Offices of the City Manager and the City Attorney; Community Development Department
Reference: Marijuana Store Licenses
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Alicia Calder?n, City Attorney
Michael Martinez, City Manager
Date Prepared: 01/17/2024
PURPOSE
To consider changes to an ordinance on second reading authorizing marijuana stores within the City of Brighton.
BACKGROUND
In 2012, Colorado voters passed Amendment 64 to the State's Constitution, codified in Article XVIII, Section 16, legalizing the use of marijuana for anyone over the age of twenty-one, to be taxed and regulated similarly to alcohol. The medical use of marijuana for certain conditions was approved by the voters in November of 2000. However, local jurisdictions can opt out by passing an ordinance prohibiting the cultivation, product manufacturing, testing, and retail marijuana facilities. The City of Brighton ("City") currently prohibits all of these.
A municipality may enact ordinances that govern the time, place, manner, and number of marijuana establishment operations and establish procedures for licensing such facilities. Enacting such an ordinance does not allow driving under the influence of marijuana and does not require an employer to accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace.
On January 24, 2023, City Council discussed the history of marijuana in the City and options for regulations. On April 4, 2023, City Council reviewed the various types of marijuana businesses and provided direction to proceed with medical and retail marijuana businesses only. The ordinance being brought for consideration only allows medical and retail marijuana businesses.
Any applicant for a marijuana retail or medical marijuana retail business must obtain approval from the City and the State. The City may require a local license for a retail or...
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