shall be issued for a specific fixed location within an enclosed building. The portion of such premises upon which the floor plan shows medical marijuana may be produced, dispensed or possessed shall be considered the "licensed premises" portion of the business.
(b) Location – Permitted Use in Zoning District. A medical marijuana business license may be issued only if the business qualifies as a use permitted as a matter of right in the zone district where it is proposed to be located as follows:
(1) as "personal services" for a medical marijuana center; or
(2) as "greenhouse/nursery" for a cultivation facility; or (3) as "manufacturing" for a cultivation facility or for a medical marijuana-infused product manufacturer.
(3) as "manufacturing" for a cultivation facility or for a medical marijuana-infused product manufacturer.
(c) No Medical Marijuana Business in Building with Residences or Residential Zone Districts. A medical marijuana business license shall not be issued for a business in a building which contains a residence, or within a dwelling unit with any zone district, or within a residential zone district, as described in Table 5-1 of section 9-5-2, "Zoning Districts," B.R.C., 1981. This restriction shall not apply to a medical marijuana business that is located with a building with a residence, or within a residential zone district, under the following circumstances:
(1) The medical marijuana business and its licensees have been operating in compliance with all provisions of this code, including, without limitation, submitting a complete medical marijuana business application on or before November 1, 2010; and
(2) The medical marijuana business obtained a sales and use tax license from the city prior to November 5, 2009; and
(3) The medical marijuana business was legally established in compliance with Title 9 of this code prior to November 5, 2009.
(d) No Retail Sales in Cultivation Facilities or Manufacturing. It shall be unlawful for any person to permit retail sales within a medical marijuana business that is a cultivation facility or medical marijuana-infused product manufacturer.
(e) Distribution by Primary Caregiver. All distribution of medical marijuana to a patient or primary caregiver shall be made directly to a patient or a primary caregiver upon the licensed premises or via personal delivery of the medical marijuana by the primary caregiver from the licensed premises to the patient at the patient's residence as provided in this chapter.
(f) Separation From Schools, Day Care Centers or Other Medical Marijuana Uses. No medical marijuana business license shall be issued for the following locations:
(1) Within 500 feet of any elementary, junior high, middle or high school or state licensed day care center. Distances shall be measured by the City on official maps as the radius from the closest points on the perimeter of the applicant's property to the closest point of the property of the school or day care center. This restriction shall not apply to any applicant who applied for a sales and use tax license for a medical marijuana business prior to November 5, 2009, such license was approved and the business has continuously operated such business since December 1, 2009. In the discretion of the city manager, a medical marijuana business license may be issued for a location where either the medical marijuana business or the school or licensed day care center is located within a parcel with several different users, and:
(A) the distance between the applicant's property and the property of the school or day care center is less than 700 feet, and
(B) the distance between the buildings in which the medical marijuana business and the school or licensed day care are located is more than 750 feet apart, and
(C) the city manager finds that the location of parking lots, sidewalks, streets, landscaping and other appurtenances between the medical marijuana business and the school or day care provide practical separation of at least 500 feet between the use and the medical marijuana business.
(2) Within 500 feet of three other medical marijuana businesses, except that this limitation shall not apply in Industrial zones.
(A) Distances shall be measured by the City on official maps as the radius from the closet points on the perimeter of the applicant's property to the closest point of the property of any other medical marijuana business.
(B) This restriction shall not apply to any applicant who submits an application for a license for a medical marijuana business prior to September 1, 2010, in any location where the same applicant had obtained a sales and use tax license for the business on or before January 1, 2010, regardless of whether the actual sale or other distribution of medical marijuana had commenced at that location as of January 1, 2010.
(C) To determine the proximity to other medical marijuana businesses and the priority of applications, businesses shall have priority in the following order:
(i) Businesses that are open and operating;
(ii) Businesses whose applications have been approved; and
(iii) Applications for medical marijuana business licenses that have been submitted by the applicant and declared complete by the City.
(iv) No other applications shall be considered "businesses" for this determination.
