HomeMy WebLinkAbout09.14.17 Proposed BRC Change SubmissionsName: Title:
Company/Organization: Date:
Phone: Email:
Mailing Address:
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section:
Suggested Wording for Change:
Basic Justification for Suggested Change:
Examples of when the current Code or Rule has caused a problem (please provide real world
examples):
Explain how the change would affect/benefit the Industry:
Explain how the change would affect/benefit the City organization:
Explain how the change would affect/benefit the Public:
List any documents you have provided which support the proposed change:
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Name: Title:
Company/Organization: Date:
Phone: Email:
Mailing Address:
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section:
Suggested Wording for Change:
Basic Justification for Suggested Change:
Examples of when the current Code or Rule has caused a problem (please provide real world
examples):
Explain how the change would affect/benefit the Industry:
Explain how the change would affect/benefit the City organization:
Explain how the change would affect/benefit the Public:
List any documents you have provided which support the proposed change:
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Name: Title:
Company/Organization: Date:
Phone: Email:
Mailing Address:
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section:
Suggested Wording for Change:
Basic Justification for Suggested Change:
Examples of when the current Code or Rule has caused a problem (please provide real world
examples):
Explain how the change would affect/benefit the Industry:
Explain how the change would affect/benefit the City organization:
Explain how the change would affect/benefit the Public:
List any documents you have provided which support the proposed change:
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Name: Title:
Company/Organization: Date:
Phone: Email:
Mailing Address:
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section:
Suggested Wording for Change:
Basic Justification for Suggested Change:
Examples of when the current Code or Rule has caused a problem (please provide real world
examples):
Explain how the change would affect/benefit the Industry:
Explain how the change would affect/benefit the City organization:
Explain how the change would affect/benefit the Public:
List any documents you have provided which support the proposed change:
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Name: Shawn Coleman
Title: Director, Government Affairs
Company/Organization: Terrapin Care Station
Date: 9-01-2017
Phone: 720-839-1560
Email: scoleman@terrapincarestation.com
Mailing Address: 5370 Manhattan Circle, Boulder, CO 80305
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section:
6-16-7
Suggested Wording for Change:
Strike clause two of paragraph 1.
“(g) Limitations on Recreational Marijuana Centers and Co-Located Marijuana Center. The
following shall be the minimum requirements for a recreational marijuana center and a co-
located marijuana center:
(1)The area of the business is less than or equal to three thousand square feet, and the restricted
area components of the required security and all paper and electronic records are one thousand
square feet or less;
(2) There is a separate reception area for verification of age.”
Basic Justification for Suggested Change:
This code change should be made for several reasons:
• Current language is ambiguous as to the allowable interior dimensions
• Limiting floor sales area, which some interpret the code to do currently reduces available staff
thus contributing to staff fatigue and increasing opportunity for errors.
• Limiting sales area, although unclear this code provision does so, results in crowded, more
difficult to manage waiting areas
• The interior dimension requirements are unique to Boulder and inconsistent with the state retail
code which requires the entire licensed premises to be the “restricted area”
• The term “restricted area” in this context conflicts with the state definition.
Examples of when the current Code or Rule has caused a problem (please provide real world
examples):
The lack of clarity in this provision has prevented the conversion of a medical marijuana business into a
dual use medical/retail business.
Explain how the change would affect/benefit the Industry:
This change provides clarity in the code and parity with industry peers across the state.
Explain how the change would affect/benefit the City organization:
The administration of the code is simplified by removing conflicting provision of code while security and
compliance is increased by reducing the length of time patrons are on the premises of a marijuana
business.
Explain how the change would affect/benefit the Public:
This change benefits the public, specifically consumers by reducing waiting times and the quantity of
persons present at a marijuana business thus improving quality of service and by extension benefiting
the entire community with more compliant businesses.
List any documents you have provided which support the proposed change:
Attached document with a discussion on the current code language.
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel ____ To be submitted for
consideration by marijuana business working sub-group _____ Denied (i.e. conflicts with state law,
exceeds funding or resources limit, needs additional clarification or justification, etc) (see Comments
below)
Comments
Boulder code sets locations and size specifications for marijuana businesses in B.R.C. 6-16-7.
The size of business operations are contemplated in (g)
“(g) Limitations on Recreational Marijuana Centers and Co-Located Marijuana Center. The
following shall be the minimum requirements for a recreational marijuana center and a co-
located marijuana center:
(1)The area of the business is less than or equal to three thousand square feet, and the restricted
area components of the required security and all paper and electronic records are one thousand
square feet or less;
(2) There is a separate reception area for verification of age.”
Section 6-16-7 (g) describes the “area of the business” which may be up to 3,000 square feet. It
additionally contemplates “restricted area” in reference to “components of the required security
…etc.” required to be contained therein which shall be 1,000 square feet or less. “Restricted
Area” is defined in B.R.C. 6-16-2 as “Restricted area means the portion of a recreational
marijuana business premises within which the licensee defines on its application it intends to
cultivate, distribute, possess, or produce recreational marijuana and which area is clearly
identified as the restricted area on the floor plan submitted with the recreational marijuana
business license application for the business.” Section 6-16-10 describes required security” 6-
16-9 describes “paper and electronic records”.
The Colorado Retail and Medical Marijuana codes contemplate a similar distinction. In State
law, the definition that most clearly mirrors what is contemplated by “restricted area” in B.R.C.
6-16-2 is “Limited Access Area” found in C.R.S. 12-43.3-105. Limited access areas “
Subject to the provisions of section 12-43.3-701, a limited access area shall be a building, room,
or other contiguous area upon the licensed premises where medical marijuana is grown,
cultivated, stored, weighed, displayed, packaged, sold, or possessed for sale, under control of
the licensee, with access limited to only those persons licensed by the state licensing authority
and those visitors escorted by a person licensed by the state licensing authority. All areas of
ingress or egress to limited access areas shall be clearly identified as such by a sign as
designated by the state licensing authority.” Mirrored in the retail statute in 12-43.3-105.
There are two criteria for eligibility to purchase marijuana. For medical any person over the age
of 18 who has both valid Identification of age and A valid patient registry card. For retail
however, the only qualification is a valid identification of age above 21. Therefore the rules
governing a “restricted area” for a medical and retail facilities have distinct definitions from the
Marijuana Enforcement Division from the authority granted in C.R.S. 12-43.3-202 and C.R.S.
12-43.4-202 respectively.
“Restricted Access Area” means a designated and secure area within a Licensed Premises in a
Medical Marijuana Center where Medical Marijuana and Medical Marijuana-Infused
Product are sold, possessed for sale, and displayed for sale, and where no one without a valid
patient registry card is permitted.
“Restricted Access Area” means a designated and secure area within a Licensed Premises in a
Retail Marijuana Store where Retail Marijuana and Retail Marijuana Product are sold,
possessed for sale, and displayed for sale, and where no one under the age of 21 is permitted.”
State law accommodates several configurations for a storefront:
1. Medical Only: A person of any age is allowed on the premises, however only patients
aged 18 and above are permitted in the “restricted area” where “medical marijuana
products are sold, possessed for sale and displayed for sale and where no one without a
valid patient registry card is permitted”. Such a facility would still have a “limited access
areas”, “with access limited to only those persons licensed by the state licensing authority
and those visitors escorted by a person licensed by the state licensing authority.”
consistent with where records and security equipment and back stock of marijuana would
be stored.
2. Retail Only: Only a person aged 21 and above can be on the premises. For purposes of
age the entire licensed premises of a retail marijuana establishment is a “restricted area”
as defined in state rule, secure area within a Licensed Premises in a Retail Marijuana
Store where Retail Marijuana and Retail Marijuana Product are sold, possessed for sale,
and displayed for sale, and where no one under the age of 21 is permitted”. Such a
facility would still have a “limited access areas”, “with access limited to only those
persons licensed by the state licensing authority and those visitors escorted by a person
licensed by the state licensing authority.” consistent with where records and security
equipment and back stock of marijuana would be stored.
3. Medical/Retail, “Virtually Separated”: Only persons 21 and above are permitted on the
premises. The entire premises is the “restricted access” “secure area within a Licensed
Premises in a Retail Marijuana Store where Retail Marijuana and Retail Marijuana
Product are sold, possessed for sale, and displayed for sale, and where no one under the
age of 21 is permitted”. Medical and Retail inventories are “virtually separated” and sales
of medical products are limited to registered patients only. Such a facility would still
have a “limited access areas”, “with access limited to only those persons licensed by the
state licensing authority and those visitors escorted by a person licensed by the state
licensing authority.” consistent with where records and security equipment and back
stock of marijuana would be stored.
4. Medical/Retail, “Physically Separated”: The “restricted area” of the Medical License and
Retail must be physically separated. The inventory must likewise be physically separated.
