Department of Community Development
Reference: Natural Medicine - Land Use & Development Code Articles 4 & 11
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, AICP, Senior Planner
Date Prepared: September 15, 2025
PURPOSE
Review and consider modifications to the Land Use & Development Code (“LUDC”) to regulate the time, place, and manner for Natural Medicine uses.
PROCESSES
The LUDC outlines the code amendment process, which allows for initiation of amendments by the City Council, Planning Commission, and staff on behalf of these entities. The proposed amendments were discussed at study sessions with the Planning Commission on July 24, 2025, and with the City Council on July 15, 2025.
In considering the amendments, the City Council should use the review criteria outlined in Section 2.10(B) of the LUDC. The review criteria generally include, but are not limited to, furthering the purposes of the LUDC, amendments being in accordance with the Comprehensive Plan, promoting the public safety, health and general welfare of the community, and improving the effectiveness and efficiency of administering the LUDC.
BACKGROUND AND SUMMARY OF AMENDMENTS
On November 8, 2022, Colorado voters approved Proposition 122, commonly known as the Natural Medicine Health Act, which established a state-regulated framework for natural medicine services and therapeutic programs and decriminalized certain natural medicine substances, such as Psilocybin, Psilocin, Dimethyltryptamine, Ibogaine, and Mescaline. Proposition 122 passed statewide with 53.64% support, including Adams County voters approving the initiative with 56.2% support.
To implement Proposition 122, the Colorado legislature enacted Senate Bill 23-290 (“SB 23-290") in April 2023, which Governor Polis signed into law on May 23, 2023. SB 23-290 formally created a statewide regulatory system for governing both natural medicine businesses and services. Among other items, SB 23-290 created and authorized the operation of natural medicine healing centers, cultivation facilities, natural medicine product manufacturing, and natural medicine testing facilities throughout Colorado. Pertinent to the City of Brighton, the legislature preempted local control on nearly all aspects of natural medicine regulation. While the law preempts most elements of local control, municipalities may regulate the time, place, and manner of natural medicine businesses. Notably, however, a municipality may not prohibit any type of natural medicine facility or enact local regulations that are unreasonable or conflict with state law. As a result, staff has drafted the following code amendments to align with state regulations.
Article 4 - Zoning District and Uses: Article 4 defines zone districts and permitted land uses within the City. As previously mentioned, SB 23-290 established four new land use categories related to natural medicine. One of these is a Natural Medicine Healing Center, which is defined as:
“A facility licensed by the state licensing authority pursuant to this article 50 that permits a facilitator to provide and supervise natural medicine services for a participant.”
— CRS § 44-50-103(6).
While Natural Medicine Healing Centers and Retail Marijuana Establishments are both approved at the state level, it is important to note the distinct differences between them. Natural Medicine Healing Centers are places for natural medicine to be administered in a supervised environment. Much like a therapy office, these centers involve a licensed professional who provides guided treatment for a specified duration of time. On the other hand, Retail Marijuana Establishments are retail outlets where the product is taken off-site for use. Natural Medicine Healing Centers cannot be restricted by individual cities except in terms of time, place, and manner. Therefore, staff is proposing regulations that define where Natural Medicine Healing Centers could be permitted.
Because of the aforementioned similarities between the services provided within Natural Medicine Healing Centers and the services provided at a therapy session, staff examined existing uses to determine which use would be most appropriate for this newly established service. The existing “Medical Care” use in the Code is defined as:
“A commercial service use providing medical, dental, or physical health or wellness care to the public.”
- LUDC Section 11.01 (C.)
The “Medical Care” category allows for services that promote health and wellness, including therapy offices, counseling, and other wellness-based treatments provided by licensed professionals. Given the similarities in purpose and state oversight, a Natural Medicine Healing Center is being considered a type of Medical Care use. With respect to time, place, and manner regulations, Healing Centers would be permitted in any zone district where Medical Care uses are currently allowed. No additional time restrictions are being proposed beyond those that already apply to Medical Care uses. In addition to all applicable state requirements, staff is proposing a use-specific standard for Natural Medicine Healing Centers that would require participants to provide proof of a ride home following a session, excluding rideshare services, taxis, and other similar methods of transportation.
When reviewing other currently permitted uses within the Code and examining their compatibility for natural medicine uses, the City’s current zoning code significantly restricts manufacturing involving raw materials. The only applicable use category, “Manufacturing - Heavy”, is not permitted by right in any zone district. This restriction may be too limiting under state law, which prohibits municipalities from adopting ordinances that are unreasonable or conflict with state regulations. To address this issue, staff proposes adding a new use to Table 4-2: “Natural Medicine Cultivation, Manufacturing, and Testing Facility.” This new use under the Code would allow the cultivation, manufacturing, and testing of natural medicine, activities which municipalities may not prohibit under state law. Consistent with how other manufacturing and warehousing uses are regulated within the City, this new use would be permitted by right in industrial zone districts. Staff is not proposing any additional time or manner restrictions beyond those required by the state.
