The following words, terms and phrases when used in the chapter shall have the following meanings unless the context clearly indicates otherwise:

Medical marijuana, medical marijuana center, medical marijuana infused product, optional premises, and optional premises cultivation operation, shall have the same meanings as set forth in the Colorado Medical Marijuana Code, Article 43.3, C.R.S., as the same may from time to time be amended.

Patient shall have the same meaning as set forth in Article XVIII, Section 14(1) of the Colorado Constitution.

Primary caregiver shall have the same meaning as set forth in Article XVII, Section 14(1) of the Colorado Constitution and Section 25-1.5-106 C.R.S.

The town council makes the following findings:

(1)

The Colorado Medical Marijuana Code, C.R.S. Section 12-43.3-1041, et seq., clarifies Colorado law regarding the scope and extent Article XVII, Section 14 of the Colorado Constitution

(2)

This chapter is necessary to protect and is enacted in furtherance of the public health, safety and welfare of the town.

(3)

This chapter is intended to apply and shall apply to all property, businesses and business enterprises operating within the town, whether stationary, mobile or virtual.

(a)

It is unlawful for any person to operate, cause to be operated or permit to be operated a medical marijuana center, an optional premises cultivation operation or a medical marijuana-infused products manufacturing facility in the town.

(b)

Medical marijuana centers, medical marijuana-infused products manufacturers and optional premises cultivation operations may not be operated as a primary land use, or as an incidental activity to another lawful land use, or as a home occupations.

(c)

It is unlawful for any person who is not registered as a patient or primary caregiver pursuant to 25-1.5-106 C.R.S to cultivate or sell medical marijuana within the town. Any person cultivating or selling marijuana in violation of this chapter and Section 25-1.5-106 C.R.S shall not be entitled to the affirmative defense provided in Section 14 of Article XVII of the Colorado Constitution.

(a)

It is unlawful for any person to violate any provision of this chapter. Any such violation is hereby designated a criminal offense and any person found guilty of violating any of the provisions of the chapter shall, upon conviction thereof, be punished by a fine pursuant to section 18.16.040(a)(1) and 2.01.090 of this Code. Each day that a violation of any of the provisions of this chapter continues to exist shall be deemed a separate and distinct violation.

(b)

The conduct of any activity or business in violation of this chapter is hereby declared to be a public nuisance, which may be abated pursuant to the provisions for the enforcement of the zoning code provided in section 18.16.040 of this Code. All violations of this chapter shall be considered an emergency violation as provided in section 18.16.040(a)(1) of this Code.

(c)

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

(d)

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

(e)

There shall be no appeals to the board of adjustment as provided in section 18.16.050 of the zoning code for any violation of this chapter 18.19.

(Ord. No. 2024-01, §§ 1, 2(Exh. A), 1-23-24)