HomeMy WebLinkAboutBocc Packet 01222014 New Medical Marijuana Licenses MoratoriumAN EMERGENCY ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
ESTABLISHING A TEMPORARY MORATORIUM TO
SUSPEND THE ISSUANCE OF ALL NEW LICENSES
PERTAINING TO MEDICAL MARIJUANA
ORDINANCE NO. -2014
RECITALS
1. Medical marijuana use was authorized by Constitutional amendment approved by
electorate in 2000.
2. The State has codified the regulations pertaining to medical marijuana in the
Colorado Medical Marijuana Code Title 12, Article 43.3.
3. The BOCC previously adopted regulations pertaining to medical marijuana
licensing pursuant to Resolution #062-2012.
4. The BOCC has been reviewing proposed regulations and procedures concerning
the licensing of retail marijuana facilities.
5. It has been anticipated that following adoption of retail marijuana regulations, the
BOCC would review and revise its regulations pertaining to medical marijuana.
6. Existing medical marijuana regulations provide for only a limited County review
focusing almost exclusively on compatibility with underlying zoning. Existing medical
marijuana regulations do not provide for public hearing or public notice of an application, action
by the BOCC, or processing and review by the County Clerk. Currently it is the intention of the
BOCC to integrate the procedures and regulations pertaining to licensing of medical marijuana
and retail marijuana facilities as much as legally permissible and practical.
7. The moratorium is necessary to establish and maintain an integrated system of
licensing medical marijuana and retail marijuana facilities.
8. This moratorium will preserve a competitive advantage for already existing and
established medical marijuana businesses.
9. The BOCC finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and therefore
declares this ordinance and legislation to be effective immediately upon adoption on January 7,
2014 pursuant to Pitkin County Home Rule Charter Section 2.8.2.
ORDINANCE # -2014
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that a temporary moratorium on medical marijuana licensing is
established. This moratorium shall not affect applications for any renewal of licenses for existing
medical marijuana facilities, nor shall it apply to any complete applications previously submitted
as of this date.
The moratorium shall expire without further action of the BOCC five months from this
date on June 7, 2014.
INTRODUCED AND ADOPTED ON THE 7 DAY OF JANUARY 2014 AND SET FOR
CONFIRMATORY READING AND PUBLIC HEARING ON THE 22ND DAY OF JANUARY
2014.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON JANUARY 9, 2014.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIAL PITKIN
COUNTY WEBSITE ( www.aspenpitkin.com) ON THE DAY
OF 2014.
CONFIRMED AT PUBLIC HEARING ON THE 22ND DAY OF JANUARY 2014.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER CONFIRMATORY READING
IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2014.
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIAL
PITKIN COUNTY WEBSITE ( www.aspenpitkin com) ON THE DAY OF
2014.
THIS ORDINANCE IS EFFECTIVE ON JANUARY 7, 2014
ATTEST: BOARD OF COUNTY COMMISSIONERS
By By:
Jeanette Jones
Deputy County Clerk
APPROVED AS TO FORM:
George Newman, Chair
Date:
MANAGER APPROVAL:
John Ely, County Attorney Jon Peacock, County Manager
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