(g) Limitations on Dual Licenses. A medical marijuana business license may not be issued for any location which also is a part of the licensed premises of a business holding a beverages license pursuant to section 4-2-3, "Authority to Issue City Licenses," B.R.C. 1981 or a medical marijuana business license under this chapter.
(h) Limitations on Medical Marijuana Centers. The following shall be the minimum requirements for a medical marijuana center:
(1) The area of the business is 3,000 square feet or less;
(2) The business does not distribute medical marijuana only, but provides other caregiver services consistent with a wellness center, including but not limited to health treatments or therapy generally not performed by a medical doctor or physician, such as physical therapy, massage, acupuncture, aromatherapy, yoga, audiology or homeopathy or knowledgeable consultation on the effects of amount and forms of ingestion of different types of marijuana for medical use;
(3) The business includes one or more private rooms for consultation on the medical use of marijuana or other services.
Ordinance Nos. 7716 (2010); 7780 (2011); 7814 (2011)
6-14-8 Requirements Related to Operation of Medical Marijuana Businesses.
(a) Onsite Use Prohibited. No marijuana shall be smoked, eaten or otherwise consumed or ingested within the medical marijuana business.
(b) Age Limitations. No person under eighteen years of age shall be on the licensed premises, unless the person is accompanied by a parent or guardian.
(c) Display of Licenses Required. The name and contact information for the owner or owners and any business manager of the medical marijuana business, the medical marijuana business license and the sales tax business license shall be conspicuously posted in the business.
(d) Business Conducted Within Building. Any and all production, distribution, possession, storage, display, sales or other distribution of marijuana shall occur only within the licensed premises of a medical marijuana business and shall not be visible from the exterior of the business.
(e) Owner or Business Manager Required on Premises. No licensed premises shall be managed by any person other than the licensee or the business manager listed on the application for the license or a renewal thereof. Such licensee or business manager shall be on the premises and responsible for all activities within the licensed business during all times when the business is open or in the possession of another person. In the event the licensee intends to employ a business manager that was not identified on the license or renewal application, the licensee shall report the name of such business manager to the City, and such business manager shall submit to the City, at least thirty days prior to commencing serving as the business manager, an application containing all of the information required by this chapter and on the license application. Such licensee shall report to the City any change in business managers at least thirty days prior to employing an additional business manager, and no more than five days after a business manager is released from such position.
(f) Hours of Operation. The medical marijuana business shall be closed to the public, and no sale or other distribution of marijuana shall occur upon the licensed premises or via delivery from the licensed premises, between the hours of 7:00 p.m. and 8:00 a.m.
(g) Use of Pesticides. No pesticides, insecticides or noxious substances which are prohibited by applicable law for fertilization or production of edible produce shall be used on any marijuana produced, possessed or dispensed by a medical marijuana business. A medical marijuana business shall comply with all applicable law regarding use of pesticides including without limitation, chapter 6-10, "Pesticide Use," B.R.C. 1981.
(h) Ventilation Required. A medical marijuana business shall be properly ventilated to filter the odor from marijuana so that the odor cannot be detected by a person with a normal sense of smell at the exterior of the medical marijuana business or at any adjoining use or property.
(i) Renewable Energy Usage Required. A medical marijuana cultivation facility shall directly offset 100% of its electricity consumption through the purchase of renewable energy in the form of Windsource, a verified subscription in a Community Solar Garden or renewable energy generated onsite, or an equivalent that is subject to approval by the City.
(j) Limitations on Inventory. The medical marijuana business shall not maintain any more marijuana within the licensed premises than is permitted under applicable law for the patients which have designated the business as primary caregiver. No plants shall be located in a medical marijuana center or a medical marijuana-infused product manufacturer. The medical marijuana business shall maintain current records evidencing the status as patients of those who have designated the business as the patient's primary caregiver.
(k) Reporting Requirements. A medical marijuana business shall report each transfer or change of financial interest, business manager, financier and primary caregiver in the license to the City at least thirty days before the transfer or change. A medical marijuana business shall report sales and taxable transactions and file sales and use tax reports to the city monthly.