Such a facility would have two “limited access areas”, “with access limited to only those
persons licensed by the state licensing authority and those visitors escorted by a person
licensed by the state licensing authority.” consistent with where records and security
equipment and back stock of marijuana would be stored.
B.R.C. does not perfectly mirror C.R.S. with respect to the privileges of the Entire Premises,
which the state contemplates with 3 subdivisions of restriction for a Medical only or “Physically
Separated” businesses: 1.The entire premises which is not age or condition restricted, 2. For a
medical only business, the sales room which is restricted to patients 18 and above and if co-
located with a retail license, a physically separated room with a separate entrance to the retail
sales room, both of which are “restricted areas” and 3. Limited Access areas, for storage, security
equipment, records etc, only accessible to staff or agency officials unless accompanied by a
licensee of agency official with a visitor badge.
For a retail only or “Virtually Separated” business, there are only 2 subdivisions. 1. The entire
premises is limited to persons 21 and above and is therefore a “restricted area”. 2. Limited
Access areas, for storage, security equipment, records etc, only accessible to staff or agency
officials unless accompanied by a licensee of agency official with a visitor badge.
Although B.R.C. does not use the same terms of “Restricted Access” and “Limited Access”, the
ordinance does contemplate a similar distinction throughout the code. For example, the
requirement that “all paper and electronic records” are in the “restricted area under 1,000
square feet” could not be construed to mean that businesses records should be on the sales floor
anymore than “Restricted area means the portion of a recreational marijuana business
premises within which the licensee defines on its application it intends to cultivate, distribute,
possess, or produce recreational marijuana and which area is clearly identified as the
restricted area on the floor plan submitted with the recreational marijuana business license
application for the business. Could be construed to mean cultivation is permissible in the
waiting area of a retail marijuana store provided the intention is described on the application.
Context is provided in other sections of the B.R.C. that the code contemplates in a similar
manner to state regulation, areas that mirror “restricted access” and “limited access”. Examples
include:
• 6-14-7 (h) Limitations on Medical Marijuana Centers. The following shall be the
minimum requirements for a medical marijuana center:
(1) The area of the business is three thousand square feet or less;
(2) The business does not distribute medical marijuana only, but provides other caregiver
services consistent with a wellness center, including, but not limited to, health treatments or
therapy generally not performed by a medical doctor or physician, such as physical therapy,
massage, acupuncture, aromatherapy, yoga, audiology, or homeopathy, or knowledgeable
consultation on the effects of amount and forms of ingestion of different types of marijuana for
medical use;
(3) The business includes a secured and locked medical marijuana dispensary room, one or
more private rooms for consultation on the medical use of marijuana or other services, and a
separate reception area for screening of patients and waiting for nonpatients.
(4) All caregiver services provided to meet the requirements of this section must comply with all
applicable requirements of any federal, state, or local entity with jurisdiction applicable to the
service provided.
• 6-16-5 (6) An operating plan for the proposed recreational marijuana business, including
the following information:
(A) A description of the products and services to be provided by the recreational marijuana
business.
(B)A dimensioned floor plan, clearly labeled, showing:
(i) The layout of the structure and the floor plan in which the recreational marijuana business is
to be located;
(ii) The principal uses of the floor area depicted on the floor plan, including but not limited to the
areas where underage persons will be permitted, storage areas, retail areas, and restricted areas
where recreational marijuana will be located;
(iii) Areas where any services other than the distribution of recreational marijuana are proposed
to occur in the premises; and
(iv) The separation of the areas that are open to persons who are underage from those areas
open to persons qualified to use marijuana.
• 6-16-8 Restriction on Access to Business.
(1) No person under twenty-one years of age shall be in the business premises. No person shall
be allowed entry into the business premises area without showing a valid picture identification.
Recreational marijuana centers shall have an electronic scanner able to verify the legitimacy of
the identification and maintain records for enforcement, as approved by the city manager. If a
person does not have a valid picture identification that the person is at least twenty-one years of
age, the owner or keyholder on the premises shall require that the person leave the business and
any surrounding area possessed or controlled by the business. In the event the person has a valid
government-issued proof of age that cannot be scanned, such as a passport or military ID, the
business shall be allowed access so long as the ID reasonably appears to be accurate and valid.
(2) No person, other than an employee or contractor of the business or a visitor shall be
permitted in the restricted area of the business. For purposes of this subsection, a visitor means a
person that is accessing the restricted area for educational purposes. No access to the restricted
area may be permitted by tourists or for compensation. The business must require that all visitors
comply with all requirements for access to limited access areas as required by the Colorado
Marijuana Enforcement Division. The log required shall be maintained on the business premises
and available for inspection upon request by the city.
• 6-14-8 (b) Restriction on Access to Restricted Area.
(1) No person, other than a patient, licensee, employee, or a contractor, shall be in the
restricted area. No patient shall be allowed entry into the restricted area without showing a
valid picture ID and evidence that the person is a patient.
(2) No person, other than an employee or contractor of the business or a visitor shall be
permitted in the restricted area of the business. For purposes of this subsection, a visitor means
a person that is accessing the restricted area for educational business purposes. No access to
the restricted area may be permitted by tourists or for compensation. The business must require
that all visitors comply with all requirements for access to limited access areas as required by
the Colorado Marijuana Enforcement Division. The log required shall be maintained on the
business premises and available for inspection upon request by the city.
• 6-16-8 (l) No Sales Except Directly to User; No Deliveries. Except for sales to another
licensed marijuana business, all sales of recreational marijuana shall be made in person
in the restricted area of a recreational marijuana center. All marijuana sales shall be in
person, directly to the purchaser. No marijuana sales shall be made via telephone,
internet, or other means of remote purchase. Deliveries of marijuana shall occur only in
person to the purchaser at the time of purchase in the restricted area of a recreational
marijuana center.
• 6-14-8 (l) Delivery to Patients. In the event a primary caregiver personally delivers
medical marijuana to one or more patients, at all times any medical marijuana is outside
of the restricted area:
(1) The medical marijuana shall be packaged, sealed, and labeled as provided in this chapter. The
label shall include the name of the patient to whom it is being delivered.
(2) The primary caregiver delivering the medical marijuana shall have in the primary caregiver's
possession documents evidencing: (i) the patient identified on each package of medical
marijuana has designated the person as the patient's primary caregiver; (ii) the patient requested
delivery of medical marijuana by the primary caregiver; (iii) the amount of the requested
delivery; (iv) the date of the requested delivery; and (v) if more than two ounces is being
delivered to a patient, a copy of the doctor's recommendation for that patient specifying the
additional amount of medical marijuana medicinally necessary for that patient on the form
provided by the city.
(3) The delivery is made directly to a patient who has a valid registration card and a valid picture
identification card that matches the name on the registration card.
(4) In no event shall the primary caregiver be in possession of more than eight ounces of a usable
form of medical marijuana for delivery outside of the restricted area.
As is discernable is the “restricted area” can have several applications in B.R.C. although in
general it contemplates something “similar” to the “restricted access area” in C.R.S. except for
when it is specifically contemplated to be synonymous with “limited access area in C.R.S. as
described in B.R.C. 6-16-8 (2).
The 6-16-8(2) appears to be the same usage as in 6-16-7 (g), again with the construction that
business records, security and storage are not contemplated to be stored on the sales floor, rather
secured in a “limited access area”
In any event, even if the application of “restricted area” in 6-16-7 (g) is interpreted to limit the
size of the a combined sales area to 1,000 square feet, this interpretation is rendered by the
comma in 6-16-7 (g) (1)The area of the business is less than or equal to three thousand square
feet, and the restricted area components of the required security and all paper and
electronic records are one thousand square feet or less; which contemplates the square
footage restriction is applicable to the “required security and all paper and electronic records”,
which would be consistent with the specific reference to “limited access area” 6-16-8(2) as well
as several other provisions of B.R.C. which imply the general scheme of 3 tiers of access control
for Medical and Physically separated facilities and 2 tiers of access control for retail and virtually
separated facilities.
Therefore, taken together, and in context;
• A business area for a co-located business can be up to 3,000 square feet
• Restricted Area as it used in 6-16-7(g) referring to “where” certain records must be stored
• The limitation of access to secured areas of the facility are governed in C.R.S. as
“restricted access” and “limited access”
6-16-7(g) provides for the following configurations:
• A Medical only center up to 3,000 square feet total area. No requirement on dispensing
room size apart that it be separated and locked. Areas that would be defined by the state
as “limited access” limited to no more than 1,000 square feet of the facility.
• A Retail Only center up to 3,000 square feet total area. Areas that would be defined by
the state as “limited access” limited to no more than 1,000 square feet of the facility. The
age identification must be separate of any size.
• A Retail/Medical virtually separated center up to 3,000 square feet. The entire premises is
the “restricted area as defined by the state. Areas that would be defined by the state as
“limited access” limited to no more than 1,000 square feet of the facility. The age
identification must be separate of any size.
