Under the authority granted in Article
XVIII, Section
16 of the Colorado Constitution (Amendment 64) and the Charter of the City of Grand Junction, this chapter is adopted by the City Council to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, and all business and land uses that are not authorized by Ordinance No. 5064, codified as GJMC §
5.13.010 et seq., and, in furtherance of its stated intent, the City Council makes the following findings:
After due and careful consideration of Article
XVIII, Section
16 of the
Colorado Constitution and the Controlled Substances Act (
21 U.S.C.
811) and the
real and possible primary and secondary effects of the 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 marijuana cultivation facility(ies),
marijuana product manufacturing facility(ies), and/or a retail marijuana
store(s), business or operation related thereto in the City and no
City licenses, permits or approvals shall issue for the same.
(Ord. 5143, 5-3-23; Ord. 5117, 12-21-22; Ord. 4722, 10-21-16; Ord. 4599, 9-4-13)
All definitions provided in GJMC §
5.14.011 and Article
XVIII, Section
16 of the
Colorado Constitution are adopted herein unless specifically amended
hereby.
Marijuana
may alternatively be spelled “marihuana.”
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 (1) all phases of growth of marijuana from seed to
harvest, (2) combining marijuana with any other substance for distribution,
including storage and packaging for resale, or (3) preparing, compounding,
processing, encapsulating, packing or repackaging, labeling or relabeling
of marijuana or its derivatives whether alone or mixed with any amount
of any other substance.
Sale, sell, offer for sale, offer to sell
means and includes every contract or transaction whether
oral or written that contemplates the exchange of value, whether money
or something else, tangible or intangible, for a product or commodity.
(Ord. 4599, 9-4-13)
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
section, a marijuana cultivation facility, and/or to conduct any marijuana
cultivation business as either a primary, incidental or occasional
activity or any other similar operation and/or the establishment of
a land use, home occupation, business or commercial activity concerning
marijuana cultivation.
A regulated cannabis businesses may be established, operate, cause or be permitted to be operated, or continue to operate within the City and within any area annexed to the City so long as the business has fully and faithfully complied with GJMC §
5.13.010 et seq. and all other applicable law. A regulated cannabis business includes retail and/or co-located retail and medical cannabis businesses.
A cannabis product manufacturer may be established, operate, cause or be permitted to be operated, or continue to operate within the City and within any area annexed to the City so long as the business has fully and faithfully complied with GJMC §
5.10.010 et seq. and all other applicable law. A cannabis product manufacturer includes cannabis-infused product manufacturers.
Pursuant to the prohibitions set forth above, any application
for a license to operate a marijuana facility, establishment or commercial
operation except a marijuana testing facility, shall be deemed denied
upon the date of filing the same with the City. Applications for licenses
may be filed with the Finance Department. An application for a marijuana
testing facility may be filed with the Community Development Division.
If an application for a marijuana testing facility is granted
by the City, the facility shall conduct its operations in accordance
with the processes, standards and requirements of §§
44-12-301 and
44-12-405 C.R.S. and the regulations promulgated by Colorado regulatory agencies having jurisdiction, including but not limited to the Colorado Department of Health and Public Environment, on, over or pertaining to marijuana testing and the authorization of/licensing of the same. Furthermore, as determined necessary or required, the City Manager, in consultation with the City Attorney may issue administrative regulations pertaining to the licensure of a marijuana testing facility in accordance with GJMC §
2.12.010. Those regulations may include but not be limited to the payment of fees; the licensee shall be obligated to pay any and all applicable State and local fees and charges and comply with all applicable law.
(Ord. 5143, 5-3-23; Ord. 5117, 12-21-22; Ord. 4722, 10-21-16; Ord. 4599, 9-4-13)
Nothing in this chapter shall prohibit or otherwise impair or
be construed to prohibit or impair the cultivation, use or possession
of medical and/or personal use marijuana by a patient and/or by a
primary caregiver for his/her patients; provided, that such patient
or primary caregiver or a person acting in accordance with all applicable
provisions of Article XVIII, Section 14(1)(C) and/or Article
XVIII, Section
16(2) of the Colorado Constitution, §
44-11-101, C.R.S. et seq. as amended, §
25-1.5-106, C.R.S. and/or the regulations promulgated by the Colorado Department
of Public Health and Environment, the Colorado Department of Revenue
or any other State and/or Federal agency with regulatory authority
and the laws of the City.
(Ord. 4599, 9-4-13)
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.
The establishment, operation and/or continuation of any activity
in violation of this chapter is specifically determined to constitute
a public nuisance and may be abated by the City as a nuisance and
may be enjoined by the City in an action brought before the Municipal
Court.
The remedies set forth in this chapter are and shall be deemed
cumulative and shall be in addition to any other remedy(ies) at law
or in equity that the City may possess or assert.
(Ord. 4599, 9-4-13)
This chapter is necessary to protect the public health, safety,
and welfare of the residents of the City. 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. 4722, 10-21-16; Ord. 4599, 9-4-13)