Medical Marijuana Dispensaries and Growing Operations
Updates:
On June 22, 2010 the Douglas County Board of County Commissioners determined that the following ballot question will be submitted to eligible electors of Douglas County, Colorado, at the regular election on November 2, 2010 regarding the statutory expansions for medical marijuana:
MEDICAL MARIJUANA BALLOT QUESTION:
PURSUANT TO THE AUTHORITY GRANTED BY C.R.S. SECTION 12-43.3-106, SHALL MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS AND MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURERS’ LICENSES, AS THOSE TERMS ARE DEFINED IN C.R.S. SECTION 12-43.3-104, BE PROHIBITED WITHIN THE UNINCORPORATED BOUNDARIES OF DOUGLAS COUNTY, COLORADO?
Yes_________ No_______
Resolution No. R-010-108, which prohibits certain medical marijuana uses.
The Colorado Legislature during the 2010 legislative session considered and adopted legislation which in pertinent part added a new Article 43.3 to Title 12 of the Colorado Revised Statutes. The Colorado Medical Marijuana Code clarifies Colorado law regarding the scope and extent of Amendment 20 to the Colorado Constitution, and at the same time authorizes a mechanism for the sale, distribution, cultivation, and dispensing of medical marijuana known as a “Medical Marijuana Center,” and further authorizes licensing mechanisms known as an “Optional Premises Cultivation Operation” and a “Medical Marijuana-Infused Products Manufacturers’ License”.
In addition, C.R.S. § 12-43.3-106 of the Colorado Medical Marijuana Code specifically authorizes a governing body of a county to “vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers’ licenses” and C.R.S. § 12-43.3-310 further specifically authorizes a local government in part “to prohibit the operation of medical marijuana centers, optional premises cultivation operations, and medical marijuana-infused products manufacturers’ licenses based on local government zoning, health, safety, and public welfare laws for the distribution of medical marijuana that are more restrictive than this article.”
In addition, C.R.S. § 12-43.3-308(1)(c) of the Colorado Medical Marijuana Code provides that the state and local licensing authorities shall not receive or act upon a new application “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 county."
Lastly, the Colorado Medical Marijuana Code authorizes a majority of registered electors of Douglas County voting at a regular election to vote to prohibit the operation of Medical Marijuana Centers, Optional Premises Cultivation Operations, and Medical Marijuana-Infused Products Manufacturers’ Licenses.
On June 22, 2010, the Board of County Commissioners adopted Resolution No. R-010-108 A RESOLUTION PROHIBITING THE NEW CONSTRUCTION, ALTERATION, OR USE OF ANY BUILDING, STRUCTURE, OR PROPERTY FOR THE SALE, DISTRIBUTION, CULTIVATION, AND DISPENSING OF MEDICAL MARIJUANA AND MEDICAL MARIJUANA CENTERS, OPTIONAL PREMISES CULTIVATION OPERATIONS, AND MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURERS’ LICENSES UNTIL SUCH TIME AS AN ELECTION QUESTION IS SUBMITTED TO THE REGISTERED AND ELIGIBLE ELECTORS OF DOUGLAS COUNTY ON WHETHER TO PROHIBIT SUCH USES WITHIN THE UNINCORPORATED BOUNDARIES OF DOUGLAS COUNTY, COLORADO.
The resolution prohibits certain medical marijuana uses at least until such time as an election question can be decided by County voters. In the event the election result allows or fails to prohibit expanded medical marijuana facilities within the unincorporated portions of the County, the resolution directs Douglas County staff to prepare draft licensing procedures and to prepare any appropriate amendments to the Douglas County Zoning Resolution, consistent with that result.
GOV. RITTER STRENGTHENS MEDICAL MARIJUANA OVERSIGHT - June 7, 2010
Gov. Bill Ritter today signed two bills that will increase oversight of voter-approved medical marijuana in Colorado by strengthening the rules for dispensaries and physicians.
“In my State of the State Address in January, I called on the legislature to work with my office, law enforcement, the medical marijuana community and other stakeholders to bring bipartisan, common-sense solutions to the chaotic proliferation of medical marijuana dispensaries in communities all around Colorado,” Gov. Ritter said. “The companion measures I signed today strike a delicate balance between protecting public safety and respecting the will of the voters.
“House Bill 1284 provides a regulatory framework for dispensaries, including giving local communities the ability to ban or place sensible and much-needed controls on the operation, location and ownership of these establishments,” the Governor said. “Senate Bill 109 will help prevent fraud and abuse, ensuring that physicians who authorize medical marijuana for their patients actually perform a physical exam, do not have a DEA flag on their medical license and do not have a financial relationship with a dispensary.”
An Act Concerning Regulation of Medical Marijuana and Making an Appropriation Therefore »
On March 30, 2010 the Douglas County Board of County Commissioners Approved Amendments to the Douglas County Zoning Resolution to Establish Zoning Regulations for Medical Marijuana Dispensaries and Growing Operations.
Resolution Approving Amendments to the Douglas County Zoning Resolution
Staff Report presented at the March 30th Public Hearing
Approved Amendments:
Zoning Resolution Section 14 - General Industrial District »
Zoning Resolution Section 21 - Use by Special Review »
Zoning Resolution Section 36 - Definitions »
For more information or questions please contact Douglas County Planning at 303-660-7460.