§ 53-61. Intent, findings of fact, applicability, and authority.

(a)

It is the intent of this article IV to reasonably regulate certain land use activities relating to the growing or processing, within a residential environment within the city, of medical marijuana by patients and/or primary caregivers pursuant to Article XVIII, § 14 of the Colorado Constitution, state statutes, and other applicable laws and regulations, and non-medical marijuana by authorized persons pursuant to Article XVIII, § 16 of the Colorado Constitution, state statutes, and other applicable laws and regulations, so as to ensure that such activities are conducted in a safe manner and, in furtherance of its intent, the city council makes the following findings:

(1)

Article XVIII, § 14 of the Colorado Constitution, in primary part, establishes an affirmative defense to or exception from state criminal laws for patients or primary caregivers acting in conformance with the provisions thereof, and further contemplates cultivation activities associated with patients as generally being on a small scale (e.g., six plants per patient);

(2)

C.R.S. (2010) § 25-1.5-106, clarifies Colorado law regarding the scope and extent of Article XVIII, § 14 of the Colorado Constitution, as it relates to patients and primary caregivers, and further contemplates primary caregiver operations as generally being on a small scale (e.g., five patients per primary caregiver);

(3)

Article XVIII, § 16 of the Colorado Constitution establishes an exception from state and local criminal laws for persons 21 years of age or older acting in conformance with the provisions thereof, and further contemplates cultivation activities associated with such persons as being on that same small scale (e.g., no more than six plants per person);

(4)

The previously-referenced scale of activities lends itself to the establishment and conduct of such activities in and from noncommercial settings, including residential structures;

(5)

Notwithstanding the above, activities associated with the growing or processing of marijuana in or from a residential environment have the potential to produce secondary effects and impacts detrimental to the health, safety, and welfare of not only the occupants of the residential structure in which such activities are carried on, but also nearby inhabitants and visitors, the immediate neighborhood, and the community as a whole;

(6)

None of the above-referenced constitutional or statutory provisions purports to comprehensively regulate marijuana cultivation activities, particularly as such activities interrelate with land use, zoning, building code, and other responsibilities traditionally reserved to a home-rule municipality in the exercise of it police powers for the protection of the health, safety, and welfare of such municipality and its inhabitants; nor do they purport to preempt or restrict a home-rule municipality in exercising such powers;

(7)

The City of Arvada is a home-rule municipality and the city council is empowered to adopt such ordinances as are necessary and convenient to protect the health, safety, and welfare of the city and its inhabitants; and

(8)

The provisions of this article IV are necessary to protect and are enacted in furtherance of the public health, safety, and welfare of the city and its inhabitants.

(b)

This article IV shall apply to all patients, primary caregivers, and other authorized persons engaged in the growing or processing of medical marijuana or non-medical marijuana, pursuant to applicable constitutional or statutory provisions, within the municipal boundaries of the city, as such boundaries are now or in the future defined.

(c)

The city council has the power and authority to adopt this article IV pursuant to those sources of authority referenced in section 53-21 of article II hereof.

( Ord. No. 4393, § 7(Att. A), 7-1-2013 )