Article 11 - Definitions & Terms: Article 11 provides descriptions and definitions for terms used in the Code. In response to the proposed addition of a new use, a definition will be added for “Natural Medicine Cultivation, Manufacturing, and Testing Facility.” This new definition will align with the allowance of natural medicine cultivation, manufacturing, and testing, whether conducted as separate activities or within a combined facility. In addition, staff is proposing a modification to the definition of Medical Care to clarify that it includes the allowance of a Natural Medicine Healing Center, as defined by state statutes.
In addition to the abovementioned amendments, staff has made minor modifications to the formatting of these sections of the Code to ensure compliance with ADA accessibility requirements. The content of the Code has not been revised beyond the Natural Medicine amendments.
CRITERIA BY WHICH THE CITY COUNCIL MUST CONSIDER THE ITEM AND STAFF ANALYSIS
Modifications to the LUDC must meet the following criteria, shown in bold, below. Following each criterion, staff provides an analysis of whether the proposed amendments meet the requirements of that criterion.
1. The amendment furthers the purposes of these regulations in Section 1.01.C.
The proposed amendments support the intent of the LUDC by establishing appropriate local regulations for Natural Medicine uses in alignment with what is permitted under state law. Without these amendments, Natural Medicine uses authorized by the state would be allowed in all zone districts. This could result in unintended land use conflicts and limit the City’s ability to preserve existing development patterns. By proactively adopting local standards, the City is ensuring that Natural Medicine uses are appropriately integrated into the community, consistent with the purposes set forth in Section 1.01.C of the LUDC.
2. The amendment is in accordance with the Comprehensive Plan and has been considered for both its long-range effects as well as immediate impacts.
Be Brighton, the City's Comprehensive Plan, emphasizes the importance of the LUDC as a key tool for implementing the Plan’s goals and policies. Within the Comprehensive Plan Chapter on ‘Citywide Principles, Policies & Strategies’, the proposed code amendments advance a number of these objectives. Policies 2.1 and 5.4 specifically encourage the diversification of industry to strengthen the local economy, with an emphasis on expanding Brighton’s base of commercial and industrial businesses. If state licensing is obtained, the proposed amendments would allow existing or proposed Medical Care uses in the City to expand their services to include Natural Medicine, further diversifying the healthcare options available to the community. In addition, the amendments create opportunities for specialized industrial businesses related to the manufacturing, cultivation, and testing of Natural Medicine. As a City, Brighton is committed to keeping pace with emerging industries, while ensuring that growth aligns with the City’s vision as expressed in the Comprehensive Plan.
3. The amendment promotes the public safety, health, and general welfare of the community in the City of Brighton.
The amendments will ensure that Natural Medicine uses are appropriately grouped with commercial and industrial uses based on the intensity of each use. As previously mentioned, Natural Medicine Healing Centers function similarly to therapy offices, and therefore, they are grouped with other Medical Care uses. In contrast, Natural Medicine Cultivation, Manufacturing, and Testing facilities align more with the intensity of other industrial uses in the City. While no specific time or manner restrictions are being proposed, the City will allow state regulations to guide these uses. Additionally, any new site development or building expansion will need to adhere to the development standards outlined in the LUDC, ensuring that future projects are designed in a way that promotes the public safety, health, and general welfare of the community.
4. The amendment improves the effectiveness and efficiency of administering the Land Development Code.
The proposed amendments improve the clarity and usability of the LUDC by clearly identifying how Natural Medicine uses are classified and regulated within the City. Specifically, the updated definition of Medical Care clarifies that Natural Medicine Healing Centers are considered a form of Medical Care, ensuring consistency in how these facilities are reviewed and permitted under the Code. Additionally, the creation of a new and clearly defined use category, “Natural Medicine Cultivation, Manufacturing, and Testing Facility”, acknowledges the unique characteristics of this type of industrial use. These changes will make it easier for individuals and businesses interested in establishing Natural Medicine-related uses in Brighton to understand and comply with applicable standards.
PUBLIC NOTICE AND INQUIRY
Notice of the public hearing was published on the City of Brighton website at least 15 days prior to the public hearing, as required by Section 2.01(F) of the LUDC.
PLANNING COMMISSION DECISION
The Planning Commission unanimously recommended approval of the Code Amendments on September 11, 2025 (see the attached Resolution #25-08).
SUMMARY OF FINDINGS AND STAFF RECOMMENDATION
Staff finds that the proposed code amendments meet the review criteria outlined in Section 2.10(B) Review Criteria of the LUDC and is, therefore, recommending approval of the code amendments.
OPTIONS FOR CITY COUNCIL CONSIDERATION
The City Council has four options when reviewing the Code Amendment application. The City Council may:
1. Approve the code amendments via ordinance as drafted;
2. Approve the code amendments with changes to the drafted ordinance;
3. Deny the code amendments with specific findings to justify the denial, or;
4. Continue the item to be heard at a later, specified date if the City Council feels it needs additional information to ensure compliance with the approval criteria as set forth in the Land Use & Development Code.
ATTACHMENTS
● Draft City Council Ordinance
● Planning Commission Resolution 25-08
● Website Notice
● Website Publication Proof
● Redlines to Article 4 of the LUDC
● Redlines to Article 11 of the LUDC
● City Staff’s Draft Presentation