(l) Delivery to Patients. In the event a primary caregiver personally delivers medical marijuana to one or more patients, at all times any medical marijuana is outside of the licensed premises:
(1) The medical marijuana shall be packaged, sealed and labeled as provided in this chapter. The label shall include the name of the patient to whom it is being delivered.
(2) The primary caregiver delivering the medical marijuana shall have in the primary caregiver's possession documents evidencing: (i) the patient identified on each package of medical marijuana has designated the person as the patient's primary caregiver; (ii) the patient requested delivery of medical marijuana by the primary caregiver; (iii) the amount of the requested delivery; (iv) the date of the requested delivery; and (v) if more than two ounces is being delivered to a patient, a copy of the doctor's recommendation for that patient specifying the additional amount of medical marijuana medicinally necessary for that patient.
(3) In no event shall the primary caregiver be in possession of more than eight ounces of a usable form of medical marijuana for delivery outside of the licensed premises.
(m) Delivery Between Medical Marijuana Businesses. It shall be unlawful for any person to transport medical marijuana, except as specifically allowed by applicable law, unless the medical marijuana being transported meets the following requirements:
(1) All medical marijuana-infused products are hand-packaged, sealed and labeled as provided in this chapter and the products stored in closed containers that are labeled as provided in this section.
(2) All medical marijuana in a usable form for medicinal use is packaged and stored in closed containers that are labeled as provided in this section.
(3) Each container used to transport medical marijuana is labeled with the amount of medical marijuana or medical marijuana-infused products, or the number and size of the plants, in the container. The label shall include the name and address of the medical marijuana business that the medical marijuana is being transported from and the name and address of the medical marijuana business that the medical marijuana is being transported to. The label shall be shown to any law enforcement officer that requests to see the label.
(4) Unless otherwise specifically allowed by applicable law, medical marijuana may be transported only:
(A) From a cultivation facility to a medical marijuana business; and
(B) Which medical marijuana business is owned by the same person as owns the cultivation facility; or
(C) Between one medical marijuana center to another center.
(n) Disposal of Medical Marijuana and Marijuana Byproducts. All medical marijuana and any product containing a usable form of marijuana shall be disposed of in a manner that prevents any person or animal from being able to ingest any marijuana.
(o) Possession of Mature Flowering Plants. No more than one-half of the medical marijuana plants within a medical marijuana business or possessed by a patient may be mature, flowering plants producing a usable form of marijuana.
(p) Advertisement. A medical marijuana business may not advertise in a manner that is inconsistent with the medicinal use of medical marijuana. A medical marijuana business may not advertise in a manner that is misleading, deceptive, false or is designed to appeal to minors. Advertisement that promotes medical marijuana for recreational or any use other than for medicinal purposes shall be a violation of this code.
Ordinance Nos. 7716 (2010); 7780 (2011); 7814 (2011)
6-14-9 Right of Entry – Records to Be Maintained.
(a) Records to Be Maintained. Each licensee shall keep a complete set of books of account, invoices, copies of orders and sales, shipping instructions, bills of lading, weigh bills, correspondence, bank statements including cancelled checks and deposit slips and all other records necessary to show fully the business transactions of such licensee. Receipts shall be maintained in a computer program or by pre-numbered receipts and use for each sale. The records of the business shall clearly track medical marijuana product inventory purchased and sales and disposal thereof to clearly track revenue from sales of any medical marijuana from other paraphernalia or services offered by the medical marijuana business. The licensee shall also maintain inventory records evidencing that no more marijuana was within the medical marijuana business than allowed by applicable law for the number of patients who designated the medical marijuana business owners as their primary caregiver. All such records shall be open at all times during business hours for the inspection and examination of the City or its duly authorized representatives. The City may require any licensee to furnish such information as it considers necessary for the proper administration of this chapter. The records shall clearly show the source, amount, price and dates of all marijuana received or purchased, and the amount, price, dates and patient or caregiver for all medical marijuana sold.
