Ordinance 1832 bans select conditional use permit applications through December 31, 2010COMMERCE CITY – In a unanimous vote of all members present at the June 14 City Council Meeting, Commerce City passed Ordinance 1832, enacting an immediate moratorium on the submission, acceptance, processing and approval of all City applications related to the establishment or operation of medical Marijuana centers, medical marijuana-infused products manufacturers or optional premise cultivation operations through December 31, 2010. The City will only continue processing applications from individuals who meet the state’s definition of being a primary caregiver, which is considered a person who has five or fewer patients.
Commerce City’s moratorium on conditional use permit applications relating to medical marijuana centers does nothing to modify the existing zoning ordinance currently in place. It does, however, place a temporary hold on the City’s processing of applications until such a time when certain legal questions have been answered by the courts.
“Even with the state legislature’s work completed in this past session, the issue of how communities should reconcile state and federal law with respect to the operation of medical marijuana centers remains unsettled,” said City Manager Jerry Flannery. “By passing 1832 earlier this week, Council acted in the best interest of the City by allowing the broader issue to be settled elsewhere. With future guidance from the courts, Commerce City will develop policy based in settled law, and in a manner that is consistent with the needs and desires of our residents and businesses.”