• A Retail/ Medical physically separated center up to 3,000 square feet. Areas that would
be defined as “restricted area” must be physically separated with separate entrances.
Areas that would be defined by the state as “limited access” limited to no more than
1,000 square feet of the facility. The medical and retail “limited access areas” must be
physically separated, in total be no more than 1,000 square feet however can be in any
proportion to each other.
Name: Title:
Company/Organization: Date:
Phone: Email:
Mailing Address:
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section:
Suggested Wording for Change:
Basic Justification for Suggested Change:
Examples of when the current Code or Rule has caused a problem (please provide real world
examples):
Explain how the change would affect/benefit the Industry:
Explain how the change would affect/benefit the City organization:
Explain how the change would affect/benefit the Public:
List any documents you have provided which support the proposed change:
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Name: Title:
Company/Organization: Date:
Phone: Email:
Mailing Address:
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section:
Suggested Wording for Change:
Basic Justification for Suggested Change:
Examples of when the current Code or Rule has caused a problem (please provide real world
examples):
Explain how the change would affect/benefit the Industry:
Explain how the change would affect/benefit the City organization:
Explain how the change would affect/benefit the Public:
List any documents you have provided which support the proposed change:
Alana Malone CEO
GREEN DOT LABS AUGUST 2017
303-518-5995 ALANA@GREENDOTLABS.COM
PO BOX 17655 BOULDER CO 80308
6-16-8(j) - Limitations on Inventory
Repeal Limitation on MIP inventory.
1) Arbitrary limit on a business's ability to generate revenue 2) Annexed businesses are not
required to comply with this arbitrary limit and there is no expiration on their exemption.
This positions annexed positions to monopolize cannabis production and take business from
compliant, local businesses whose opportunity for growth is capped by city code.
We have had to make capital expenditures to outfit grow and lab with storage capacity to address
MIPs limit on inventory; county MIPs run circles around us in terms of volume of production and
we can never bring our costs down to compete with a limit on our ability to process cannabis and
generate revenue.
Boulder-based businesses would be able to process cannabis and generate revenue without city ordinance
capping our ability to do so.
There would be no effect on the city. MIPs have strict guidelines as to how and where we can store our
inventory and any lack of organization or lack of security protocol aroung storage of inventory is addressed by
state and city code.
They would have access to locally produced products.
Ordinance 8139 section 6) c.
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Title:
Company/Organization: Date:
Phone: Email:
Mailing Address:
Explain how the change would affect/benefit the Industry:
Explain how the change would affect/benefit the City organization:
Explain how the change would affect/benefit the Public:
Skinny Pineapple Inc ; dba The Farm
compliance@thefarmco.com
3100 Arapahoe Avenue Suite #450 ; Boulder CO 80303
Name:
Compliance Department Compliance
August 02, 2017
586-489-9633
BRC or City Manager Rule suggested amendment with Legal Citation/Chapter/Section:
6-16-8 (p), 6-16-2,
6-14-8 (p), 6-14-2
List any documents you have provided which support the proposed change:
A document is attached with an example of what the language reorganization could look like.
Examples of when the current Code/Rule has caused a problem (please provide real world examples):
The issue regarding "incidental to sponsorship", where are/aren't coupons allowed?, What tee-shirt designs
may be sold?, the numerous council meetings where council/staff spent time explaining the advertising
regulations, the questions regarding whether or not business cards being handed out violated the
regulations, etc.
Suggested Wording for Change:
Revamp the advertising regulations to be more clear, and to state only what is prohibited.
Strike 6-16-8(p) & 6-14-8(p) from the BRC and add prohibitions to "6-16-13 & 6-14-13 - Prohibited acts".
See attachment.
Basic Justification for Suggested Change:
The current advertising regulations are convoluted and confusing. It is impossible to state everything that
is possible or allowed under the code - the regulations should only state what is prohibited.
Understanding the regulations always makes business easier. Clarity would be helpful, and having a clear idea
of advertising and marketing restrictions would greatly increase business efficiencies related to advertising,
colloboration, and promotions.
The city and the MJ industry need to be on the same page. If the regulations are more clear to the industry,
the City will have fewer questions to answer and fewer violations to issue.
When the City and the industry are on the same page, the public will certainly benefit.
Strike 6-16-8(p) and 6-14-8(p) from the BRC & add the following language to 6-16-13 and 6-14-13, prohibited acts:
• A marijuana business may not advertise in a manner that is misleading, deceptive, false, or designed to appeal
to minors
• Except as otherwise provided in this paragraph, it shall be unlawful for any person licensed under this chapter or
any other person to advertise any marijuana or marijuana -infused product anywhere in the city where the
advertisement is in plain view of, or in, a place open t o the general public
• No marijuana business shall distribute or allow the distribution of any marijuana or products marked with its name or
logo without charge within a marijuana business or any place open to the public for the purpose of promotion or
advertising
• No recreational marijuana business shall sell, distribute, or provide, or allow the sale, distribution, or provision
of, products marked with its name or logo, in child sizes, designed for the use of minors, or which is misleading,
deceptive, false , or appealing to minors.
• No marijuana business shall distribute or allow the distribution of any coupon or similar writing, electronically or
on paper, which purports to allow the bearer to exchange the same for any marijuana product either free or at a
discount except as permitte d in subsection (1)(B) of this section (p);
• A marijuana business may not advertise utilizing any of the following media:
o any billboard or other outdoor general advertising device as defined by the zoning code;
o any sign mounted on a vehicle;
o any handheld or other portable sign;
o or any handbill, leaflet, or flier directly handed to any person in a public place, left upon a motor vehicle,
or posted upon any public or private property.
▪ The prohibition set forth in this paragraph shall not apply to:
• Business cards
• Any sign located on the same zone lot as a recreational marijuana center which exists
solely for the purpose of identifying the location of the recreational marijuana center and
which otherwise complies with this code and any other applicable city laws and
regulations, which sign includes only the name, address, and hours of the business;
• Any advertisement contained within a newspaper, magazine, or other periodical of
general circulation within the city or on the internet, which may include coupons ;
• Any products marked with the name or logo of marijuana business, including wearable or
non-consumable merchandise, packaging in which marijuana is sold, or on recreational
marijuana accessories sold;
• Advertising which is purely incidental to sponsorship of an charitable event by a
marijuana business;
• A booth at a job fair or educational seminar where the only items distributed are
company-or educational materials, and no other items are distributed shown or sold; or
• A booth at an adult event where the only items distributed are company or educational
materials no other items are distributed, shown or sold.
• Adult events
Proposed changes to 6-16-2 / 6-14-2
Incidental to sponsorship of charitable events means the printing of the names of all sponsors of a particular charitable
event by the event organizer on advertisements, banners, clothing, programs or similar items. Incidental to sponsorship
of an charitable event does not include the placement of a booth or distribution of materials at the event by the
marijuana business.
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Company/Organization: Date:
Email:
Mailing Address:
BRC or City Manager Rule suggested amendment with Legal Citation/Chapter/Section:
Explain how the change would affect/benefit the Industry:
List any documents you have provided which support the proposed change:
Skinny Pineapple Inc ; dba The Farm
compliance@thefarmco.com
3100 Arapahoe Avenue Suite #450 ; Boulder CO 80303
Name:
Compliance Department
Title:
Compliance
August 02, 2017
Phone:
586/489-9633
Chapters 14 and 16 of the BRC
Suggested Wording for Change:
We'd like to recommend combining the Recreational and Medical marijuana codes into one
document.
Basic Justification for Suggested Change:
It would be easier for the industry and the City if there were only one Marijuana regulation document to refer
to and keep updated. There were previously areas where the code differed (unnecessarily), and it caused
more confusion than clarification & understanding. For rules that should only apply to medical, recreational,
or co-located businesses, that exception can be made explicitly clear in the combined regulation document.
Simpler is always better.
Explain how the change would affect/benefit the City organization:
Less to manage when reviewing, updating, or changing regulations.
It will take some staff time to get combined, but we imagine it will save much more time in the future.
Explain how the change would affect/benefit the Public:
If the regulations are simpler and more clear for both the industry and the City, the public will surely benefit
from everyone being on the same page.
N/A
Examples of when the current Code or Rule has caused a problem (please provide real world
examples):
If you have both a medical and recreational marijuana business in Boulder, it can be quite cumbersome to
locate the specific and often subtle differences between the two codes.
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Title:
Company/Organization: Date:
Phone: Email:
Mailing Address:
Examples of when the current Code/Rule has caused a problem (please provide real world examples):
Explain how the change would affect/benefit the Industry:
Explain how the change would affect/benefit the City organization:
Explain how the change would affect/benefit the Public:
Skinny Pineapple Inc ; dba The Farm
compliance@thefarmco.com
3100 Arapahoe Avenue Suite #450 ; Boulder CO 80303
Name:
Compliance Department Compliance
August 02, 2017
586-489-9633
List any documents you have provided which support the proposed change:
Attached, please find the BRC language referenced above, and the timeline of energy requirement
emails from the city.
