Presenter:
Lynette Crow-Iverson, President Pro Tem and Councilmember At Large
President Pro Tem Crow-Iverson presented the Ordinance submitting a
Charter amendment to the registered electors of the City at the November
5, 2024 Coordinated Election, adding a new Section 15-130 prohibiting
retail marijuana establishments. She stated the citizens have already voted
against recreational marijuana in the City and this Charter amendment
would prevent the issue from coming back every two to four years.
Councilmember Avila asked if this initiative would supersede the citizen
initiative for recreational marijuana if both questions were passed by
voters. Ben Bolinger, Assistant City Attorney, stated it is unlikely both
questions would pass because they are directly contrary to one another but
if it happened, a Charter provision would supersede an Ordinance.
Councilmember Avila asked if the petition currently being circulated is for a
Charter amendment or an Ordinance. Sarah B. Johnson, City Clerk, stated
the Petitioner’s Group had a choice and chose initiated Ordinance.
President Helms asked what the impact would be to this proposed Charter
amendment if the Federal government decriminalizes recreational
marijuana. Mr. Bolinger stated hypothetically, they would follow State law
regulation.
Councilmember Donelson asked if recreational marijuana could still be
sold out of another business which is not classified as a recreational
marijuana establishment such as a convenience store. Mr. Bolinger stated
if a convenience store is selling recreational marijuana, it could then be
considered a recreational marijuana establishment. Wynetta Massey, City
Attorney, stated when they have had these prior Ordinance initiatives come
forward, they have made sure that they mirror the State Constitutional law
relating to retail marijuana so when they use the phrase of “retail marijuana
establishment”, they are also using the definition in the Colorado
Constitution which would include any entity that is selling retail marijuana.
She explained that in order to change the definition of “retail marijuana
establishment”, there would need to be an amendment to the Colorado
Constitution which would require a vote of the people.
Councilmember Donelson asked if there are any other instances within the
City in which it is illegal to sell something which is legal to be sold
elsewhere. Ms. Massey confirmed there are a number of regulatory
schemes on different types of products such as tobacco. Ms. Johnson
stated when the State law was put into place for medical or
recreational/retail marijuana, it set up a licensing structure which states
legal sales of medical or retail/recreational must be done at a dispensary
or a center.