CUMULATIVE CAP ON LICENSED MEDICAL MARIJUANA LOCATIONS: A maximum number of approximately two hundred twelve (212) distinct locations in the City where one or any combination of the following may be licensed in the same premises location: medical marijuana center, medical marijuana optional premises cultivation facility, and medical marijuana infused product manufacturer facility; such exact number as determined by the local licensing authority by calculating the total number of locations in the City where a licensed premises existed for a medical marijuana center, medical marijuana optional premises cultivation facility, and medical marijuana infused product manufacturer facility or any combination of these as of May 25, 2017. The local licensing authority's calculation of the cap shall be considered dispositive and shall not be subject to appeal.
GOOD CAUSE: For purposes of refusing or denying a license renewal, reinstatement, or initial license issuance, this term means:
A. The licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of the Colorado Marijuana Code 2 , any rules promulgated pursuant to the State Code, this part or any supplemental local laws, rules or regulations.
B. The licensee or applicant has failed to comply with any terms or conditions that were placed on its license or application pursuant to an order of the State or Local Licensing Authority.
C. The licensed premises have been operated in a manner that adversely affects the public health or welfare or the safety of the immediate neighborhood in which the establishment is located.
HEARING OFFICER: A hearing officer who conducts hearings: a) on appeal of the Local Licensing Authority's decisions, and b) on allegations of license violations requiring a suspension or revocation hearing.
INDUSTRIAL HEMP PRODUCT: Shall have the same meaning as "Industrial Hemp Product" defined under Colorado Revised Statutes section 44-10-103(22).
LICENSE: A grant of license, permit, or registration pursuant to the State Code or this part.
LICENSED PREMISES: The premises specified in an application for a business license under the State Code or this part, which are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, or sell medical marijuana in accord with the provisions of the State Code or this part.
LOCAL LICENSING AUTHORITY: The City Clerk or the City Clerk's designee acting pursuant to the authority granted under this part.
LOCATION: A particular parcel of land that may be identified by an address or other descriptive means.
MARIJUANA: All parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. "Marijuana" does not include industrial hemp, nor does it include fiber produced from stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, if these items exist apart from any other item defined as "marijuana" in this section.
MARIJUANA CULTIVATION FACILITY: Any real property used for or upon which there is any type of structure or any such facility that includes or is associated with cultivating, preparing, or packaging marijuana for sale to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
MARIJUANA PRODUCT: Concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
MARIJUANA PRODUCT MANUFACTURING FACILITY: Any real property used for or upon which there is any type of structure or any such facility that includes or is associated with manufacturing, preparing, or packaging marijuana products.
MARIJUANA TESTING FACILITY: Any real property used for or upon which there is any type of structure or any such facility that includes or is associated with analyzing and certifying the safety and potency of marijuana.
MEDICAL MARIJUANA: Marijuana that is grown, sold or used pursuant to the provisions of the State Code and for a purpose authorized by Colorado Constitution article XVIII, section 14.
MEDICAL MARIJUANA CENTER: A person licensed pursuant to the State Code and this part to operate a business as described in Colorado Revised Statutes section 44-10-501 that sells medical marijuana to registered patients or primary caregivers as defined in Colorado Constitution article XVIII, section 14, but is not a primary caregiver. A medical marijuana center is also known as a medical marijuana store or dispensary.
MEDICAL MARIJUANA ESTABLISHMENT: A licensed medical marijuana center, a medical marijuana infused products manufacturer, a medical marijuana optional premises cultivation operation, or a medical marijuana testing facility.
MEDICAL MARIJUANA INFUSED PRODUCT: A product infused with medical marijuana that is intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, and tinctures. These products, when manufactured or sold by a licensed medical marijuana center or a medical marijuana infused product manufacturer, shall not be considered a food or drug for the purposes of the Colorado Food and Drug Act 3 .
MEDICAL MARIJUANA INFUSED PRODUCTS MANUFACTURER: A person licensed pursuant to the State Code and this part to operate a business as described in Colorado Revised Statutes section 44-10-503.
MEDICAL MARIJUANA OPTIONAL PREMISES: The premises specified in an application for a medical marijuana center license with related growing facilities in Colorado for which the licensee is authorized to grow and cultivate marijuana for a purpose authorized by Colorado Constitution article XVIII, section 14.
MEDICAL MARIJUANA OPTIONAL PREMISES CULTIVATION OPERATION: A person licensed pursuant to the State Code and this part to operate a business as described in Colorado Revised Statutes section 44-10-502.
MEDICAL MARIJUANA TESTING FACILITY: A public or private laboratory licensed and certified to conduct research and analyze medical marijuana, medical marijuana infused products, and medical marijuana concentrate for contaminants and potency as described in Colorado Revised Statutes section 44-10-504.
PERSON: A natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer or employee thereof.
PREMISES: A distinct and definite location with approved unique enumeration, which may include a building, a part of a building, a room, or any other definite area with internal contiguous access, which is under the exclusive possession and control by the licensee.
RETAIL MARIJUANA ESTABLISHMENT: A marijuana cultivation facility, a marijuana product manufacturing facility, a marijuana testing facility, or a retail marijuana store.
RETAIL MARIJUANA STORE: Any real property used for or upon which there is any type of structure or any such facility that includes or is associated with the sale of marijuana or marijuana products to consumers.
(Ord. 11-32; Ord. 13-47; Ord. 16-32; Ord. 16-56; Ord. 17-28; Ord. 20-93; Ord. 23-17 4 )
Notes
| 1 | 1. Definitions of "drug and alcohol treatment facility" and "residential childcare facility" are found in section 7.6.301
of this Code. |
| 2 | 2. CRS §44-10-101 et seq. |
| 3 | 1. CRS title 25, art. 5, pt. 4. |
| 4 | 1. June 5, 2023 is the effective date of Ordinance 23-17. |