A. Purpose And Prohibition: The purpose of this section is to promote the general public welfare and safety throughout the town of Simla, Elbert County, Colorado, and, as such, upon the passage of this section, the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores within the incorporated areas of the town of Simla, Elbert County, Colorado, shall be strictly prohibited.
B. Definitions: Unless otherwise specified or the context otherwise requires, any terms used herein shall have the same meanings as provided in article XVIII, section 16 of the Colorado constitution. These definitions include, but are not limited to, the following:
MARIJUANA ACCESSORIES: Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
MARIJUANA CULTIVATION FACILITY: An entity licensed to cultivate, prepare, and package marijuana and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers.
MARIJUANA ESTABLISHMENT: A marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.
MARIJUANA OR MARIHUANA: 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 marihuana concentrate. "Marijuana" or "marihuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
MARIJUANA PRODUCT MANUFACTURING FACILITY: An entity licensed to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
MARIJUANA PRODUCTS: 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 TESTING FACILITY: An entity licensed to analyze and certify the safety and potency of marijuana.
MEDICAL MARIJUANA CENTER: An entity licensed by a state agency to sell marijuana and marijuana products pursuant to section 14 of article XVIII of the Colorado constitution and the Colorado medical marijuana code.
RETAIL MARIJUANA STORE: An entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to sell marijuana and marijuana products to consumers.
C. Scope: This section shall apply within the incorporated town of Simla. This section shall in no way limit application and enforcement of any statutes of the state of Colorado but shall be in addition thereto.
D. Enforcement: This section shall be enforced by the town of Simla police department.
E. Violation; Penalty: It shall be unlawful for any person to violate any provision of this section. All violations of this section shall be brought in the Simla municipal court.
1. Disposition Of Fines And Forfeitures: Unless otherwise provided by law, all fines and penalties, and the surcharge thereon, for the violation of this section shall be paid into the treasury of the town of Simla. The fine for a first offense and for any subsequent offense shall be up to five hundred dollars ($500.00) per violation and each day shall be deemed a separate violation.
2. Surcharges: In addition to the fines and penalties prescribed in this section, any person convicted of a violation of this section shall be subject to the statutory surcharges as may be adopted and imposed by the Simla municipal court. These surcharges shall be paid to the Simla municipal court clerk by each person convicted of violating this section. (Ord. 292, 3-12-2013)