A. The City Council hereby declares it to be in the interest of the health, safety and welfare of the citizens of the City, and a proper exercise of the police power, to require the licensing of persons and businesses providing medical marijuana related services. The provisions of this part are to be consistent with and applied in accord with Colorado Revised Statutes section 44-10-101 et seq., the Colorado Marijuana Code ("State Code"). Nothing in this part is intended to conflict with or violate any other City or State law or regulation related to the medical use of marijuana.
B. It is the intent of this part to prohibit the operation of all retail marijuana establishments within the City of Colorado Springs, and in furtherance of this intent, the Colorado Springs City Council makes the following findings:
1. Article XVIII, section 16 of the Colorado Constitution specifically authorizes a municipality "to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana stores, or retail marijuana establishments through the enactment of an ordinance".
2. Based on careful consideration of article XVIII, section 16 of the Colorado Constitution, and the potential secondary effects of the cultivation and dispensing of marijuana for recreational use, and the retail sale, distribution and manufacturing of marijuana for recreational use or marijuana infused products, City Council finds and determines that these operations have an adverse impact on the health, safety and welfare of the City of Colorado Springs and its inhabitants.
3. Nothing in this part is meant to inhibit any individual's right to personal use of marijuana pursuant to article XVIII, section 16(3) of the Colorado Constitution.
4. Nothing in this part is meant to inhibit or prohibit the operation of any medical marijuana facility licensed pursuant to this part. (Ord. 11-32; Ord. 13-47; Ord. 16-32; Ord. 20-93)