BRC or City Manager Rule suggested amendment with Legal Citation/Chapter/Section:
6-16-8(i), 6-14-8(i), 6-16-9(g), 6-14-9(g)
Suggested Wording for Change:
Uncertain - would require discussion. The industry would like to see more viable choices, as the only
option that we are able to participate in is significantly more expensive.
No immediate concerns from our business regarding reporting requirements, other than shared
meters paid for by landlord. (Manually uploaded each month)
Basic Justification for Suggested Change:
RECs vs carbon offsets are not clearly differentiated from 6-16-8(i) & 6-16-9(g) (same for the medical code).
Most cultivation facilities in the City limits are in multi-use structures which create barriers to installing solar panels.
Solar gardens and PUC's are funded by federal banks and won't touch marijuana businesses.
This requirement creates a double-taxation on energy offset with the Climate Action Tax
What and who are informing the allocation of funds, and are they intended to feed back into industry efficiency improvements?
Many cultivation facilities in the City over-purchased REC's, not realizing the effective date of the change & confusion in requirements.
(Will be cause for double-billing)
More clarification.
This will be dictated by the language decided on.
More clarification.
This will be dictated by the language decided on.
More clarification.
This will be dictated by the language decided on.
6-14-8 (i)
Renewable Energy Usage Required. A medical marijuana business shall directly offset one hundred percent of
its electricity consumption through the purchase of renewable energy or carbon offsets, a verified
subscription in a Community Solar Garden, or renewable energy generated onsite, or an equivalent that is
subject to approval by the city. For medical marijuana businesses licensed by the city on October 22, 2013,
this requirement shall apply at the time of renewal of the medical marijuana business license following
October 22, 2013.
6-16-8 (i)
Renewable Energy Usage Required. A marijuana business shall directly offset one hundred percent of its
electricity consumption through the purchase of renewable energy or carbon offsets, a verified subscription
in a Community Solar Garden, or renewable energy generated onsite, or an equivalent that is subject to
approval by the city. For a recreational marijuana center that has converted pursuant to Subsection 6-16-3(f)
or co-located pursuant to Subsection 6-16-3(g), or a marijuana-infused product manufacturer licensed by the
city on October 22, 2013, this requirement shall apply at the time of renewal of the marijuana business
license following October 22, 2013.
6-14-9 (g)
Reporting of Energy Use and Carbon Offset Purchases. The records to be maintained by each medical
marijuana business and submitted to the city on a quarterly basis, shall include, without limitation, records
showing on a monthly basis the use and source of energy and the number of certified Renewable Energy
Credits (RECs) purchased, or the subscription level for another renewable energy acquisition program
approved by the city manager. A statement of the projected daily average peak electric load anticipated to be
used by the business and certification from the building owner or landlord and utility provider that the
premises are equipped to provide the required electric load, or necessary upgrades will be performed. Such
records shall include all statements, reports, or receipts to verify the items included in the report of the
business. By application for a medical marijuana business license from the city, the medical marijuana
business grants permission to providers of the energy or point of origin of the RECs or other renewable
energy acquisition program to disclose the records of the business to the city. For medical marijuana
businesses that cultivate medical marijuana, the report shall include the number of certified Renewable
Energy Credits (RECs) purchased, or the subscription level for another renewal energy acquisition program
approved by the manager.
6-16-9 (g)
Reporting of Energy Use and Carbon Offset Purchases. The records to be maintained and submitted to the
city on a quarterly basis, by each recreational marijuana business shall include, without limitation, records
showing on a monthly basis the use and source of energy and the number of certified Renewable Energy
Credits (RECs) purchased, or the subscription level for another renewable energy acquisition program
approved by the city manager. A statement of the projected daily average peak electric load anticipated to be
used by the business and certification from the building owner or landlord and utility provider that the
premises are equipped to provide the required electric load, or necessary upgrades will be performed. Such
records shall include all statements, reports, or receipts to verify the items included in the report of the
business. By application for a recreational marijuana business license from the city, the recreational
marijuana business grants permission to providers of the energy or point of origin of the RECs or other
renewable energy acquisition program to disclose the records of the business to the city. For recreational
marijuana businesses that cultivate recreational marijuana the report shall include the number of certified
RECs purchased, or the subscription level for another renewable energy acquisition program approved by the
manager.
Timeline:
• December 10th 2015 (Email from City #1)
o Email to owners on December 10th 2015 regarding Ordinance 8081, changing energy requirements.
Ordinance does not specifically say Windsource
• Difference between 6-16-8(i) and 6-14-8(i) AND 6-16-9(g) and 6-14-9(g)
• April 21st 2016 (Email from City #2)
o Reporting Requirement details via EnergyStar
No reference to not allowing Windsource for 2016
• April 22nd 2016 (Email from City #3)
o Reporting Requirement details via EnergyStar
No reference to not allowing Windsource for 2016
• December 15th 2016 (Email from City #4)
o In this email, it says “Starting in 2017”
o First time it specifically says Windsource is not accepted for 2016 (retroactively)
• July 3rd 2017 - (Email from City #4)
Boulder Energy Requirements for MJ Facilities:
https://bouldercolorado.gov/planning/boulder-marijuana-facility-energy-requirements
EMAIL #1 12/10/2015 From: Lamb, Michele [mailto:LambM2@bouldercolorado.gov] Sent: Thursday, December 10, 2015 11:49 AM
Subject: Changes to city laws for Rec MJ and Med MJ business licenses which are effective today
Dear Boulder Marijuana Business license holder:
This email is being sent to you to inform you of changes to the Boulder Revised Code’s Chapter 6-14 for Medical Marijuana and Chapter 6-16 for
Recreational Marijuana. The text of Ordinance 8081 which encompasses these city changes is attached and these new legal sections become
effective today.
Some highlights of the amendments are:
1) Abolishing the requirement that a Boulder Manufacturer Infused Product (MIP) licensee must also have a Boulder Grow supplying at least
70% of the MJ product used for processing.
2) Inclusion of a license transfer right to allow an existing Boulder MIP business to separate their MIP and their Grow due to the deletion of
the above 70% products rule if they wish.
3) Deletion of the deadline of December 31, 2015 for 100% conversions and co-locations inside of the original business footprint for
businesses to change from Medical Marijuana to Recreational Marijuana business operations.
4) Changes to renewable energy reporting and allowable carbon offsets.
5) Change of the process for a decision by the city about violations of our MMB and RMB code so that a licensee has an opportunity for a
quasi-judicial hearing in front of the municipal court before the decision is final.
Please contact your attorney for questions on how these changes impact your business. Feel free to contact our office for licensing questions.
Thank you, Mishawn Cook
EMAIL #2: 04/21/2016
From: Vasatka, Elizabeth [mailto:VasatkaE@bouldercolorado.gov] Sent: Thursday, April 21, 2016 12:05 PM
To: jan@thefamrco.com; Devin Liles <dliles@thefarmco.com>
Cc: Vasatka, Elizabeth <VasatkaE@bouldercolorado.gov> Subject: City of Boulder marijuana license renewals Importance: High
Hello Jan and Devin,
I’m writing to you in regards to the City of Boulder Marijuana Licenses you have for The Farm. I received your renewal applications and the
Renewable Energy Certificates. Thank you, that is half of the energy requirements.
The other half of the energy requirement is that we need to have you report the energy use your licensed facilities. I’m sure you’ve seen and read
through the energy requirements for City of Boulder licenses, but for easy reference please review the link below.
https://bouldercolorado.gov/planning/boulder-marijuana-facility-energy-requirements
The city’s goal is to have all licensed facilities registered in ENERGY STAR Portfolio Manager by May 1. This date is right around the corner,
but we have provided a lot of resources to assist you with this process. Please check out the “step-by-step How to Guide” that will walk you through
the process and if you need one-on-one assistance you can contact our business sustainability advisors, at PACE (Partners for a Clean
Environment) 303-441-1300.
Please let me know if you have further questions about this requirements.
Thanks and you will receive more notice of this requirement from Mishawn Coo, the city’s License & Collection Administrator.
Elizabeth
Elizabeth Vasatka
Business Sustainability Coordinator
City of Boulder, Department of Planning, Housing + Sustainability
P.O. Box 791, Boulder, CO 80306
1101 Arapahoe Ave., 1st Floor
Boulder, CO 80302
office: 303.441.1964
vasatkae@bouldercolorado.gov
www.bouldercolorado.gov/LEAD
EMAIL #3: 04/22/2016
From: Cook, Mishawn [mailto:cookm@bouldercolorado.gov]
Sent: Friday, April 22, 2016 10:45 AM
To: Cook, Mishawn <cookm@bouldercolorado.gov>
Cc: Vasatka, Elizabeth <VasatkaE@bouldercolorado.gov>; licensestaff <licensestaff@bouldercolorado.gov> Subject: MJ Energy Use Reporting Update
Sent on behalf of Climate + Sustainability Division:
City of Boulder Marijuana Licensees:
As part of the City of Boulder Marijuana License Ordinance revisions at the end of 2015, I am writing to clarify two refinements to the energy
reporting and carbon offset verification process. The May 2, 2016 deadline to report your facility’s energy use to the city using ENERGY STAR
Portfolio Manager (ESPM) is quickly approaching.