(b) Separate Bank Accounts. The licensee shall maintain a separate bank account in the name of the business for the entire operation of each medical marijuana business, including all deposits and disbursements. The revenues and expenses of the medical marijuana business shall not be commingled in a checking account with any other business or individual person's deposits or disbursements.
(c) Disclosure of Records. By accepting the medical marijuana business license, the licensee is providing consent to disclose the information required by this chapter, including information about patients and caregivers. Any records provided by the licensee that includes patient or caregiver confidential information may be submitted in a manner that maintains the confidentiality of the documents under the Colorado Open Records Act, § 24-72-201, et seq., C.R.S., or other applicable law. Any document that the applicant considers eligible for protection under the Colorado Open Records Act shall be clearly marked as confidential, and the reasons for such confidentiality shall be stated on the document. In the event that the licensee does appropriately submit documents so as not to be disclosed under the Colorado Open Records Act, the City shall not disclose it to other parties who are not agents of the City, except law enforcement agencies. If the City finds that such documents are subject to inspection, it will provide at least twenty-four-hour notice to the applicant prior to such disclosure.
(d) Audits. The City may require an audit to be made of such books of account and records on such occasions as it may consider necessary. Such audit may be made by an auditor to be selected by the City that shall likewise have access to all books and records of such licensee. The expense of any audit determined necessary by the City shall be paid by said licensee.
(e) Consent to Inspection. Application for a medical marijuana business license from the City constitutes consent by the licensee, owners, managers and employees to permit the city manager to conduct routine inspections of the licensed medical marijuana business to ensure compliance with this chapter or any other applicable law, rule or regulation.
(f) Reporting of Source, Quantity and Sales. The records to be maintained by each licensee shall include the source and quantity of any marijuana distributed, produced or possessed upon the licensed premises. Such reports shall include, without limitation, for both acquisitions from wholesalers and transactions to patients or caregivers, the following:
(1) Name and address of seller or purchaser;
(2) Date, weight, type of marijuana and dollar amount or other consideration of transaction; and
(3) For wholesale transactions, the state and City, if any, sales and use tax license number of the seller.
(g) Reporting of Energy Use and Renewable Energy Credit (REC) Purchases. The records to be maintained by each licensee that grows medical marijuana shall include, without limitation, records showing on a monthly basis the use and source of energy and the number of certified Renewable Energy Credits (RECs) purchased, or the subscription level for another renewable energy acquisition program approved by the city manager. Such records shall include all statements, reports or receipts to verify the items included in the report of the licensee. By acceptance of the medical marijuana business license from the City, the licensee grants permission to providers of the energy or point of origin of the RECs or other renewable energy acquisition program to disclose the records of the licensee to the City.
Ordinance Nos. 7716 (2010); 7780 (2011); 7814 (2011)
6-14-10 Requirements Related to Security of Licensed Premises and Inventory.
The licensed premises shall contain all components in good working order of the security plan submitted with the application, as it may be amended, and shall be monitored and secured twenty-four hours per day, including, at a minimum, the following security measures:
(a) Cameras. The medical marijuana business shall install and use security cameras to monitor all areas of the licensed premises and where persons may gain or attempt to gain access to marijuana or cash maintained by the medical marijuana business. Recordings from security cameras shall be maintained for a minimum of seven days in a secure off-site location.
(b) Use of Safe for Storage. The medical marijuana business shall install and use a safe for overnight storage of any processed marijuana and cash on the licensed premises, with the safe being incorporated into the building structure or securely attached thereto.
(c) Alarm System. The medical marijuana business shall install and use a monitored alarm system.
(d) Report of Criminal Activity. Reports of all criminal activities or attempts thereof shall be reported to the police department within twelve hours of occurrence.
Ordinance Nos. 7716 (2010); 7780 (2011)
6-14-11 Requirements for Public Health and Labeling.
(a) Medical Marijuana-Infused Products. The production of any medical marijuana-infused product shall be at a medical marijuana-infused product manufacturer that meets all requirements of a retail food establishment as set forth in § 25-4-1601, et seq., C.R.S., the Food Protection Act. The production of any product containing medical marijuana shall comply with all health and safety standards thereof. The licensee shall comply with all applicable state and local health regulations related to the production, preparation, labeling and sale of prepared food items.
