Department of Community Development
Reference: Natural Medicine - Land Use & Development Code Articles 4 and 11
To: Mayor Gregory Mills and Members of the City Council
Through: Michael P. Martinez, City Manager
Prepared By: Summer McCann, Senior Planner
James Gallagher, Assistant City Attorney
Date Prepared: June 20, 2025
PURPOSE
To review and consider amendments to the Land Use & Development Code (the “Code”) regarding Natural Medicine businesses.
PROCESS
Amendments to the Code may be initiated by the City Council, Planning Commission, and staff on behalf of these entities, as outlined in the Code.
The City Council should use the review criteria outlined in Section 2.10(B) for changes to the Code. The amendment criteria generally include the following:
• Furthering the purposes of the Code;
• 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 Code.
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 is proposing the following Code amendments to align with state regulations and would like your direction on the select items that can be locally regulated.
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.”
Colo. Rev. Stat. § 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 in Section 11.01(C) as:
“A commercial service use providing medical, dental, or physical health or wellness care to the public.”
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 could be considered a type of Medical Care use. If City Council agrees with this interpretation, Natural Medicine Healing Centers would be allowed anywhere that Medical Care is permitted in the Code.
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 and Manufacturing 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, “Natural Medicine Cultivation and Manufacturing Facility” would be allowed by right in industrial zone districts.
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 and Manufacturing 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. Medical Care is further categorized based on size and is already permitted by right in several commercial and mixed-use zone districts.
STAFF RECOMMENDATION
Staff recommends taking the proposed code amendments to public hearings with the Planning Commission and the City Council in the near future.
OPTIONS FOR CITY COUNCIL CONSIDERATION
1. Direct staff to proceed with the proposed Code amendments;
2. Direct staff to proceed with the Code amendments, modified based on the study session discussion; or
3. Direct staff not to proceed with the Code amendments and adopt the State’s regulatory framework.
ATTACHMENT
● Draft PowerPoint Presentation