If you have not yet done this, please read through the “Step-by-Step How to Guide” ,which will walk you through the ESPM registration process and
how to share your facility energy use data with the city. If you would like free, technical one-on-one assistance, you can contact our business
sustainability advisors at PACE (Partners for a Clean Environment) or call 303-441-1300. Please reference the city’s web page for specific ordinance
language, resources and deadlines.
Through the license renewal process, many of you have been contacted by Elizabeth Vasatka, Boulder’s Sustainability Coordinator, who is now part
of the city’s renewal approval process. Please contact Elizabeth if you have further questions about these requirements. More information will follow
in the coming months regarding a new local option to purchase carbon offsets.
Thank you,
Elizabeth Vasatka
Business Sustainability Coordinator
office: 303.441.1964
vasatkae@bouldercolorado.gov
Mishawn J. Cook
License & Collection Administrator, CMC
City of Boulder, Finance Dept.
Main: 303-441-4192
Direct: 303-441-3010
Fax: 303-441-1919
Mail: PO Box 791, Boulder, CO 80306
Office: 1777 Broadway-1st Floor, Boulder, CO 80302
Web page: www.bouldercolorado.gov/licensing
EMAIL #4: 12/15/2016
From: Cook, Mishawn Sent: Thursday, December 15, 2016 3:51:34 PM (UTC-07:00) Mountain Time (US & Canada)
To: Cook, Mishawn
Cc: Vasatka, Elizabeth Subject: FW: ACTION REQUESTED: City of Boulder Marijuana Licensees Energy Requirements
MJ Routing Email Group, please find below Important Information from our Climate + Sustainability department about Marijuana Licensing
requirements.
Thank you, Mishawn Cook
Mishawn J. Cook
Licensing Administrator
Certified Municipal Clerk
O: #303-441-3010
cookm@bouldercolorado.gov
Finance Department
1777 Broadway | Boulder, CO 80302
Bouldercolorado.gov
From: Vasatka, Elizabeth
Sent: Thursday, December 15, 2016 3:39 PM
To: Cook, Mishawn <cookm@bouldercolorado.gov> Cc: Tupper, Kendra <TupperK@bouldercolorado.gov>; Rankin, Kimberlee <RankinK@bouldercolorado.gov> Subject: ACTION REQUESTED: City of Boulder Marijuana Licensees Energy Requirements
To Whom it May Concern,
As you know, licensed medical and recreational marijuana facilities in the City of Boulder are required to report their energy usage to the City and
offset 100 percent of their electricity use annually. Starting in 2017, the following options will be accepted as a mean of offsetting electricity use:
1. Renewable energy generated on site; or
2. Verified subscriptions in a Community Solar Garden; or
3. The purchase of offsets through the City of Boulder Energy Impact Offset Fund (under development).
The new Energy Impact Offset Fund will be managed in partnership with Boulder County, and will allow participants to purchase electricity offsets at
a set price per kWh (starting out at the current Windsource rate of 2.16 cents per kWh, staying consistent with existing prices). The money collected
by this fund will go towards emissions reduction projects (e.g. energy efficiency and renewable energy) within the City, with a priority on projects at
marijuana facilities. Once the fund has been established, this new option will allow licensees to apply for funding for on-site energy efficiency,
renewable energy, and other emissions reduction projects. We are excited to offer this option which will keep these local funds in our community,
and provide the licensees the opportunity to directly benefit from this program.
In the near term, the process and steps for compliance are as follows:
· Please make sure you are registered and current with entering your monthly energy consumption through ENERGY STAR Portfolio
Manager and have shared your account with the city. For more details and instructions, visit the city’s website.
By Jan 15, 2017, please indicate which of the above 3 options you will be choosing to comply with the energy offset requirement.
https://bouldercolorado.formstack.com/forms/mj_energy_offset_selection_form
· If you have elected to comply with the requirement through the City of Boulder Energy Impact Offset Fund, you will be invoiced on a
quarterly basis for the amount of electricity that your site has used.
· If you have elected to comply with the requirement through on-site renewable energy generations or subscriptions in a Community Solar
Garden, you must provide proof of this to the city. Please contact me for further verification information.
· If you have elected to comply with the requirement through a combination of the above, you must provide proof of each option.
Please do not hesitate to reach out, if you have any questions on these two energy requirements.
Thanks and Happy Holidays,
Elizabeth Vasatka
City of Boulder
Sustainability Coordintor
1101 Arapahoe, First Floor
Boulder, CO 80306
(o) 303-441-1964
vasatkae@bouldercolorado.gov
www.bouldercolorado.gov
EMAIL #5: 07/03/2017
From: Cook, Mishawn [mailto:cookm@bouldercolorado.gov]
Sent: Monday, July 3, 2017 8:28 AM
To: Cook, Mishawn <cookm@bouldercolorado.gov>; licensestaff <licensestaff@bouldercolorado.gov> Cc: Vasatka, Elizabeth <VasatkaE@bouldercolorado.gov>
Subject: City of Boulder Marijuana Licensees Energy Requirements
Hello, please find below an email from Elizabeth Vasatka with Climate + Sustainability Department about the City of Boulder’s energy requirements
for Marijuana Business Licensees. Please contact Elizabeth at: vasatkae@bouldercolorado.gov if you have further questions about the below email.
Thank you, Mishawn Cook
To: City of Boulder Marijuana Licensee;
As you know, on an annual basis, licensed medical and recreational marijuana facilities are required to report their energy use and offset 100
percent of their electricity use. On Nov. 10, 2015, the city revised the marijuana license requirements and one of the changes was removing Xcel’s
Windsource subscriptions as a verifiable offset, but as a replacement the city approved a new local Energy Impact Offset Fund.
Starting in 2016, the following options were accepted as a means of offsetting electricity use:
1. Renewable energy generated on site; or
2. Verified subscriptions in a Community Solar Garden; or
3. Offset purchases through the City of Boulder Energy Impact Offset Fund.
The new Energy Impact Offset Fund (EIOF) will be managed in partnership with Boulder County, and will allow participants to purchase electricity
offsets at a set price per kWh (at the onset, the offset price will be consistent with other programs at $0.0216/kWh). The money collected by this fund
will go towards emissions reduction projects (e.g. energy efficiency and renewable energy), supporting the city’s Climate Commitment Goals. EIOF
details are still under development, yet the city is excited to offer this option which will keep these funds local in our community, and provide the
licensees the opportunity to directly benefit from this program.
In the near term, the process and steps for compliance are as follows:
• Please make sure you are current with entering your monthly energy consumption in ENERGY STAR Portfolio Manager (or request Xcel
Energy to push your energy use data into your ESPM account). For more details and instructions, visit the city’s website.
Whether you have renewed your 2017-2018 City of Boulder marijuana license or not, for verification and confirmation purposes, please fill out the
form (link below), indicating which of the above 3 options you will be choose to comply with the energy offset requirement.
https://bouldercolorado.formstack.com/forms/mj_energy_offset_selection_form
Please note: Windsource subscriptions or purchases from Renewable Energy Choice or any other third party offset program will no longer comply towards satisfying this
requirement! You are welcome to continue participation in these other programs, but please understand that this will not satisfy the energy offset requirement.
If you elect to comply by the following:
• installing on-site renewable energy generations or subscriptions in a Community Solar Garden, you must provide proof of this to the
city. Please contact me for further verification information.
• opting into the City of Boulder Energy Impact Offset Fund, you will be invoiced for 2016 electricity use (July) and then in 2017 you will be
invoiced on a quarterly basis (September for Jan - June) for the amount of electricity your facility used.
• through a combination of the above, you must provide proof of each option.
Please do not hesitate to reach out and contact me with any questions regarding these two energy requirements.
Thank you,
Elizabeth Vasatka
City of Boulder
Sustainability Coordintor
1101 Arapahoe, First Floor
Boulder, CO 80306
(o) 303-441-1964
vasatkae@bouldercolorado.gov
www.bouldercolorado.gov
Mishawn J. Cook
License Administrator
Certified Municipal Clerk
O: #303-441-3010
cookm@bouldercolorado.gov
Finance Department
1777 Broadway | Boulder, CO 80302
Bouldercolorado.gov
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Title:
Company/Organization: Date:
Phone: Email:
Mailing Address:
Examples of when the current Code/Rule has caused a problem (please provide real world examples):
Explain how the change would affect/benefit the Industry:
Explain how the change would affect/benefit the City organization:
Explain how the change would affect/benefit the Public:
List any documents you have provided which support the proposed change:
Skinny Pineapple Inc ; dba The Farm
compliance@thefarmco.com
3100 Arapahoe Avenue Suite #450 ; Boulder CO 80303
Name:
Compliance Department Compliance
August 02, 2017
586-489-9633
Suggested Wording for Change:
N/A
Basic Justification for Suggested Change:
BRC or City Manager Rule suggested amendment with Legal Citation/Chapter/
Section: 6-16-2 - Add definition for "minimal cost" OR City manager rule.
