§ 62-212. Purpose and intent, findings of facts, applicability, and authority.

(a)

Purpose and intent. The purpose of this article is to protect the public health, safety, and welfare by reasonably regulating and in some instances prohibiting the possession, use, display, purchase, or transportation of marijuana, marijuana accessories, and marijuana products. The intent of this article is to provide for such regulations or prohibitions consistent with and conforming to the regulatory framework set forth in Section 14 of Article XVIII of the Colorado Constitution regulating medical marijuana, and the Colorado Medical Marijuana Code, and in Section 16 of Article XVIII of the Colorado Constitution regulating recreational or retail marijuana, and the Colorado Retail Marijuana Code.

(b)

Findings of fact. In furtherance of the purpose and intent of this ordinance, the city council makes the following findings:

(1)

Section 14 of Article XVIII of the Colorado Constitution 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 being on a small scale (e.g., six plants per patient);

(2)

C.R.S. § 25-1.5-103 clarifies Colorado law regarding the scope and extent of Section 14 of Article XVIII of the 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)

Section 16 of Article XVIII of the Colorado Constitution creates an exception from state and local criminal laws relating to aspects of the possession, consumption, and use of recreational, or retail, marijuana 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 authorized person);

(4)

Marijuana is currently categorized in the Controlled Substances Act as a Schedule I drug, 21 U.S.C. § 812(c). Activities associated with the possession, cultivation, and use of even relatively small amounts of marijuana have the potential to produce residual and secondary effects and impacts detrimental to the health, safety and welfare not only of primary users of marijuana, but also of those in the community as a whole;

(5)

The above-referenced constitutional and statutory provisions do not purport to comprehensively regulate the possession, consumption, and use of marijuana from a criminal perspective, nor do they purport to completely preempt or restrict a Colorado home-rule municipality from regulating the possession, consumption or use of marijuana through the exercise of its police powers;

(6)

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

(7)

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

(c)

Applicability. This article VIII shall apply to all patients, primary caregivers, and other persons within the municipal boundaries of the city, as such boundaries are now or in the future defined. If Section 14 or 16, or any provision thereof, of Article XVIII of the Colorado Constitution is declared to be unconstitutional by a court of competent jurisdiction, nothing in this Code shall be deemed to permit the possession, consumption, or use of marijuana, marijuana accessories, or marijuana products for medical or any other purpose in light of the decision declaring part or all of said sections to be unconstitutional. Nothing in this article shall be deemed to prevent the prosecution of offenses under the state or federal controlled substances acts or other related offenses occurring in the City of Arvada. Article, part, or section headings of this article shall not be deemed to govern, limit, modify, or in any manner limit the scope, meaning, or extent of the provisions of this article or any section thereof.

(d)

Authority. The city has the power and authority to adopt this article VIII pursuant to:

(1)

The Home Rule Charter of the City of Arvada and the authority granted to home rule municipalities by Article XX of the Colorado Constitution;

(2)

The Colorado Medical Marijuana Code as cited above;

(3)

The Colorado Retail Marijuana Code as cited above; and

(4)

C.R.S. § 31-15-103 and § 31-15-401 concerning municipal police powers.

( Ord. No. 4392, § 2, 7-1-2013 )