3-16 Medical Marijuana Businesses Prohibited

A.    

Definitions. As used in this Section, the following words, terms, and phrases shall have the indicated meanings:

Medical Marijuana Center shall mean a person licensed to operate a business as described in the Colorado Medical Marijuana Code that sells medical marijuana and medical marijuana-infused products to registered patients or primary caregivers as defined in Amendment 20, but is not a primary caregiver.

Medical Marijuana-Infused Product shall mean a product infused with medical marijuana that is intended for use or consumption other than by smoking, including, without limitation, to edible products, ointments, and tinctures.

Medical Marijuana-Infused Products Manufacturer shall mean a person licensed pursuant to the Colorado Medical Marijuana Code to operate a business manufacturing medical marijuana-infused products.

Optional Premises Cultivation Operation shall mean a person licensed pursuant to the Colorado Medical Marijuana Code to grow and cultivate medical marijuana for a purpose authorized by Amendment 20.

Person shall mean a natural person, partnership, association, company, corporation, limited liability company, or other organization or entity, or a manager, agent, owner, director, servant, officer, or employee thereof.

B.    Medical Marijuana Centers, Medical Marijuana-Infused Products Manufacturers, and Optional Premises Cultivation Operations Prohibited.

It is unlawful for any person to operate, cause to be operated, or permit to be operated a Medical Marijuana Center, Medical Marijuana-Infused Product Manufacturing facility or operation, or Optional Premises Cultivation facility or operation, and all such uses are hereby prohibited in any location within the City, or within any area hereinafter annexed to the City.

C.    Penalty

A violation of the provisions of this Section shall be punishable as follows:

1.    By a fine of not more than one thousand dollars ($1,000.00) or imprisonment for not more than one year or by both such fine and imprisonment.

2.    Each and every day a violation of the provisions of this Section is committed, exists, or continues shall be deemed a separate offense.

3.    The City is specifically authorized to seek an injunction, abatement, restitution or any other remedy necessary to prevent, enjoin, abate, or remove the violation.

4.    Continuing violations of this Section are declared to be a nuisance and the City is authorized to seek to abate such nuisance under Chapter 10 of this Code. The City may recover all costs of abatement as provided for in Chapter 10.

5.    Any remedies provided for herein shall be cumulative and not exclusive, and shall be in addition to any other remedies provide by law or in equity.