The Board of Trustees makes the following legislative findings:

(1)

The Board of Trustees finds and determines that the Colorado Medical Marijuana Code, Section 44-11-101, et seq., C.R.S., clarifies Colorado law regarding the scope and extent of Amendment 20 to the Colorado Constitution.

(2)

The Board of Trustees finds and determines that the Colorado Medical Marijuana Code specifically authorizes in part that the governing body of a municipality may "vote to prohibit the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana-infused products manufacturers' licenses."

(3)

The Board of Trustees finds and determines that the Colorado Medical Marijuana Code further specifically authorizes a municipality in part "to prohibit the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana-infused products manufacturers' licenses based on local government zoning, health, safety and public welfare laws for the distribution of medical marijuana."

(4)

The Board of Trustees finds and determines, after careful consideration of the provisions of the Colorado Medical Marijuana Code, Article XVIII, Section 14 of the Colorado Constitution, and after evaluating, inter alia, the potential secondary impacts associated with the retail sale, distribution, cultivation and dispensing of medical marijuana through medical marijuana centers, optional premises cultivation operations and medical marijuana-infused products manufacturers' licenses, that such land uses have an adverse effect on the health, safety and welfare of the Town and the inhabitants thereof.

(5)

The Board of Trustees therefore finds and determines that, as a matter of the Town's local land use and zoning authority, and consistent with the authorization provided by the Colorado Medical Marijuana Code, no suitable location exists within the corporate limits of the Town for the cultivation, manufacture and sale of medical marijuana by the operation of medical marijuana centers, optional premises cultivation operations and medical marijuana-infused products manufacturers' licenses.

(6)

The Board of Trustees recognizes and affirms the protections afforded by Article XVIII, Section 14 of the Colorado Constitution and Section 25-1.5-106, C.R.S., as the same may be amended from time to time.

(Ord. 2010-03, §1)

(Ord. No. 2018-06, § 9, 9-18-2018)

The Board of Trustees hereby finds, determines and declares that it has the power and authority to adopt this Article pursuant to:

(1)

The Colorado Medical Marijuana Code, Section 44-11-101, et seq., C.R.S.;

(2)

The Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.R.S.;

(3)

Part 3 of Article 23 of Title 31, C.R.S. (concerning municipal zoning powers);

(4)

Section 31-15-103, C.R.S. (concerning municipal police powers);

(5)

Section 31-15-401, C.R.S. (concerning municipal police powers);

(6)

Section 31-15-501, C.R.S. (concerning municipal authority to regulate businesses).

(Ord. 2010-03 §1)

(Ord. No. 2018-06, § 10, 9-18-2018)

For the purposes of this Article, the following terms shall have the following meanings:

Medical marijuana means marijuana that is grown and sold for a purpose authorized by Section 14 of Article XVIII of the Colorado Constitution.

Medical marijuana center means a person authorized to be licensed to operate a business as described in the Colorado Medical Marijuana Code that sells medical marijuana to registered patients or primary caregivers as defined in Section 14 of Article XVIII of the Colorado Constitution, but is not a primary caregiver, and which a municipality is authorized to prohibit as a matter of law.

Medical marijuana-infused products manufacturer means a person licensed pursuant to the Colorado Medical Marijuana Code to operate a business known as a medical marijuana-infused products manufacturing license, and which a municipality is authorized to prohibit as a matter of law.

Optional premises cultivation operation means a person licensed pursuant to the Colorado Medical Marijuana Code to operate a business known as an optional premises grow facility in order to grow and cultivate marijuana for a purpose authorized by Section 14 Article XVIII of the Colorado Constitution and which a municipality is authorized to prohibit as a matter of law.

Person means a natural person, partnership, association, company, corporation, limited liability company or organization, or a manager, agent, owner, director, servant, officer or employee thereof.

Patient has the meaning provided in Section 14(1)(c) of Article XVIII of the Colorado Constitution.

Primary caregiver has the meaning provided in Section 14(1)(f) of Article XVIII of the Colorado Constitution.

(Ord. 2010-03 §1)

It is unlawful for any person to operate, cause to be operated, or permit to be operated a medical marijuana center, optional premises cultivation operation or facility for which a medical marijuana-infused products manufacturers' license could otherwise be obtained within the Town, and all such uses are hereby prohibited in any location within the Town, or within any area hereinafter annexed to the Town.

(Ord. 2010-03 §1)

Nothing in this Article shall be construed to prohibit, regulate or otherwise impair the use of medical marijuana by patients as defined by the Colorado Constitution, or the provision of medical marijuana by a primary caregiver to a patient in accordance with the Colorado Constitution, and consistent with Section 25-1.5-106, C.R.S., and rules promulgated thereunder, as the same statute and rules may be amended from time to time.

(Ord. 2010-03 §1)

A violation of the provisions of this Article shall be punishable as follows:

(1)

By a fine of not more than three hundred dollars ($300.00), or imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment.

(2)

Each and every day a violation of the provisions of this Article is committed, exists or continues shall be deemed a separate offense.

(3)

The Town is specifically authorized to seek an injunction, abatement, restitution or any other remedy necessary to prevent, enjoin, abate or remove the violation.

(4)

Any remedies provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provided by law or equity.

(Ord. 2010-03 §1)