|
Malcolm Fleming, City Manager
<br />May 25, 2010
<br />Page 6 of 6
<br />LIGHT, HARRINGTON & DAWES, P.C.
<br />marijuana, and inform the State whether they will be obtaining their medical marijuana from
<br />self - growing, a registered caregiver, or a licensed medical marijuana center.
<br />C. Extend the Temporary Moratorium
<br />The City may also determine to extend the temporary moratorium on the acceptance, processing,
<br />or issuance of applications or requests for business registration, sales tax licenses, building
<br />permits, and certificates of occupancy for medical marijuana dispensaries that it approved by
<br />Ordinance No. 1561, Series 2009. The temporary moratorium was extended by Ordinance No.
<br />1570, Series 2010 to expire on August 15, 2010.
<br />A municipality "that has adopted a Temporary Moratorium" regarding the subject matter of
<br />Article 43.3 is "specifically authorized to extend the moratorium until the effective date of the
<br />rules adopted by the Department of Revenue in accordance within this Article." C.R.S. § 12-
<br />43.3-202(1)(b)(1).
<br />The Department of Revenue is required to "promulgate such rules and such special rulings and
<br />findings as are necessary for the proper regulation and control of the cultivation, manufacture,
<br />distribution, and sale of medical marijuana and for the enforcement of this Article." C.R.S. 12-
<br />43.3-202(1)(b)(I). As indicated in C.R.S. § 12- 43.3 -202, the rules that the Department of
<br />Revenue may adopt include, but are not limited to "[i]nstructions for local licensing authorities
<br />and law enforcement officers. "
<br />Conclusion. As discussed above, the near -term decision for the City is whether it desires to
<br />enact its own licensing requirements or pursue a potential ban as a local option. Respecting
<br />either option, the City could further extend its current moratorium to allow further time for study
<br />and determination of a desired course of action, though the effective date of the state rules is not
<br />certain, This memo is by no means an exhaustive analysis of the Bill, but rather is intended as a
<br />general overview to help inform initial discussions of the options and the direction the City may
<br />be interested in pursuing. If you have any questions, please contact us.
<br />cc: Bruce Goodman, Chief of Police
<br />Heather Balser, Deputy City Manager
<br />13 Pursuant to C.R.S. § 12- 43.3 -202, rules may also include, but are not limited to the following subjects: procedures
<br />and ground for denying, suspending, fining, restricting; requirements for inspections, investigations, searches,
<br />seizures, and additional activities; prohibition of misrepresentation and unfair practices; control of informational and
<br />product displays; development of individual identification cards for owners, officers, managers, contractors,
<br />employees, and other staff licensed pursuant to the Article; security requirement for premises; regulation of the
<br />storage of, warehouses for, and transportation of medical marijuana; sanitary requirements for medical marijuana
<br />centers; labeling standards; records to be kept by licensees and the required availability of the records; and such
<br />other matters as are necessary for the fair, impartial, stringent, and comprehensive administration of the Article.
<br />16
<br />
|