Agenda Date: 5/7/2024
Subject:
Title
Marijuana Licensing Review
Body
|
From: |
James L. Becklenberg, City Manager |
|
Prepared by: |
Reid B. Betzing, City Attorney |
|
Presentations: |
Reid B. Betzing, City Attorney |
PURPOSE:
To discuss the city’s current marijuana licensing provisions in comparison to the region and any potential changes to the city’s current marijuana licensing requirements.
LONG-TERM OUTCOME(S) SERVED:
High Quality Governance; Robust and Resilient Economy
BACKGROUND:
The Colorado Constitution (Article XVIII, Section 16) permits adults over the age of 21 to purchase, use, possess and cultivate limited amounts of marijuana and allows local governments to prohibit retail marijuana establishments, to adopt regulations governing the time, place, manner, and number of establishments, and to establish licensing procedures and operating fees.
In July of 2014, council approved Ordinance 13-2014, which prohibited retail marijuana establishments in the city. In November of 2020, the registered electors of the City of Littleton voted to allow existing medical marijuana center licensees in the City of Littleton to sell retail marijuana on and after January 1, 2021.
Pursuant to that vote, council adopted an ordinance to allow for retail sales of marijuana. Since the adoption of licensing provisions related to both medical and retail/recreational sales, the city has received correspondence asking for revisions to our current code.
Council is being asked to consider three (3) changes to the city’s current marijuana licensing provisions: 1) Increasing the allowed hours of operation from 9:00 a.m. to 10:00 p.m. to 8:00 a.m. to Midnight; 2) Allowing for medical patients to purchase more than 2 oz. to the amount prescribed by a registered doctor in accordance with state statute; and 3) To remove the square footage requirement of a maximum of 2,000 square feet.
DISCUSSION:
In review of the city’s licensing provisions in comparison to other jurisdictions, there were differences concerning the hours of operation that were permitted, mainly prescribing 9:00 a.m. Additionally, most jurisdictions did not prescribe a maximum square footage for sales nor set a maximum amount for medicinal sales.
|
City |
Hours of Operation |
Square Footage Max |
Quantity Restriction For Medical |
|
LITTLETON |
9:00 A.M. - 10:00 P.M. |
2000 sq ft |
2 oz |
|
Englewood |
8:00 A.M. - 8:00 P.M. |
|
State law |
|
Sheridan |
8:00 A.M. - 10:00 P.M. |
|
State law |
|
Lakewood |
8:00 A.M. - 12:00 A.M. |
|
State law |
|
Aurora |
8:00 A.M. - 12:00 A.M. |
|
State law |
|
Boulder |
8:00 A.M. - 10:00 P.M. |
3000 sq ft |
State law |
|
Denver |
8:00 A.M. - 12:00 A.M. |
|
State law |
|
Fort Collins |
8:00 A.M. - 12:00 A.M. |
|
State law |
|
Wheat Ridge |
8:00 A.M. - 10:00 P.M. |
|
State law |
|
Broomfield |
8:00 A.M. - 10:00 P.M. |
|
State law |
|
Commerce City |
8:00 A.M. - 10:00 P.M. Medical 8 A.M. - 7 P.M. |
|
State law |
|
Thornton |
8:00 A.M. - 12:00 A.M. |
|
State law |
|
Northglenn |
8:00 A.M. - 10:00 P.M. |
|
State law |
|
Brighton |
8:00 A.M. - 12:00 A.M. |
|
State law |
|
Lafayette |
8:00 A.M. - 10:00 P.M. |
3000 sq ft |
State law |
FISCAL IMPACTS:
The fiscal impacts are unknown but adopting these potential code amendments could arguably lead to additional sales tax revenues from the sale of marijuana.
STAFF RECOMMENDATION:
Staff does not take a specific position other than to state that some changes may further align with what some other neighboring jurisdictions who allow for sales have prescribed.
ALTERNATIVES:
1. Provide direction for different hours of operations, square footage limits, and quantity limits.
2. Make no change to existing regulations.