§ 14-588. Legislative intent and authority.

(a)

Section 14 of Article XVIII of the Colorado Constitution establishes an affirmative defense from criminal prosecution by the state for certain persons who use or provide medical marijuana to treat debilitating conditions and the Colorado Medical Marijuana Code, C.R.S. § 12-43.3-101 et seq., authorizes a system of state and local licensing for businesses engaged in the cultivation, testing, manufacturing, and retail sale of medical marijuana (collectively "medical marijuana establishments"), which allows localities to prohibit licensing of medical marijuana establishments and to impose distance and size restrictions upon such establishments along with other requirements to ensure control of the premises and ease of enforcement.

(b)

The authority of the city to regulate medical marijuana establishments is further set forth in the Colorado Medical Marijuana Code, C.R.S. tit. 12, art. 43.3, and its rules (1 CCR 212-1), Colorado Medical Marijuana Program (C.R.S. § 25-1.5-106), and C.R.S. tit. 31, art. 23, pt. 3, (municipal zoning powers), C.R.S. § 31-15-103, and C.R.S. § 31-15-401, (municipal police powers), C.R.S. § 31-15-501, (municipal authority regulate businesses), Article XX, Section 6 of the Colorado Constitution, and the powers contained in the city's home rule charter.

(Ord. No. 17-01, § 1, 2-6-2017)