A BILL FOR AN ORDINANCE ORDINANCE NO.

43 INTRODUCED BY: COUNCILMEMBER SCHLUTER AN ORDINANCE AMENDING CHAPTER 9, ARTICLE 12 OF THE GREENWOOD VILLAGE MUNICIPAL CODE REGARDING POSSESSION OF MARIJUANA, MARIJUANA PRODUCTS AND MARIJUANA ACCESSORIES WHEREAS, Colorado voters recently passed Amendment 64, which amended Article Article XVIII of the constitution of the state of Colorado by the addition of a new section 16 regarding the personal use and regulation of marijuana; and WHEREAS, Amendment 64 allows the possession, use, display, purchase or transportation of marijuana accessories or one ounce or less of marijuana for persons age twentyone years and older; WHEREAS, Amendment 64 allows possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of 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 openly or publicly, and is not made available for sale; and WHEREAS, Amendment 64 allows local governments to prohibit the possession of marijuana and marijuana accessories by persons under the age of twenty-one years and to prohibit the open and public consumption of marijuana by persons of any age; and WHEREAS, Amendment 64 allows entities that occupy, owns or controls property to prohibit the possession, use, display, transfer, sale, transportation, growing or purchase of marijuana, marijuana products or marijuana accessories on or in property under their ownership or control; and WHEREAS, it is the desire of the City Council of the City of Greenwood Village to pass legislation reconciling the Greenwood Village Municipal Code to the new state law while still acknowledging that marijuana is a Schedule I Controlled Substance under the Controlled Substances Act, 21 U.S.C. 800 et seq., and has no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse. . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GREENWOOD VILLAGE, COLORADO, ORDAINS: Section 1. Section 9-12-130 of the Greenwood Village Municipal Code is hereby amended to read as follows: SERIES OF 2012

Sec. 9-12-130. Possession of marijuana, marijuana products and marijuana accessories. It is unlawful for any person to possess not more than one (1) ounce of marijuana. For the purposes of this Section, open and public display, consumption or use of not more than one (1) ounce of marijuana shall be deemed possession thereof. Transferring or dispensing not more than one (1) ounce of marijuana from one (1) person to another for no consideration shall be deemed possession and not dispensing or sale thereof.

(a) The following terms have the following meanings for purposes of this Section and any other Greenwood Village Municipal Code section pertaining to marijuana: (1) Marijuana means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. Marijuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. (2) Marijuana product means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments and tinctures. (3) Marijuana accessories means any equipment, products, or materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. (4) Openly and publicly means in a manner perceptible by or in a place accessible to the members of the community. (5) Public area or building means an area or buildings and facilities owned or under the control of the city, and includes, but is not limited to, public buildings, streets, roads, highways, parks, playgrounds, trails and open space areas. (b) It is unlawful for a person under the age of twenty-one years to possess, transfer, transport or purchase marijuana products, marijuana accessories, or less than one ounce of marijuana.

(c) It is unlawful for a person twenty-one years of age or older to possess, transfer, transport or purchase less than one ounce of marijuana, marijuana products or marijuana accessories for any reason other than personal use. (d) It is unlawful for a person of any age to consume marijuana openly and publicly or in a manner that endangers others. (e) It is unlawful to make marijuana grown for personal use available for sale in any manner. (f) It is unlawful to possess, use, display, transfer, sell, transport, grow or purchase marijuana products, marijuana accessories, or less than one ounce of marijuana in any public area or building, except that marijuana or marijuana products may be transported on public streets, roads and highways if the person has obtained a current, valid license to operate a marijuana product manufacturing facility, testing facility, cultivation facility or retail marijuana store or is acting in his or her capacity as an owner, employee, or agent of a licensed manufacturing, testing, cultivation or retail marijuana facility.

Section 2. Effective Date. This ordinance shall take effect six (6) days after publication following final passage. INTRODUCED AND APPROVED ON FIRST READING ON THE ____ DAY OF _____, 2012, AND ORDERED PUBLISHED IN THE VILLAGER.

________________________________ Ronald J. Rakowsky, Mayor ATTEST: ______________________________ Susan M. Phillips, MMC City Clerk

INTRODUCED AND APPROVED ON SECOND READING ON THE _____ DAY OF ________, 2012, AND ORDERED PUBLISHED BY REFERENCE TO TITLE ONLY.

________________________________ Ronald J. Rakowsky, Mayor ATTEST: ______________________________ Susan M. Phillips, MMC

City Clerk
EFFECTIVE: ___________________