Sec. 10-301. Legislative intent and purpose.
(a) Legislative intent. The Frederick Board of Trustees intends to regulate the use, acquisition, cultivation, production, and distribution of medical marijuana.
(1) The Medical Marijuana Amendment to the Colorado Constitution does not provide a legal manner for patients to obtain medical marijuana unless the patient grows the marijuana or the marijuana is grown by the patient’s primary caregiver. These regulations are intended to apply to all medical marijuana operations in the Town whether by a patient or primary caregiver under the Medical Marijuana Amendment. Medical marijuana cultivation and production can have an impact on health, safety, welfare and community resources and this Article is intended to permit medical marijuana cultivation where it will have a minimal impact.
(2) Use, distribution, cultivation, production, possession, and transportation of medical marijuana remains illegal under federal law, and marijuana remains classified as a “controlled substance” by federal law.
(3) The regulations for medical marijuana uses are not adequate at the state level to address the impacts on the Town of medical marijuana, making it appropriate for local regulation of the impacts of medical marijuana possession, cultivation and uses.
(4) There is no reference to or evidence contained in Article XVIII, Section 14 of the Colorado Constitution to establish that Article XVIII is intended to address or regulate land use, planning, development, or operations of businesses engaging in the production, distribution, processing or dispensing of medical marijuana.
(5) Nothing in this Article is intended to promote or condone the production, distribution, or possession of marijuana in violation of any applicable law.
(6) This Article is to be construed to protect the public health, safety, welfare and resources over medical marijuana patient and primary caregiver interests. There is no property right for an individual to possess or cultivate medical marijuana in the Town.
(7) The Town has a zero tolerance policy for violations of this Article.
(b) Purpose. The purpose of this Article is to protect the public health, safety and welfare of the residents of the Town by prescribing the manner in which medical marijuana may be used, possessed, distributed, cultivated, and produced within the Town. Further, the purpose of this Article is to:
(1) Provide for means for a patient or primary caregiver to cultivate, produce and process medical marijuana pursuant to the provisions of this Article.
(2) Protect public health, safety and welfare through reasonable limitations on the cultivation, production and processing of medical marijuana as related to noise, air and water quality, food safety, neighborhood and patient safety, security and other health, safety and welfare concerns.
(3) Protect public health, safety and welfare and residential areas by limiting the areas of the Town where more than six (6) medical marijuana plants may be cultivated, produced or processed.
(c) Relationship to state law. The provisions of this Article that are different from the state law are consistent with the Town’s responsibility to protect the public health, safety and welfare as authorized by Section 12-43.3-305(3), C.R.S., as amended, and by the police powers granted to statutory municipalities pursuant to Section 31-15-401, C.R.S., as amended, and by the authority granted municipalities to regulate and govern land use matters within their jurisdiction, pursuant to Section 31-23-301 et seq., C.R.S., as amended. Where a provision of this Article conflicts with the state law, this Article shall apply on all matters authorized in Section 12-43.3-101 et seq., C.R.S., and all matters of local concern. (Ord. 1202 §1, 2015)