City Council Study Session Agenda and Packet 2010 10 26

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Malcolm Fleming, City Manager May 25, 2010 Page 5 of 6 LIGHT, HARRINGTON & DAWES, P.C. Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the license. Id.' The Bill clearly requires commercial medical marijuana operations to comply with applicable zoning laws. The Bill states that the "State or a local licensing authority shall not receive or act upon an application for the issuance of a state or local license...for a location in an area where the cultivation, manufacture, and sale of medical marijuana as contemplated is not permitted under the applicable zoning laws of the municipality..." C.R.S. § 12- 43.3 -308. B. Determination to Prohibit Commercial Operations The Bill states its provisions apply "statewide ". C.R.S. § 12- 43.3 -106. However, as stated above, "[p]rior to July 1, 2011, a ...municipality may adopt and enforce a[n]...ordinance ... prohibiting the cultivation or sale of medical marijuana." C.R.S. § 12- 43.3- 103(2)(a). If a municipality adopts such an ordinance, "a person who is not registered as a patient or primary caregiver ...and who is cultivating or selling medical marijuana shall not be entitled to an affirmative defense to a criminal prosecution as provided for in Section 14 of Article XVIII of the State Constitution unless the person is in compliance with the applicable...municipal law." Id. The Bill also includes a local option that specifically permits a municipality, county, city, or City and County to take action to "prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana - infused products manufacturers' licenses." C.R.S. §§ 12- 43.3 -106 and 310. A municipality may exercise this option by obtaining a vote of "either a majority of the registered electors of the municipality... voting at a regular or special election" or "a majority of the members of the governing board for the municipality." C.R.S. § 12- 43.3 -106. It is important to note that even if a municipality determines not to license medical marijuana centers, optional premises cultivation operations, and medical marijuana - infused products manufacturers, caregivers and patients of course may still register with the state and enjoy the protections of Amendment 20 in the community. As indicated by C.R.S. § 25 -1.5- 106(5), caregivers are to be regulated as a completely different type of activity than retail distributors. Examples of such regulations include the requirement that caregivers separately register with the state, that they can not serve more than five patients, and that a primary caregiver "may not charge a patient more than the cost of cultivating or purchasing the medical marijuana, but may charge for caregiver services." C.R.S. § 25 -1.5- 106(6). Pursuant to amendments made to C.R.S. § 25- 1.5- 106(6)(f), patients are required to make an election about the source of their medical 12 H.B. 1284 imposes a 1000 -foot spacing requirement from schools, residential childcare facilities and drug treatment facilities, but it also allows local governments to "vary this requirement to make it more or less strict. C.R.S. § 12 -43.3 -308. Additionally, the Bill requires licensees to comply with local sign codes. C.R.S. § 12-43.3 - 901(4)(a). The Bill limits hours of operation from 8:00 a.m. to 7:00 p.m., C.R.S. § 12- 43.3 - 904(4), and prohibits on- site consumption of medical marijuana. C.R.S. § 12- 43.3- 901(1)(a). 15