Office of the City Manager
Reference: Potential sales, cultivation, manufacturing, testing and on-site consumption of marijuana and related products.
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Michael P. Martinez, City Manager
Date Prepared: 03/23/2023
PURPOSE
To approve or deny five resolutions related to the 1) sale, 2) cultivation, 3) testing, 4) manufacturing or 5) on-site consumption of marijuana and related products within Brighton City limits
BACKGROUND
Beginning in 2000, the State of Colorado legalized medical marijuana under the Medical Use of Marijuana Initiative or Amendment 20, which amended the state constitution to allow patients to consume medical marijuana (passed by 54% of Colorado voters). From 2000 through 2009, retail sales were extremely limited and consumption was mostly based on a caregiver/patient model as outlined within the Amendment. On November 6th, 2012 Colorado voters passed Amendment 64 which authorized the regulation of retail marijuana, permitted adults 21 and older to possess limited amounts of marijuana, provided for the licensing of cultivation, product manufacturing, testing facilities, and retail stores with 55% voter approval.
Starting in 2009, Brighton City Council began to consider allowing the sales, cultivation, testing and manufacturing of marijuana and marijuana related products within city limits. On September 22nd, 2009, Brighton City Council voted to temporarily suspend the acceptance, processing and approval of use permits, variances, building permits and licenses until further discussion. This action created a temporary moratorium while further research and discussion on the topic was contemplated (Ord. 2030). On March 1, 2011, Council outright prohibited medical marijuana sales and cultivation within City limits (Ord. 2086, 2087). In response to the passage of Amendment 64, Brighton City Council again passed legislation to prohibit retail marijuana sales, cultivation, manufacturing and testing within city limits on July 2nd, 2013 (Ord. 2156). In total, City Council has passed 7 different ordinances on this matter with Ord. 2156 still in effect as of today.
At the January 24th Study Session, Council gave staff direction to bring all marijuana related items to vote on in-principal and if passed, staff would begin creating related processes and procedures. At this meeting, council will consider allowing the following:
• Allowing the retail and medicinal sale of marijuana and related products within City limits
• Allowing the commercial cultivation of marijuana within City limits
• Allowing for marijuana testing facilities to be allowed within City limits and
• Allowing for the manufacturing of marijuana related products within City limits and
• Allowing for on-site consumption of marijuana and related products in designated hospitality facilities within City limits.
FINANCIAL IMPACT
TBD
OPTIONS FOR COUNCIL CONSIDERATION
For each individual item, Council has the following options:
• Approve the resolutions as presented
• Deny the resolutions as presented
• Request staff bring back the resolution for further discussion
ATTACHMENTS
Presentation
Resolutions 1-5