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RESOLUTION NO. 03 <br />SERIES 2011 <br />A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO TITLE 17 OF <br />THE LOUISVILLE MUNICIPAL CODE TO ADOPT REGULATIONS REGARDING <br />MEDICAL MARIJUANA OPERATIONS <br />WHEREAS, Article XVIII, Section 14 of the Colorado Constitution, referred to as <br />Amendment 20, was approved by Colorado voters in November 2000; and <br />WHEREAS, Amendment 20 created a limited exception to the state's criminal <br />laws for any "patient" or "primary caregiver" in lawful possession of a registry <br />identification card to engage or assist in the medical use of marijuana and permits <br />physicians to authorize medical marijuana use for patients who have been diagnosed <br />with debilitating medical conditions; and <br />WHEREAS, Amendment 20 prohibits a patient from engaging in the medical use <br />of marijuana in a way that endangers the health or well -being of any person or in the <br />plain view of, or in a place open to, the general public; and <br />WHEREAS, the possession, use, sale, distribution or transportation of marijuana <br />is still a violation of federal law and, when possessed, used, sold, distributed or <br />transported for any purpose other than medical use, a violation of state law as well; and <br />WHEREAS, the Governor of Colorado on June 7, 2010 signed into law House <br />Bill 10 -1284 (HB 10 -1284) which provides guidance for local governments to regulate <br />medical marijuana operations; and <br />WHEREAS, HB 10 -1284 outlines multiple options for local municipalities from the <br />outright banning of medical marijuana operations to establishing detailed regulation and <br />licensing requirements no later than July 1, 2011; and <br />WHEREAS, the City of Louisville is a home rule municipal corporation and, in <br />addition to the authority set forth in HB 10 -1284 and other state statutes, has authority <br />pursuant to Article XX of the Colorado Constitution and the Louisville Home Rule <br />Charter to establish zoning districts and zoning regulations regulating the use of land <br />within the City; and <br />WHEREAS, the Louisville City Council directed staff to develop a series of <br />ordinances that will allow certain medical marijuana operations as permitted land uses <br />and license them with additional local licensing standards and regulations beyond those <br />set forth in HB 10 -1284, including without limitation provisions concerning such things <br />as additional or different distance restrictions, restrictions on the size of medical <br />marijuana operations, limits on the total number of licenses issued, minimum security <br />measures, hours of operation, restrictions or requirements pertaining to deliveries, <br />1 <br />