(b) Labeling and Packaging Requirements. All medical marijuana sold or otherwise distributed by the licensee shall be packaged and labeled in a manner that advises the purchaser that it contains marijuana and specifies the amount of marijuana in the product, that the marijuana is intended for medical use solely by the patient to whom it is sold, and that any resale or redistribution of the medical marijuana to a third person is prohibited. The label shall include all ingredients contained in the product, in order from most abundant to least abundant. The label shall identify potential food allergy ingredients, including milk, eggs, fish, shellfish, tree nuts, peanuts, wheat and soybeans. The label shall identify all chemical additives, including, without limitation, pesticides, herbicides and fertilizers that were used in the production of the medical marijuana used in the product. The product shall be packaged in a sealed container that cannot be opened without obvious damage to the packaging. The label shall contain the following warning:
THIS PRODUCT IS MANUFACTURED WITHOUT ANY REGULATORY OVERSIGHT FOR HEALTH, SAFETY OR EFFICACY. THERE MAY BE HEALTH RISKS ASSOCIATED WITH THE INGESTION OR USE OF THIS PRODUCT.
(c) Additional Requirements for Extracts. For products containing medical marijuana extracted from the plant, including, without limitation, tinctures, balms, oils, butters or candies, the label shall also include the name of the extraction fluid used, the strength of the medical marijuana in the extraction fluid and the amount of extract in the sealed product.
Ordinance Nos. 7716 (2010); 7780 (2011)
6-14-12 Compliance with Other Applicable Law.
(a) Application of State Law. Except as may be provided otherwise in this chapter, or rules adopted pursuant to this chapter or interpretations by the City, any law or regulation adopted by the state governing the production, possession or distribution of marijuana for medical use shall also apply to medical marijuana businesses in the City. Provided however, if a state law or regulation permits what this chapter prohibits, this chapter shall prevail. Compliance with any applicable state law or regulation that does not permit what this chapter prohibits shall be deemed an additional requirement for issuance or denial of any license under this chapter, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued under this chapter. No medical marijuana business shall continue operations in violation of an additional state law or regulation, which does not permit what this chapter prohibits, applicable within the City after the effective date of the state law or regulation.
(b) Revocation of License Upon Denial or Revocation of State License or Applicable Federal Prohibition. A medical marijuana business license is a revocable privilege, and no holder thereof shall be deemed to have acquired any property interest therein. If the state prohibits the production, possession or other distribution of marijuana through medical marijuana businesses, or if a medical marijuana business is denied a medical marijuana business license or has such license revoked pursuant to § 12-43.3-101, et seq., C.R.S. or if a court of competent jurisdiction determines that the federal government's prohibition of the production, possession or other distribution of marijuana through medical marijuana businesses supersedes state law, any license issued pursuant to this chapter shall be deemed to be immediately revoked by operation of law, with no ground for appeal or other redress on behalf of the licensee.
Ordinance Nos. 7716 (2010); 7780 (2011)
(a) Prohibited Acts. It shall be unlawful for any person to:
(1) Violate any provision of this code or any condition of an approval granted pursuant to this code or any law, rule or regulation applicable to the use of medical marijuana or the operation of a medical marijuana business;
(2) Permit any other person to violate any provision of this code or any condition of an approval granted pursuant to this code, or any law, rule or regulation applicable to the use of medical marijuana or the operation of a medical marijuana business;
(3) Distribute medical marijuana without a medical marijuana business license or outside of the licensed premises of the medical marijuana business;
(4) Obtain marijuana from a person who is not licensed as a medical marijuana business;
(5) Take marijuana for medical use in any form in plain view of, or in a place open to, the general public. Places open to the general public include without limitation any property owned, leased or used by a public entity, retail malls, businesses open to the public, common areas of a building or in vehicles visible from a place open to the general public.
(6) Smoke, use or ingest marijuana, alcoholic beverages or a controlled substance on the premises of the medical marijuana business.
