Wednesday, March 2, 2011

Brighton Council prohibits medical marijuana centers

During their regular council meeting on Tuesday, the Brighton City Council approved on initial consideration an ordinance prohibiting the licensing and operation of medical marijuana centers, optional premises cultivation operations, and infused products manufacturers within the city limits. The vote was 8-0 with Council Member Moore having an excused absence from the meeting. This ordinance will come before the council for final consideration on Tuesday, March 22. If passed during final consideration, the ban would be in effect five days after publication of the ordinance as approved.

In 2010, the council placed a moratorium on medical marijuana dispensaries, optional premises cultivation operations and infused products manufacturers through July 11, 2011, or until action was taken by council. During the moratorium, staff reviewed impacts on the community, legal implications, land-use regulations, criteria for individuals applying for permits, and police enforcement issues with such dispensaries.

The prohibition does not affect medical marijuana patients or primary care-givers who are registered and acting under Article XVIII of the state constitution.

In addition, council approved on initial consideration an amendment to the current “Drugs and Drug Paraphernalia” section of the Municipal Code which adopts affirmative defenses for alleged violations of this code by primary care-givers and registered medical marijuana patients.