6-16-2 - Minimal cost -
"Minimal cost" shall be defined as the cost that the marijuana business paid to acquire the item or
product in question. If the product is produced by the same marijuana business that is selling it,
"minimal cost" shall refer to the cost of production of the product.
Minimal cost is used in the code, but not defined.
We have had to create our own definition for "minimal cost" and are uncertain if it aligns with
the Citys intent for "minimal cost"
Greater understanding and clarity will ensure the industry is complying with Boulder City Regulations
This change would allow the city to clarify what they mean by "minimal cost", ensuring businesses
are compliant
When the City & Industry are aligned in their understanding of the regulations, all will benefit.
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Company/Organization: Date:
Email:
Mailing Address:
Skinny Pineapple Inc ; dba The Farm
compliance@thefarmco.com
3100 Arapahoe Avenue Suite #450 ; Boulder CO 80303
Name: compliance department Title:
compliance
August 02, 2017
Phone:
586/489-9633
Boulder Revised Code/City Manager Rule suggested amendment with Legal Citation/Chapter/Section:
6-16-5 (a)(16), 6-14-5 (a)(15)
PERMANENT MODIFICATION CHECKLIST OF REQUIRED DOCUMENTS FOR MEDICAL MARIJUANA
BUSINESS (MMB) AND FOR RECREATIONAL MARIJUANA BUSINESS (RMB) CITY LICENSES
Basic Justification for Suggested Change:
City officials are required to conduct inspections upon issuance of building permits, and require pre & post Industrial Hygienist reports. Those inspections, along with
minor modification applications, could be sufficient documentation and examination to inform licensing prior to the required renewal inspections.
Businesses need to be able to modify and improve their processes at will in order to keep up with the competitive environment of cannabis production, and need to be
readily able to upgrade, update or change their HVAC & electrical systems in order to maintain comfortable & safe work environments.
We have concerns with multiple items on the City of Boulder's Permanent Modification Chart and have attached a version of what the modification chart could look
like.
Suggested Wording for Change:
All modifications at all facility types are minor modifications, with the exception of structural or square footage changes and/or adding a new
solvent to a process at a MIP.
6-16-5 (a)(16)/6-14-5(a)(15) "Modifications to Approved Recreational Marijuana Business License. Prior to making a modification of a marijuana
business that would require a building permit or change items required by subsections (6), (7) or (12) of this subsection (a), the licensees shall
submit to the city and have approved, when necessary, a complete application for modification of premises in the form provided by the city."
Explain how the change would affect/benefit the Industry:
This change would allow for a more immediate correction of health and safety concerns.
It would also result in a more streamlined way to keep up with the ever changing and evolving industry. If your business isn't flexible and
able to pivot, you will get left behind.
Explain how the change would affect/benefit the Public:
Better use of City tax dollars.
This change would also allow for a more immediate correction of health and safety concerns.
List any documents you have provided which support the proposed change:
We have included the following documents for reference:
•A revised draft modification chart for your consideration
•A document outlining our reasoning for changes made to the draft modification chart
•A document outlining the "typical Boulder modification process"
Explain how the change would affect/benefit the City organization:
Less burden on the marijuana enforcement team. City resources and time could be better spent elsewhere. These minor changes to
marijuana facilities could easily be addressed at the time of the renewal inspection.
This change would also allow for a more immediate correction of health and safety concerns.
Examples of when the current Code/Rule has caused a problem (please provide real world examples):
Several industry-wide examples could be shown upon request to illustrate impractical timelines and cumbersome inspection criteria.
HVAC system modifications that improve the environment and odor-mitigation should be streamlined to ensure a safe & comfortable
environment.
Another example includes updates to the fire code involving replacing surge protectors with hard-wired outlets to improve safety.
Overall – We request that all modifications at all facility types are considered minor modifications, with the
exception of structural or square footage changes and/or adding a new solvent to a process at a MIP.
We propose combining the charts into one document that applies to all MJ facility types.
Below are specific issues we see from the Permanent Modifications Chart for Marijuana Businesses.
"SOP change that does not require review by industrial hygienist" is currently a minor modification for a MIP.
This should be removed and considered a non-modification, as a simple SOP change should not require an
application and fee. Examples of minor SOP updates would be using Teflon-coated parchment paper rather
than non-coated parchment paper; a modification in label printing process, etc.
“New or change to equipment (HVAC, irrigation) with no effect on operation plan, floor plan, security plan or IH
plan” is a major MIP modification. This is too restrictive. A change to HVAC or irrigation that doesn’t change any
of the plans mentioned above should not require a major modification. Additionally, HVAC issues could result in
worker safety concerns that need to be addressed immediately and cannot wait on a major modification.
"Removing a safe" should be a non-modification. We understand the City may want to verify that new safes are
being captures on camera, but they should not need to inspect the removal of a safe. An updated facility
diagram should still be produced and sent to CoB licensing as soon as the safe is removed.
“Window replacement” should be a non-modification, as long as it's only a replacement and not a change to
the size of the window or anything else that would require a structural change. If our window is broken into or
vandalized, we need to be be able to act quickly to replace it, and not be help up by the Major Modification
process.
Typical MIP Modification Process in Boulder
Task Timeline
Compile Modification Paperwork and determine all procedures,
equipment, components and diagrams. Including:
-Pre Industrial Hygienist Report
-Label and Packaging needs
3 weeks
Setup appointment with Local Licensing to submit and discuss 1 week lead time
Building Permit Review Process 30-45 days
Receive Building Permits and start work Varies – 1 week to 4 weeks
typically
Schedule and hold final Building Permit Inspections 1 week
Schedule and hold final Local Licensing and Industrial Hygienist
Inspections
1-2 weeks
Receive Approval and get MED Application Signed 3 business days
Submit MED Modification Application and receive approval 2 business days
Start R&D Testing (if necessary) 2-4 weeks
Send to Market 18 weeks without R&D
22 weeks with R&D
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Company/Organization: Date:
Email:
Mailing Address:
Suggested Wording for Change:
Explain how the change would affect/benefit the Industry:
Explain how the change would affect/benefit the Public:
List any documents you have provided which support the proposed change:
Skinny Pineapple Inc ; dba The Farm
compliance@thefarmco.com
3100 Arapahoe Avenue Suite #450 ; Boulder CO 80303
Name:
Compliance Department
Title:
Compliance
August 02, 2017
Phone:
586/489-9633
BRC or City Manager Rule suggested amendment with Legal Citation/Chapter/Section:
6-16-8 (j)(2) - Remove the limit on product storage at a MIP.
Remove 6-16-8 (j)(2) from the BRC.
Basic Justification for Suggested Change:
This limit only exists in the recreational marijuana regulations, not medical. Co-located facilities have to abide by the recreational
regulations, which creates further complications. We are uncertain what purpose this limit serves. We can see no clear way that this
benefits the City or it's residents, however, it does cause operational issues for our MIP and results in more instances of marijuana
transport in Boulder City. With the City's requirement to store all finished product in safes, we do not foresee any way that the facility
would become "over-saturated" with cannabis/cannabis products.
Explain how the change would affect/benefit the City organization:
There would be fewer manifests for the City to track & store.
Examples of when the current Code/Rule has caused a problem (please provide real world examples):
We often have to make numerous small trips from our OPCs to our MIP to transport trim. If we did not have the limit of product at MIP,
we could take fewer, larger trips without worrying about going over the limit. Additionally, space is a concern at our OPC facilities and if
the MIP has reached their limit of product, we cannot move trim from our OPC to our MIP, freeing up much needed space.
This change would allow us to increase operational efficiencies.
This change would result in fewer cars on the road delivering marijuana between facilities.
N/A
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Title:
Company/Organization: Date:
Phone: Email:
Mailing Address:
Explain how the change would affect/benefit the Industry:
List any documents you have provided which support the proposed change:
Skinny Pineapple Inc ; dba The Farm
compliance@thefarmco.com
3100 Arapahoe Avenue Suite #450 ; Boulder CO 80303
Name:
Compliance Department Compliance
August 02, 2017
586-489-9633
BRC or City Manager Rule suggested amendment with Legal Citation/Chapter/Section:
-Edit 6-16-8 (p)(3) & 6-14-8(p)(4)
-Edit 6-16-2 & 6-14-2 definition of "Promotional Items"
Suggested Wording for Change: -Edit 6-16-8 (p)(3) & 6-14-8(p)(4) to read: "No marijuana business shall distribute or allow the distribution of any marijuana without charge within a marijuana
business or any place open to the public. Promotional items may be distributed only within the licensed premises or at an adult event."
