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File #: Pres 21-05    Version: 1 Name: Marijuana Code Updates
Type: Presentation Status: Agenda Ready
File created: 11/17/2020 In control: City Council
On agenda: 1/25/2021 Final action:
Title: Marijuana Code Updates
Sponsors: City Council
Attachments: 1. Presentation, 2. Code of Colorado Regulations, 3. Draft Ordinance
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Marijuana Code Updates

Summary and Background Information:
The Colorado legislature has recently amended state statutes related to the marijuana business and has created new permit and license types. City staff are updating council on these changes and requesting direction from council whether or not council wishes to allow delivery permits for retail and medical marijuana businesses within the city, allow businesses outside the city to deliver within Commerce City, and to allow for hospitality licenses within the city. The City Clerk's Office in coordination with the City Attorney's Office and Hearing Officer for the Marijuana Licensing Authority, Kristin Brown, has worked to review and update Chapter 8, Article II of the City's Revised Municipal Code which regulates marijuana activity within the City.

First, there are portions of the Marijuana Licensing Authority's current Rules of Procedures that are better suited to be codified in the City's municipal code.

Second, the Colorado legislature has also passed a slate of legislation that has impacted the marijuana industry in 2019 and 2020 that went into effect in 2020 and 2021. One of the major changes is the allowance of publicly traded companies to have ownership of marijuana licenses within the state. Prior to this change, the city required licensees to submit background information related for all individuals named on the application, which included "owners, business managers, financiers, and any individuals owning any part of an entity that hold a financial or ownership interest in a marijuana business. (CCRMC 8-2101)" This creates a problem then at what level of financial interest in a publicly traded company does the city background. Licensing Coordinator Tiffany McGraw has reached out to other municipalities throughout Colorado and worked with contacts at the state's Marijuana Enforcement Division to research the most practical solution for our City. City staff are recommending the city...

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