The Cortez City Council unanimously approved another medical marijuana ordinance last week taking a first shot at regulating medical marijuana caregivers on the municipal level.
Although caregivers may not be banned due to protections under the Colorado constitution, the city is attempting to direct where and how they operate within the city limits.
This may prove difficult to enforce as caregivers register with the Colorado Department of Public Health, which has declined to disclose caregiver identities or locations to local authorities.
Caregivers often operate out of their homes.
The ordinance approved by the council May 22 is based on recommendations provided by the medical marijuana ad hoc committee and city planning and zoning.
Under the ordinance a medical marijuana caregiver or patient must live in the same building in which plants are grown and the grow area must be secured from anyone but the caregiver or patient.
This limits where caregivers may operate to commercial and residential zones within the city.
The ordinance prohibits outdoor growing, unusual smells, light pollution, undue traffic, excessive parking use, excessive noise as well as prohibiting marijuana and marijuana-related signs from being visible to the public.
In addition, the ordinance addresses health and safety issues, requiring medical marijuana operations to comply with electrical and building codes.
It also restricts the growing area for most growers to 100-square feet within a multi-family dwelling unit and 150-square feet within a single-family unit.
Lastly, the proposed ordinance makes it illegal under city code for non-licensed individuals to possess, cultivate or sell marijuana.
Earlier this year, the council recently approved an ordinance regarding medical marijuana retail centers, restricting the number of centers within the city to three.
Center owners have objected to the three-center cap as well as distance requirements that centers not operate within 1,500 feet of a day care center.
Also under new rules, centers will also be licensed in a manner similar to the current liquor licensing system.
Reach Reid Wright at [email protected]