(7) Produce, distribute or possess more medical marijuana than allowed in this chapter or other applicable law.
(8) Produce, distribute or possess medical marijuana, or own or manage a medical marijuana business in which another produces, distributes or possesses medical marijuana, in violation of this chapter or any other applicable law.
(9) Make any changes, or for the licensee to allow any changes, to the items included in the plans submitted with the license application and approved by the City, or the individuals identified in the application, without prior approval of the City.
(10) Own, manage or possess a medical marijuana business where medical marijuana is outside of the licensed premises portion of such business. It shall be an affirmative defense to a violation of this section if the medical marijuana outside of the licensed premises was: (i) in the custody and control of a patient; (ii) purchased by that patient from the business and the patient has not left the business since purchase; and (iii) the amount of medical marijuana in the custody and control of the patient does not exceed the amount the patient may possess lawfully;
(11) Possess more than six marijuana plants and two ounces of a usable form of marijuana without a medical marijuana business license for a cultivation facility. It shall be an affirmative defense to this charge if a legitimate recommendation from a qualified physician of the patient for whom the marijuana is being grown includes a recommendation for a specific amount of marijuana in excess of six marijuana plants or two ounces of a usable form of marijuana as being medically necessary to address the patient's debilitating medical condition;
(12) Possess medical marijuana that is not in a sealed package in a place where the possessor is not authorized to possess or consume medical marijuana.
(13) Dispose of medical marijuana or any byproduct of medical marijuana containing marijuana in a manner contrary to this chapter;
(14) Distribute a medical marijuana plant to any person that is not licensed as a medical marijuana cultivation facility;
(15) Possess a number of mature, flowering plants producing a usable form of marijuana that is more than one-half of the medical marijuana plants that are lawfully possessed by the person;
(16) Distribute, or own or manage a medical marijuana business where distribution occurs, from a medical marijuana business of a medical marijuana-infused product that was produced in a manner that is not in compliance with this chapter;
(17) Possess medical marijuana, or own or manage a medical marijuana business where there is possession of medical marijuana, by a person who is not a patient, a primary caregiver or a licensee of a medical marijuana business.
(18) Possess or operate a medical marijuana business in violation of this chapter;
(19) Possess or operate a medical marijuana business in a location or in a manner for which a medical marijuana business license is prohibited by the terms of this chapter;
(20) Attempt to use of display a medical marijuana business license at a different location or for a different business entity than the location and business entity disclosed on the application for the issued license;
(21) Manufacture, distribute or possess any medical marijuana at a location without a medical marijuana business license prior to passing the inspection required by this chapter; provided however, this subparagraph shall not apply to medical marijuana businesses qualifying for the exception of subsection 5-14-3(a) "License Required," B.R.C. 1981).
(22) Deliver medical marijuana to a patient or between medical marijuana businesses except in strict compliance with section 6-14-8;
(23) Operate a medical marijuana business in a manner that is not consistent with the items disclosed in the application for the medical marijuana business license.
(24) Possess or use medical marijuana; (A) on the grounds of a school, university or in a school bus; or (B) in a vehicle, aircraft or motorboat;
(25) Operate or be in physical control of any medical marijuana business, liquor establishment, vehicle, aircraft or motorboat while under the influence of medical marijuana.
(26) Refuse to allow inspection of a medical marijuana business upon request of a city employee.
(27) Advertise or publish materials or display signs that are in violation of this code.
(b) Affirmative Defense. It shall be an affirmative defense to any violation of this chapter that the prohibited act is specifically authorized by the Medical Marijuana Amendment.
Ordinance Nos. 7716 (2010); 7780 (2011); 7814 (2011)
6-14-14 Suspension or Revocation of License.