- Edit 6-16-2 & 6-14-2 "Promotional Items" to read "Promotional items means any item without a secondary purpose beyond advertising, that contain the
name and or logo of a marijuana business and are distributed for free. Promotional items include stickers and similar items that are intended to expose others
to the name or logo of a particular business."
N/A
Basic Justification for Suggested Change:
Traditional marketing efforts include and rely heavily on providing promotional items to potential
guests to increase business and build relationships. This prohibition on promotional items is too
far-reaching and limiting. Boulder alcohol businesses are able to provide these types of items.
Examples of when the current Code/Rule has caused a problem (please provide real world examples): At adult
events, most (non-Boulder) marijuana businesses are able to provide promotional items to help promote &
seek out new business opportunities. Since our only business is in Boulder, and we are unable to utilize this
common practice we are at a disadvantage to all businesses with at least one dispensary outside Boulder.
Clarity will allow for the ability to operate in ways more similar to marijuana businesses outside of
Boulder City limits.
Explain how the change would affect/benefit the Public:
The public would be able to experience a similar level of guest service in Boulder marijuana
businesses as they can outside of Boulder.
Explain how the change would affect/benefit the City organization:
The potential for greater sales could result in more tax for the City.
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Company/Organization: Date:
Email:
Mailing Address:
Explain how the change would affect/benefit the Public:
Skinny Pineapple Inc ; dba The Farm
compliance@thefarmco.com
3100 Arapahoe Avenue Suite #450 ; Boulder CO 80303
Name:
compliance department
Title:
Compliance
August 02, 2017
Phone: 586/489-9633
BRC or City Manager Rule suggested amendment with Legal Citation/Chapter/Section:
6-16-2 / 6-14-2 - edit definition of Cultivation Facility to allow for water-based concentrate production.
Add requirement for concentrate to be produced in an area separate from the cultivation space. (See R505 A&B - attached)
Add requirement for Industrial Hygienist to approve concentrate production before production may commence.
Add license type "OPC + Water-Based Concentrate Production"
Suggested Wording for Change:
6-16-2 / 6-14-2 - definition of Cultivation Facility in both the Medical and Recreational codes -"Except as included in this
definition, a cultivation facility may not operate any production other than water-based concentrate on its premises."
For other additions requested above, please reference the language used in R505 A&B (attached)
Basic Justification for Suggested Change:
The state allows for water-based concentrate production at an OPC/Cultivation Facility
(includes water, ice, or dry ice - See R 505, M 506, R 103, & M 103)
Water-based concentrate production does not carry the same risk as solvent or food-based concentrate production. The
City's requirement of an Industrial Hygienist report would prevent unsanitary procedures and incorrect equipment being
used.
List any documents you have provided which support the proposed change:
R 505 from the state regulations is attached to show how the state regulates water-based
concentrate production at a grow.
Less cars on the road transporting marijuana.
Explain how the change would affect/benefit the City organization:
Less transport manifests to track and store.
Explain how the change would affect/benefit the Industry:
This change would result in closer alignment with the State code and allow for greater operational
flexibility. It would result in fewer transports of marijuana needing to happen, since flower grown at an OPC
could then be extracted at that same location. (instead of being moved to a MIP/MMIP, then extracted,
then moved to a dispensary)
Examples of when the current Code or Rule has caused a problem (please provide real world
examples):
This regulation creates business inefficiencies, results in unnecessary product transpots, and puts
Boulder businesses at a competitive disadvantage.
98
CODE OF COLORADO REGULATIONS
Marijuana Enforcement Division
1 CCR 212-2
Basis and Purpose – R 505
The statutory authority for this rule is found at subsections 12-43.4-202(2)(b), 12-43.4-202(3)(a)(VIII), 12-
43.4-202(3)(a)(XI), and 12-43.4-2-2(3)(b)(IX), and sections 12-43.4-403 and 12-43.4-405, C.R.S. The
purpose of this rule is to establish the categories of Retail Marijuana Concentrate that may be produced
at a Retail Marijuana Cultivation Facility and standards for the production of Retail Marijuana
Concentrate.
R 505 – Retail Marijuana Cultivation Facilities: Retail Marijuana Concentrate Production
A.Permitted Production of Certain Categories of Retail Marijuana Concentrate. A Retail Marijuana
Cultivation Facility may only produce Water-Based Retail Marijuana Concentrate on its Licensed
Premises and only in an area clearly designated for concentrate production on the current
diagram of the Licensed Premises. See Rule R 901- Business Records Required. No other
method of production or extraction for Retail Marijuana Concentrate may be conducted within the
Licensed Premises of a Retail Marijuana Cultivation Facility unless the Owner(s) of the Retail
Marijuana Cultivation Facility also has a valid Retail Marijuana Products Manufacturing Facility
license and the room in which Retail Marijuana Concentrate is to be produced is physically
separated from all cultivation areas and has clear signage identifying the room.
B.Safety and Sanitary Requirements for Concentrate Production. If a Retail Marijuana Cultivation
Facility produces Retail Marijuana Concentrate, then all areas in which the Retail Marijuana
Concentrate are produced and all Owners and Occupational Licensees engaged in the
production of the Retail Marijuana Concentrate shall be subject to all of the requirements imposed
upon a Retail Marijuana Products Manufacturing Facility that produces Retail Marijuana
Concentrate, including all general requirements. See Rule R 604– Health and Safety Regulations:
Retail Marijuana Products Manufacturing Facility and Rule R 605 – Retail Marijuana Products
Manufacturing Facility: Retail Marijuana Concentrate Production.
C.Possession of Other Categories of Retail Marijuana Concentrate.
1.It shall be considered a violation of this rule if a Retail Marijuana Cultivation Facility
possesses a Retail Marijuana Concentrate other than a Water-Based Retail Marijuana
Concentrate on its Licensed Premises unless the Owner(s) of the Retail Marijuana
Cultivation Facility also has a valid Retail Marijuana Products Manufacturing Facility
license.
2.Notwithstanding subparagraph (C)(1) of this rule R 505, a Retail Marijuana Cultivation
Facility shall be permitted to possess Solvent-Based Retail Marijuana Concentrate only
when the possession is due to the transfer of Retail Marijuana flower or trim that failed
microbial testing to a Retail Marijuana Products Manufacturing Facility for processing into
a Solvent-Based Retail Marijuana Concentrate, and the Retail Marijuana Products
Manufacturing Facility transfers the resultant Solvent-Based Retail Marijuana
Concentrate back to the originating Retail Marijuana Cultivation Facility.
a.The Retail Marijuana Cultivation Facility shall comply with all requirements in rule
R 1507(B.1) when having Solvent-Based Retail Marijuana Concentrate
manufactured out of Retail Marijuana flower or trim that failed microbial testing.
b.The Retail Marijuana Cultivation Facility is responsible for submitting the Solvent-
Based Retail Marijuana Concentrate for all required testing for contaminants
pursuant to rule R 1501 – Retail Marijuana Testing Program – Contaminant
Testing, for potency pursuant to rule R 1503 – Retail Marijuana Testing Program
– Potency Testing, and any other testing required or allowed by the Retail
Marijuana Rules or Retail Marijuana Code.
99
CODE OF COLORADO REGULATIONS
Marijuana Enforcement Division
1 CCR 212-2
c.Nothing in this rule removes or alters the responsibility of the Retail Marijuana
Cultivation Facility transferring the Retail Marijuana that failed microbial testing
from complying with the requirement to pay excise tax pursuant to rule R 502(E).
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Name: City MJ Enforcement Team Title: N/A
Company/Organization: City of Boulder Date: 7.27.17
Phone: 303-441-4192 Email:
LicensingOnline@bouldercolorado.gov
Mailing Address: City Licensing Office, 1777 Broadway, Boulder, CO 80302
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section: 6-14-8(p)(1)(A) and 6-15-8(p)(1)(A)
Suggested Wording for Change: “. . . identifying the location and hours of operation of the
(fill in retail MJ center (in 6-16)/medical marijuana dispensary (in 6-14)). . . “
Basic Justification for Suggested Change: Request of marijuana businesses and to comply
with how the sign limitation has been enforced.
Examples of when the current Code or Rule has caused a problem (please provide real
world examples): Hours of operation is a normal business sign component.
Explain how the change would affect/benefit the Industry: Helpful to the business for that
information to be on the sign.
Explain how the change would affect/benefit the City organization: Make the code
consistent with the enforcement policy.
Explain how the change would affect/benefit the Public: Helpful to the public for hours to
be on the sign.
List any documents you have provided which support the proposed change: None, unless
you want to put examples of what is appropriate.
