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File #: 17-1237    Version: Name:
Type: Ordinance Status: Mayor's Office
File created: 8/29/2017 In control: City Council
On agenda: 10/10/2017 Final action: 10/10/2017
Title: Ordinance No. 17-88 amending Section 109 (Unlawful Acts) of Part 1 (Medical Marijuana License Code) of Article 2 (Marijuana) of Chapter 2 (Business Licensing, Liquor Regulation and Taxation) of the Code of the City of Colorado Springs 2001, as amended, pertaining to medical marijuana center hours of operation Presenter: Sarah B Johnson, City Clerk
Attachments: 1. Clerk-MMJHoursORD-2017-08-16.pdf, 2. Survey of MMJ Dispensary & Pharmacy Hours, 3. Signed Ordinance 17-88


Title
Ordinance No. 17-88 amending Section 109 (Unlawful Acts) of Part 1 (Medical Marijuana License Code) of Article 2 (Marijuana) of Chapter 2 (Business Licensing, Liquor Regulation and Taxation) of the Code of the City of Colorado Springs 2001, as amended, pertaining to medical marijuana center hours of operation

Presenter:
Sarah B Johnson, City Clerk

Body
Summary:
Change Medical Marijuana Center hours of operation from 8:00 A.M. to 7:00 P.M. to a proposed 8:00 A.M. to 9:00 P.M., increasing the allowed hours of operation to 9:00 P.M.

Previous Council Action:
City Council last amended the City's Medical Marijuana License Code in March of 2017 for the existing MMJ location cap, and last amended the Medical Marijuana Rules and Regulations for the City of Colorado Springs in June of 2017 for changes to the MMJ Fees.

Background:
At inception in 2010, the State Medical Marijuana Code made it unlawful to sell, serve, or distribute Medical Marijuana at any time other that between the hours of 8:00 A.M. and 7:00 P.M. Monday through Sunday (C.R.S. ? 12-43.3-901(4)(I)).

Colorado Senate Bill 15-115 eliminated that provision restricting Medical Marijuana Center (MMC) allowed hours of operation without any replacement language. The Marijuana Enforcement Division (MED) then adopted the following new rule, effective November 30, 2015.

M 308 - Selling, Serving, Distributing, and Transporting Medical Marijuana and Medical Marijuana-Infused Product: Hours of Operation

A. Hours of Operation. Medical Marijuana Businesses shall not sell, serve, distribute, or initiate the transport of Medical Marijuana or Medical Marijuana-Infused Product at any time other than between the hours of 8:00 am and 12:00 am, Mountain Time, Monday through Sunday.

B. Local Jurisdictions May Further Restrict Hours. Nothing in this rule shall prohibit a local jurisdiction from further restricting hours of operation within its jurisdiction.

In practice, if the local authority did...

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