(a) A medical marijuana business license may be suspended or revoked for any of the following violations:
(1) Conviction of the business, a licensee or any owner, business manager, financier or primary caregiver of any violation of this chapter or any other law, rule or regulation applicable to the use of medical marijuana or operation of a medical marijuana business;
(2) Misrepresentation or omission of any material fact, or false or misleading information, on the application or any amendment thereto, or any other information provided to the City related to the medical marijuana business;
(3) Conviction of any licensee of a crime which, if occurring prior to submittal of the application, could have been cause for denial of the license application;
(4) Distribution of medical marijuana, including, without limitation, delivery to a patient, in violation of this chapter or any other applicable law, rule or regulation;
(5) Operation of a medical marijuana business in violation of the specifications of the license application, any conditions of approval by the City, or any violation of this chapter or any other law, rule or regulation applicable to the use of medical marijuana or operation of a medical marijuana business;
(6) Failure to maintain, or provide to the City upon request, any books or records required by this chapter;
(7) Failure to timely notify the City and to complete necessary city forms for changes in financial interest, business managers, financier or primary care giver;
(8) Temporary or permanent closure, or other sanction of the business, by the City, or by the county or State Public Health Department or other governmental entity with jurisdiction, for failure to comply with health and safety provisions of this chapter or otherwise applicable to the business or any other applicable law;
(9) Revocation or suspension of another medical marijuana business license.
Ordinance Nos. 7716 (2010); 7780 (2011)
6-14-15 Term of License – Renewals – Expiration of License.
(a) Term of License. A medical marijuana business license shall be valid for one year. The license shall expire on the last day of the month in which the license is issued of the year following issuance or renewal of the license. For the first license issued for a medical marijuana business, the city manager may designate an expiration date in excess of one year, but no more than twenty-four months, to facilitate the administration by the City of renewals of such licenses.
(b) Renewal of License. The licensee shall apply for renewal of the medical marijuana business license at least forty-five days before the expiration of the license. The licensee shall apply for renewal using forms provided by the City.
(1) The renewal license fee shall accompany the renewal application. Such fee is nonrefundable.
(2) In the event there has been a change to any of the plans identified in the license application which were submitted to and approved by the City with the application or an earlier renewal, the renewal application shall include specifics of the changes or proposed changes in any of such plans.
(3) In the event any person who has an ownership interest as described in the disclosures made to the City pursuant to this chapter, or any business manager, financier, caregiver or employee has any criminal violations since such disclosure, the renewal application shall include the name of the violator, the date of the violation, the court and case number where the violation was filed and the disposition of the violation with the renewal application.
4) The renewal application shall include a summary report for the previous twelve months showing the amount of marijuana purchased, the amount of marijuana sold, the forms in which marijuana was sold, the number of patients and the number of primary caregivers who received marijuana, the police report numbers or case numbers of all police calls to the medical marijuana business and for calls resulting in criminal charges, the charge, case number and disposition of any of the charges.
(5) The City shall not accept renewal applications after the expiration of the license.
(6) In the event there have been allegations of violations of this code by any of the licensees or the business submitting a renewal application, the City may hold a hearing pursuant to chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, prior to approving the renewal application. The hearing shall be to determine whether the application and proposed licensees comply with this chapter and whether the operation of the business has been in compliance with this code. If the City does not hold a hearing and the application and the licensees do not meet the requirements of this chapter, or the business has been operated in the past in violation of this code, the renewal application may be denied or issued with conditions, and the decision shall be final subject to judicial review as provided in subsection 16-4-4(e).
(c) Nonpayment of Tax. In the event a medical marijuana business that has been open and operating and submitting sales and use tax returns to the City monthly ceases providing sales and use tax returns to the City for a period of three months or longer, the medical marijuana business license shall be deemed to have expired and a new license required prior to reopening at the location of the business.
(d) Expiration of License. Expiration of a medical marijuana business license for any reason including without limitation, pursuant to subsection (c) above shall be considered an inactive local license as described in § 12-43.3.312, C.R.S.
Ordinance Nos. 7716 (2010); 7780 (2011); 7814 (2011)
6-14-16 City Manager Authorized to Issue Rules.
The city manager may adopt rules and regulations that the city manager determines are reasonably necessary to implement the requirements of this chapter.
Ordinance Nos. 7716 (2010); 7780 (2011)