Title
Ordinance No. 17-29 creating Section 212 (Unlawful Transfer of Marijuana) of Part 2 (Other Dangerous Weapons and Substances) of Article 7 (Dangerous Weapons and Substances) of Chapter 9 (Public Offenses) of the Code of the city of Colorado Springs 2001, as amended, pertaining to the unlawful transfer of marijuana and providing penalties for the violation thereof.
(Legislative)
Presenter:
Bret Waters, Deputy Chief of Staff
Body
Summary:
The proposed ordinance creates the new section of City Code Chapter 9, Part 2, Article 7, Section 212 pertaining to the unlawful transfer of marijuana
Previous Council Action:
Council has acted on a number of medical marijuana related ordinances, but the proposed ordinance is not limited to medical marijuana and insures Code compliance for other marijuana related uses.
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 following input from the Colorado Springs Police Department, it was recognized that the 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 and the proposed ordinance mirrors language from the state statute.
The proposed ordinance will codify that prohibition within the "Dangerous Weapons and Substances" portion of the "Public Offenses" provisions of Chapter 9 of the...
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