Under the authority granted in §
44-11-101, C.R.S. et seq. and the Charter of the City of Grand Junction this
chapter is adopted by the City Council and prohibits certain business
and land uses related to medical marijuana in the City and in furtherance
of its stated intent, the City Council makes the following findings.
The Colorado Medical Marijuana Code, §
44-11-101, C.R.S. et seq. authorizes a regulatory structure for the retail,
sale, distribution, cultivation and dispensing of medical marijuana,
marijuana infused products and optional premises cultivation. Through
that regulatory structure the scope and authority of Amendment 20
to the Colorado Constitution is further defined.
The Colorado Medical Marijuana Code also specifically authorizes
the governing body of a municipality to vote to prohibit the licensure
and/or operation of medical marijuana centers, optional premises cultivation
operations and medical marijuana infused products manufacturing within
the municipality.
The Colorado Medical Marijuana Code also specifically authorizes
a municipality 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.
After due and careful consideration of the Colorado Medical
Marijuana Code, Article
XVIII of the
Colorado Constitution, the Controlled Substance Act (
21 U.S.C.
811), the Colorado
Uniform Controlled Substances Act (§
18-18-101, C.R.S. et seq.) and the real and possible effects of cultivation
and dispensing of marijuana and/or the manufacturing and sale of marijuana
infused products, those businesses, operations and land uses have
been found to adversely affect the health, safety and welfare of the
City and its inhabitants.
Therefore it is and shall be upon passage of the ordinance codified
in this chapter unlawful for any person to operate, cause to be operated
or permit to be operated a medical marijuana center, an optional premises
cultivation operation or a medical marijuana infused products manufacturing
or sale facility, business or operation related thereto in the City
and no City licenses shall issue for the same.
(Ord. 4437, 10-4-10)
All definitions provided in §
44-11-101, C.R.S. et seq. are adopted herein unless specifically amended hereby.
“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. “Marijuana” may
alternatively be spelled “marihuana.”
“Medical marijuana”
means marijuana that is grown and sold pursuant to the provisions
of §
44-11-101, C.R.S. et seq. and for a purpose authorized by
Article
XVIII, Section
14 of the Colorado Constitution.
“Medical marijuana center”
means any person licensed pursuant to §
44-11-101, C.R.S. et seq. who sells marijuana in any form to registered patients
or to a primary caregiver(s) as defined in Article
XVIII, Section
14 of the
Colorado Constitution, except, however, a primary caregiver as defined
herein shall not be considered a medical marijuana center.
“Medical marijuana infused product”
means any product infused with or containing marijuana that
is intended for use or consumption other than by smoking, including
edible products, ointments and tinctures.
“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.
“Person”
shall mean a natural person, partnership, association, company,
corporation, limited liability company or other organization or entity
or a manager, agent, owner, officer or employee thereof.
“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.
“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 re-labeling
of marijuana or its derivatives whether alone or mixed with any amount
of any other substance.
(Ord. 4437, 10-4-10)
This chapter shall apply to all property and persons within
the City of Grand Junction.
It shall be unlawful and a violation under this chapter for
a person to establish, operate, cause or permit to be operated, or
continue to operate within the City and within any area annexed to
the City after the effective date of the ordinance codified in this
chapter, a medical marijuana center, a medical marijuana infused product
manufacturing facility, an optional premises cultivation operation,
or any business, facility or any other operation requiring a license
under §
44-11-101, C.R.S. et seq.
The effective date of the ordinance codified in this chapter
shall be January 1, 2011.
The moratorium on commercial medical marijuana centers and facilities
imposed by Ordinance No. 4392 is hereby extended through December
31, 2010.
(Ord. 4437, 10-4-10)
Nothing in this chapter shall prohibit, regulate or otherwise
impair or be construed to prohibit, regulate or impair the cultivation,
use or possession of medical marijuana by a patient and/or by a primary
caregiver for his/her patients; provided, that such patient or primary
caregiver is acting in accordance with all applicable provisions of
Article
XVIII, Section
14(1)(c) of the Colorado Constitution, §
44-1-101,
C.R.S. et seq. as amended, §
25-1.5-106, C.R.S. as amended, the regulations promulgated by the State Department
of Public Health and Environment, the Department of Revenue or any
other agency with regulatory authority and the laws of the City.
(Ord. 4437, 10-4-10)
A violation of any provision of this chapter shall constitute a misdemeanor offense punishable in accordance with GJMC §
1.04.090. A person committing a violation shall be guilty of a separate offense for each and every day during which the offense is committed or continued to be permitted by such person and shall be punished accordingly.
(Ord. 4437, 10-4-10)
This chapter is necessary to protect the public health, safety,
and welfare of the residents of the City and covers matters of local
concern or matters of mixed State and local concern as provided by
§
44-11-101, C.R.S.
If any provision of this chapter is found to be unconstitutional
or illegal, such finding shall only invalidate that part or portion
found to violate the law. All other provisions shall be deemed severed
or severable and shall continue in full force and effect.
(Ord. 4437, 10-4-10)