Title
Ordinance No. 18-52 amending Section 211 (Personal Cultivation of Medical 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 cultivation of marijuana and providing penalties for the violation thereof
Presenter:
Mattie Albert Gullixson, Senior Regulatory Compliance Analyst
Body
Summary:
The proposed ordinance is a revision to the City's criminal code to complement the zoning code ordinance developed to prohibit the growth, cultivation or processing of marijuana or medical marijuana in specified zones, unless licensed by the City of Colorado Springs or specifically authorized in the zoning code.
The language reflects Colorado Revised Statutes 18-18-406 ("Offenses relating to marijuana and marijuana concentrate"), aligning the City's criminal code with that of the state.
Previous Council Action:
N/A
Background:
In November 2000, Colorado voters passed Amendment 20 that authorized limited possession and use of medical marijuana. A decade after Amendment 20, the Colorado State Legislature approved legislation licensing the commercial production and distribution of medical marijuana. While the medical marijuana industry was legitimized in Colorado State Statute, caregivers and patients remained able to grow their own medical marijuana in residential properties with allowances up to 99 plants.
Years after the state-led legalization of the medical marijuana industry - and retail marijuana industry - black market diversion remains a significant challenge. One of the driving factors identified was the high plant count allowed for patients and caregivers in residential areas - and the allowance that individuals could grow marijuana on behalf of others without being the primary caregiver. In order to address the public safety issue and public nuisance issues that arose with lar...
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