Title
Ordinance No. 17-30 amending Chapter 7 (Planning, Development and Building) of the Code of the City of Colorado Springs 2001, as amended, pertaining to marijuana uses and providing remedies for the violation thereof.
(Legislative)
Presenter:
Peter Wysocki, Director of Planning and Development
Body
Summary:
The proposed ordinance amends City Code Chapter 7, Article 3, Part 2, Sections 203 and 205 adding a new prohibited use and a definition of "Marijuana Uses, Other".
Previous Council Action:
The proposed ordinance was developed by City staff and vetted through the City's Marijuana Working Group. The proposed ordinance was introduced to Council on February 27, 2017. Council has recently approved several ordinances pertaining to marijuana regulations and licensing. This ordinance does not change or modify any of the previously adopted ordinances.
On March 14, 2017, City Council approved this item on first reading with a unanimous vote of 9:0.
Background:
The Marijuana Working Group meets to discuss ordinances and policies related to the current medical marijuana moratorium and future code and licensing amendments. Through those discussions it was recognized that unlawful transfer of retail marijuana is occurring throughout the City. The operation of a retail marijuana establishment is currently prohibited in Chapter 2 of the City Code. One way that businesses have attempted to circumvent the prohibition on the retail sale of marijuana is by the "transfer" or "gifting" of marijuana in exchange for other goods or services. This practice, which was specifically outlawed in 2016 by the State Legislature, occurs when a person receives marijuana in exchange for purchasing a separate service or product, such as a smoking device. This practice is prohibited under the Colorado Revised Statutes. The proposed ordinance will codify that prohibition within the City Zoning Code by defining "marijuana uses, other" and specifically states that it is...
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