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Department of Community Development
Reference: Marijuana Home Grow Regulations
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Aja Tibbs, Long Range and Historic Preservation Planner
Date Prepared: January 21, 2015
PURPOSE
To adopt a new article 9-38 titled Marijuana Cultivation within Residential Structures, and to amend certain sections of 9-28-20 and 9-28-80, of the Brighton Municipal Code (BMC) in order to establish regulations for the personal and medical cultivation of marijuana within residential structures as established by Article XVIII, Section 14 and Article XVII, Section 16 both of the Colorado Constitution.
BACKGROUND
In March of 2011, the City Council adopted Ordinance No. 2086, prohibiting the licensing and operation within the city of Medical Marijuana Centers, Optional Premises Cultivation Operations and Medical Marijuana-Infused Products Manufacturers. Similarly, in response to Amendment 64 to the Colorado Constitution, in July of 2013, the City Council adopted Ordinance No. 2156, prohibiting the licensing and operation within the City of Retail Marijuana Stores, Marijuana Cultivation Facilities, Marijuana Product Manufacturing Facilities, and Marijuana Testing Facilities. According to CML, 53 municipalities are allowing/licensing of these retail facilities and 181 are prohibiting or have moratoria in place.
Notwithstanding these prohibitions, both medical marijuana and marijuana for personal use will still be legally present in the city of Brighton. Thus, at the time the ordinances were adopted by the Council, staff indicated that it would be necessary to amend certain provisions of the Municipal Code to address public health, safety and welfare issues associated with the legalization of personal marijuana and medical marijuana use and the home grows related to such use.
In order to determine what additional regulation, if any, is needed to address the pers...
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