The town council hereby finds and determines and declares that it has the power and authority to adopt this chapter pursuant to the following:

(1)

Article XVIII, Section 16 of the Colorado Constitution;

(2)

The authority granted to home rule municipalities by Article XX of the Colorado Constitution;

(3)

The powers contained in the Town of Gypsum Home Rule Charter;

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

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

Community grow operation is the growing of marijuana on a single piece of land by a collective group of individuals and/or entities utilizing either individual or shared plots.

Marijuana or marihuana means 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 "marijhuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seed 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 club means an entity or place of assembly that allows members and their guests, or any other persons, to consume marijuana or marijuana products whether for-profit or not-for-profit. Marijuana clubs shall not include social gatherings within a residential zone of adults 21 years of age and older, where a fee is not charged, or goods are not sold, or no profit is made by the individual or entity hosting the gathering.

Marijuana cultivation facility means 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 means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, a retail marijuana store, or a community grow operation. (Ord. 2014-03)

Marijuana product manufacturing facility means 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 means concentrated 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 means an entity licensed to analyze and certify the safety and potency of marijuana.

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.

Retail marijuana store means an entity licensed to purchase marijuana from marijuana cultivation facilities and marijuana and marijuana products from marijuana products manufacturing facilities and to sell marijuana and marijuana products to consumers.

(Ord. 2014-03)

(a)

It is unlawful for any person to operate, cause to be operated, or permit to be operated, any marijuana establishment or marijuana club within the town, and all such uses are hereby prohibited in any location within the town.

(b)

Marijuana establishments and marijuana clubs may not be operated as a primary land use, or as an incidental activity to another lawful land use, or as a home occupation.

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

(1)

By a fine pursuant to sections 18.16.040(a)(1) and 2.01.090 of this Code. Each day that a violation of any provision of this chapter continues to exist shall be deemed a separate and distinct violation.

(2)

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.

(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 in equity.

(5)

There shall be no appeals to the board of adjustment as provided in section 18.16.050 of the zoning code for any violations of this chapter 18.20.

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