A. On November 7, 2000, the voters of the State of Colorado approved amendment 20. Amendment 20 added section 14 of article XVIII to the Colorado constitution, and created a limited exception from criminal liability under Colorado law (as opposed to federal law) for seriously ill persons who are in need of marijuana for specified medical purposes and who obtain and use medical marijuana under the limited circumstances described in section 14 of article XVIII of the Colorado constitution.

B. The Colorado legislature passed and the governor signed into law HB10-1284, entitled "an act concerning regulation of medical marijuana, and making an appropriation therefor". HB10-1284 adopted the "Colorado medical marijuana code". HB10-1284 became effective July 1, 2010.

C. On November 6, 2012, the voters of the State of Colorado approved amendment 64. Amendment 64 added section 16 of article XVIII to the Colorado constitution.

D. Section 16(3)(b) of article XVIII of the Colorado constitution provides that it is not unlawful under Colorado law for a person twenty one (21) years of age or older to possess, grow, process, or transport not more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants, and to possess the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted open or publicly, and is not made available for sale.

E. The possession, growing, processing, or transporting of marijuana plants in an unregulated setting can affect the health, safety, and welfare of both the occupants of the structure within which the marijuana is possessed, grown, processed, or transported, and persons occupying nearby structures.

F. The town's experience is that the unregulated possession, growing, processing, or transporting of marijuana results in a significant number of instances of noncompliance with the town's building and other technical codes. In addition to other potentially serious problems, noncompliance with the town's building and other technical codes has the potential to result in a fire emanating from the structure within which the marijuana is possessed, grown, processed, or transported. Such a fire would affect the health, safety, and welfare of both the occupants of the structure within which the marijuana is possessed, grown, processed, or transported, and persons occupying nearby structures.

G. Nothing in section 14 or section 16 of article XVIII of the Colorado constitution, or any other applicable law, immunizes persons who possess, grow, process, or transport marijuana in a regulated structure as hereafter defined from local regulation.

H. The town is a home rule municipal corporation organized and existing under its charter and article XX, section 6 of the Colorado constitution. As such, the town possesses all powers granted to home rule municipalities by Colorado law.

I. This chapter is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort, and convenience of the town and the inhabitants thereof, and to reduce the number of public nuisances that exist within the town. (Ord. 38, Series 2015)