To: Honorable Mayor and Members of Town Council
From: David L. Corliss, Town Manager
Michael J. Hyman, Town Attorney
Title
Discussion/Direction: Natural Medicine Business Ordinance (Continued from the June 18, 2024 Town Council Meeting)
Body
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Executive Summary
The Town Manager and Town Attorney are seeking guidance with regard to the adoption of an ordinance regarding the regulation of natural medicine businesses.
History of Past Town Council, Boards & Commissions, or Other Discussions
At its March 7, 2023, regular meeting, Town Council directed staff to prepare a draft letter to the Town’s legislative delegation which, among other things, expressed Town Council’s support for legislation that would provide for local control over “natural medicine healing centers,” as authorized by Proposition 122 (the “Natural Medicine Health Act”).
Discussion
In November, 2022, Colorado voters approved the Natural Medicine Health Act, a citizen-initiated measure intended to decriminalize the use of certain plants or fungi for people 21 years of age and older. In May, 2023, the Governor signed Senate Bill 23-290, “Natural Medicine Regulation and Legalization,” into law, which bill clarifies and sets the regulatory framework for a regulated natural medicine program in Colorado. This bill is codified in state law as the Colorado Natural Medicine Code, Section 44-50-101, et seq., C.R.S. (the “State Code”). The Colorado Division of Professions and Occupations is charged with the task of licensing the various natural medicine-related businesses, including natural medicine healing centers, natural medicine cultivation facilities, natural medicine products manufacturers, and natural medicine testing facilities.
Unlike with retail and medical marijuana, the State Code does not give the option of “saying no” to “natural medicine” businesses. (See Section 44-50-104(5)(b), C.R.S. - “A local jurisdiction may not prohibit the establishment or operation of licenses pursuant to this article 50 within its boundaries.”) The State Code, however, does allow municipalities to enact ordinances which:
(i) Regulate the time, place and manner of the operation of natural medicine business licenses issued by the State;
(ii) Limit the areas where the cultivation, manufacturing, testing, storage, distribution, transfer and dispensation of natural medicine and natural medicine product may be permitted; and
(iii) Establish the distance restrictions for buildings where natural medicine services are provided within the vicinity of a child care center, preschool, elementary, middle, junior or high school, residential child care facility, or residential dwelling.
See Section 44-50-104(5)(a), C.R.S.
Staff Recommendation
Pursuant to the authority granted by the State Code, the Town Manager and the Town Attorney recommend that the Town Council consider adopting a restrictive code that relegates natural medicine healing centers and grow operations to I-1-Light Industrial and I-2 General Industrial zoning districts, while also imposing a 1,000-foot distance requirement between any natural medicine business and existing schools and residences.
Proposed Motion
“I move to direct the Town Attorney to place the draft ordinance regulating natural medicine businesses on the agenda for the July 2nd regular meeting.”
Attachments
Attachment A: Draft Ordinance
Attachment B: Changes to Ordinance (Highlighted)