A.

Intent. The intent the ordinance from which this chapter derives is to promote the general public welfare and safety throughout the City of Woodland Park, Colorado by prohibiting the operation of marijuana cultivation facilities and sales, marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana stores and marijuana membership clubs.

1.

Based upon Article XVIII, § 16 of the Colorado Constitution, Personal Use and Regulation of Marijuana, and the potential secondary effects of marijuana cultivation facilities and sales, marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana stores or marijuana membership clubs, such land uses have an adverse effect on the health, safety and welfare of the city and its inhabitants.

2.

As a matter of the city's local land use and zoning authority, and consistent with the authorization provided by Article XVIII, § 16 of the Colorado Constitution, no appropriate location exists within the city for the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana stores or marijuana membership clubs.

3.

Amendment 64 conflicts with federal law, as the possession, cultivation, sale and use of marijuana remains illegal under federal criminal statutes.

B.

Authority. The city's authority to adopt this chapter is found in: Article XVIII, § 16 of the Colorado Constitution; the Local Government Land Use Control Enabling Act, C.R.S. § 29-20-101, et seq.; C.R.S. § 31-23-101, et seq. (municipal zoning powers); C.R.S. §§ 31-15-103, 31-15-401 (municipal police powers); and C.R.S. § 31-15-501 (municipal authority to regulate businesses); and the Woodland Park Home Rule Charter.

C.

Applicability. The prohibition of the operation of marijuana cultivation facilities and sales, marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana stores or marijuana membership clubs as set forth in this chapter shall apply to all property within the city.

(Ord. No. 1186-2013, § 1, 6-6-2013)

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:

1.

"Marijuana" 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 marijuana concentrate. "Marijuana" 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.

2.

"Marijuana accessories" means 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.

3.

"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.

4.

"Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.

5.

"Marijuana membership club" means any building or structure wherein two or more people gather for the primary purpose of consuming marijuana or marijuana products, or any building or structure wherein club members meet with the ongoing practice of routinely or regularly consuming marijuana or marijuana products.

6.

"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.

7.

"Marijuana products" means 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.

8.

"Marijuana testing facility" means an entity licensed to analyze and certify the safety and potency of marijuana.

9.

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

10.

"Retail marijuana store" means 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.

(Ord. No. 1186-2013, § 1, 6-6-2013)

A.

Uses Prohibited.

1.

It is unlawful for any person to operate marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana stores or marijuana membership clubs in the city.

2.

It is unlawful to grow marijuana for personal use anywhere in the city other than in an enclosed, locked space which is not open or public. "Enclosed" means having a roof and all sides closed to the weather with walls, windows or doors.

B.

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; and

C.

In addition to any other penalties that may exist under state, federal, and local laws, violation of this section shall be punishable by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment, as set forth in the Municipal Code Section 1.12.010. Each day that a violation of any of the provisions of this chapter continues to exist shall be deemed a separate and distinct offense.

D.

The conduct of any activity or business in violation of this chapter is hereby declared to be a public nuisance and the city may, in addition to all other remedies set forth hereunder, commence an action or actions or proceedings, for the abatement, removal and enjoinment thereof, in a manner provided by the law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, retail marijuana store or marijuana membership club and restrain and enjoin any person from operating, conducting or maintaining such a business or establishment contrary to the provisions of this chapter.

(Ord. No. 1186-2013, § 1, 6-6-2013)