§ 17.48.205. Marijuana.

A.

Intent, Authority and Applicability.

1.

Intent. It is the intent of this section to prohibit certain land uses related to marijuana for personal use in the Town, and in furtherance of its intent, the Board of Trustees makes the following findings:

a.

Article XVIII, § 16 of the Colorado Constitution specifically authorizes a municipality "to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance."

b.

Based on careful consideration of Article XVIII, § 16 of the Colorado Constitution, and the potential secondary effects of the cultivation and dispensing of marijuana for recreational use, and the retail sale, distribution and manufacturing of marijuana for recreational use or marijuana-infused products, such land uses have an adverse effect on the health, safety and welfare of the Town and its inhabitants.

2.

Authority. The Town's authority to adopt this section is found in: Article XVIII, § 16 of the Colorado Constitution, the Local Government Land Use Control Enabling Act, C.R.S. § 29-20-101, C.R.S. § 31-23-101 (municipal police powers); and C.R.S. § 31-15-501 (municipal authority to regulate businesses).

3.

Applicability. This section shall apply to all property within the Town.

B.

Uses Prohibited.

1.

It is unlawful for any person to operate a marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility, or retail marijuana store within the Town.

2.

It is unlawful to grow marijuana for personal use anywhere in the Town other than an enclosed, locked space which is not open or public. "Enclosed" means having a roof and all sides closed to the weather with walls, windows, or doors.

3.

It is unlawful to make marijuana grown for recreational use available for sale in any manner.

(Ord. No. 01-2013, § 1, 1-7-2013)