A. Neither this chapter, nor the act of obtaining a license from the licensing authority, protects licensees, or the owners, operators, employees, customers, and clients of a licensed premises, from criminal prosecution pursuant to any superior law that prohibits the cultivation, sale, use, or possession of controlled substances, including, but not limited to, medical marijuana and retail marijuana.

B. As of the date of the adoption of this chapter the cultivation, sale, possession, distribution, and use of marijuana remains a violation of federal law, and this chapter affords licensees, and licensee's owners, operators, employees, customers, and clients, with no protection from criminal prosecution under such law. Licensees, and their owners, operators, employees, customers, and clients, assume any and all risk and liability arising or resulting from the operation of the licensed premises under federal law.

C. The town has no liability to a licensee or any other person for injuries, damages, or liabilities of any kind, under any legal theory of liability, arising from the forced closure of the licensed premises if the Colorado Marijuana Code, the applicable administrative regulations, and/or this chapter are found to be invalid or illegal under any superior law.

D. To the greatest extent permitted by law, any action taken under the provisions of this chapter by any public officer or officers, elected or appointed officials, employees, attorneys, and agents of the Town of Breckenridge is not a personal liability of such person or of the town. (Ord. 36, Series 2020; amd. Ord. 13, Series 2022. Formerly 4-14-32)