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Name: City MJ staff team Title: N/A
Company/Organization: City of Boulder Date: 7-27-17
Phone: 303.441.4192 Email: licensingonline@bouldercolorado.gov
Mailing Address: Marijuana Licensing, Municipal Bldg., PO Box 791, Boulder, Co 80306
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section: 6-14-10(c) and 6-16-10(c)
Suggested Wording for Change: Add a sentence to the end of the existing paragraph: If the business
elects to install a panic alarm, it must have a land telephone line.
Basic Justification for Suggested Change: If the location receives a panic alarm alert, the first
response is to call the business to determine whether it was a false alarm or the situation inside the
business. A land line is required at the location of the business so that the people so the police can
contact the person who pushed the alarm by phone.
Examples of when the current Code or Rule has caused a problem (please provide real world
examples): A panic alarm has been received, but the only phone numbers available to dispatch are
the cell phone numbers of the owners. Because the police cannot see into a marijuana business
from the outside, the police cannot safely enter the business not knowing if there are one or several
people threatening, weapons involved, or a hostage situation or otherwise. The police need to have
the ability to communicate with whoever is inside by telephone in order to respond to a panic alarm.
Explain how the change would affect/benefit the Industry: The businesses could receive effective
timely response to a legitimate use of a panic alarm.
Explain how the change would affect/benefit the City organization: Some of the risks to City police
responding to a panic alarm would be reduced, and the primary means of investigating the cause of
a panic alarm would be enabled.
Explain how the change would affect/benefit the Public: Reducing the risk to the business and the
responding police officers also reduces the risk to the public.
List any documents you have provided which support the proposed change: None
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Name: City MJ staff team Title: N/A
Company/Organization: City of Boulder Date: 7.27.17
Phone: 303.441.4192 Email:
LicensingOnline@bouldercolorado.gov
Mailing Address: Marijuana Licensing, Municipal Bldg., PO Box 791, Boulder, Colorado
80306
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section: 6-14-13(a) new and 6-16-13(a) new subsection
Suggested Wording for Change: a) Prohibited Acts. It shall be unlawful for any person to:
. . .
(45) Allow marijuana odor to be detected outside of the premises in which the marijuana
is located.
Basic Justification for Suggested Change: To make clear for the public and to prosecute
violations of what the violation is.
Examples of when the current Code or Rule has caused a problem (please provide real
world examples): Whether a premise is licensed or not, neighbors are affected by, and
expect the city to control, marijuana odors outside of a premise.
Explain how the change would affect/benefit the Industry: Help discern the location of
marijuana odor whether from a licensed business or not.
Explain how the change would affect/benefit the City organization: Facilitate
enforcement of the biggest citizen complaint about marijuana.
Explain how the change would affect/benefit the Public: Allow for clear enforcement of
citizen complaints of marijuana odor.
List any documents you have provided which support the proposed change: None
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Name: City MJ Staff team Title: N/A
Company/Organization: City of Boulder Date: 7.27.17
Phone: 303.441.4192 Email:
licensingonline@bouldercolorado.gov
Mailing Address: Marijuana Licensing, Municipal Bldg., PO Box 791, Boulder, Colorado
80306
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section: 6-14-13(a) new and 6-16-13(a) new subsection
Suggested Wording for Change: (a) Prohibited Acts. It shall be unlawful for any person to:
. . .
(44) Sell marijuana to a person under 21 years of age without a marijuana business
license. It shall be an affirmative defense if the marijuana is sold from a (a) medical
marijuana dispensary that is not co-located, and (b) the person has a patient card from
the Colorado Department of ___________, and if the patient is under 18, is accompanied
by a parent.
Basic Justification for Suggested Change: There is not a specific violation in either code for
sale to a person not allowed to purchase marijuana.
Examples of when the current Code or Rule has caused a problem (please provide real
world examples):
Explain how the change would affect/benefit the Industry: Make it more clearly for
prosecution of people that sell to minors in violation of the law.
Explain how the change would affect/benefit the City organization: Identify the specific
violation and the affirmative defenses.
Explain how the change would affect/benefit the Public: Fewer resources would be
required to prosecute a person selling to a minor and the public will know when they are
violating the law.
List any documents you have provided which support the proposed change: None
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Name: City Licensing Office Title: N/A
Company/Organization: City of Boulder Date: 7/28/2017
Phone: 303-441-4192 Email: LicensingOnline@bouldercolorado.gov
Mailing Address: 1777 Broadway, Boulder, CO 80302
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section:
Medical Marijuana Businesses, 6-14-15(b) and new (7) added and current (7) and (8) renumbered as
(8) and (9)
Recreational Marijuana Businesses, 6-16-15 (b) and new (7) added and current (7) and (8)
renumbered as (8) and (9)
Medical Marijuana license fees, 4-20-64- new (i) added
Recreational Marijuana license fees, 4-20-67- new (11) added
Suggested Wording for Change:
6-14-15(b) (7) “the renewal application shall include a list of all of the current city keyholders who
are employed at the licensed location which is to be renewed”
6-16-15(b)(7) “the renewal application shall include a list of all of the current city keyholders who are
employed at the licensed location which is to be renewed”
4-20-64 (i) “city keyholder confirmation list…$100.00”
4-20-67 (11) “city keyholder confirmation list…$100.00”
Basic Justification for Suggested Change:
Recently City Licensing is receiving requests from MJ licensees for us to confirm the names of city
keyholders for them. Often when the city provides this information, the MJ licensee will report that
several employees have left which we have on record. These requested lists take a couple hours to
complete, including reviews of license files, licensing databases, and spreadsheets to make sure that
we have provided a complete list. The hope is, with requirement that the licensee confirm each year
at renewal time, that MJ licensees will maintain more complete records, that they will inform the
city more promptly of departing employees, and that when City Licensing provides such a
confirmation list, that we may defray the staff cost devoted to completing these requests.
Examples of when the current Code or Rule has caused a problem (please provide real world
examples): When City Licensing completes reviews of applications and databases to provide city
keyholder lists, our staff is then not working on pending keyholder applications, license renewal
applications, or any of the other seven license types that our staff is responsible for.
Explain how the change would affect/benefit the Industry: City Licensing believes that this would
assist in a once a year update of the MJ licensee’s records in house.
Explain how the change would affect/benefit the City organization: Staff time which the city spends
would be defrayed and would have more complete renewal records.
Explain how the change would affect/benefit the Public: City records for Marijuana Business
licenses, a highly regulated industry, would be more complete.
List any documents you have provided which support the proposed change:
None
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments:
Name: City of Boulder Licensing Office Title: N/A
Company/Organization: City of Boulder Date: 7/28/2017
Phone: 303-441-4192 Email: LicensingOnline@bouldercolorado.gov
Mailing Address: 1777 Broadway, Boulder, CO 80302
Boulder Revised Code or City Manager Rule suggested amendment with Legal
Citation/Chapter/Section:
For Medical Marijuana Business, disclosure of Financiers in 6-14-5(a)(2)(B)
For Recreational Marijuana Business, disclosure of Financiers in 6-16-5(a)(2)(B)
4-20-64 (g) as to Medical Marijuana Businesses, and
4-20-67 (8) as to Recreational Marijuana Businesses.
Suggested Wording for Change:
6-14-5 (a)(2)(B) “All financiers of the medical marijuana business shall be disclosed. In the instance of
a group financier arrangement, such as an investment fund or limited partnership, the City of
Boulder shall review and receive all necessary information for the fund manager, managing member,
or general partner who controls investment decisions and rate/time of returns”
6-16-5(a)(2)(B) “All financiers of the recreational marijuana business shall be disclosed. In the
instance of a group financier arrangement such as an investment fund or limited partnership, the
City of Boulder shall review and receive all necessary information for the fund manager, managing
member, or general partner who controls investment decisions and rate/time of returns”
4-20-64 (g): “Business entity changes or addition of financiers…$750.00”
4-20-67 (8): “Business entity changes or addition of financiers…$750.00”
Basic Justification for Suggested Change: Recently City Licensing has received an increase in in-state
and out of state financing from investment funds, where there may be 20 to 30 individual investors,
but only one or two persons who can make decisions about the offered investment. While it seems
prudent to know who all of the underlying individual investors, it seems sufficient to only do detailed
vetting on the investment fund managers who can control the investment. If this change is made,
then the current fee can be reduced and we can still fully defray the review cost.
Examples of when the current Code or Rule has caused a problem (please provide real world
examples): Staff hours are finite so we want to devote those resources to reviews of fund managers,
owners, officers, managing members, and consultants who will influence the compliance
environment of our licensed MJ businesses.
Explain how the change would affect/benefit the Industry: The new and lower fee should fully
defray staff time spent.
Explain how the change would affect/benefit the City organization: The fee collected should fully
defray staff time spent which is our charge from City Council.
Explain how the change would affect/benefit the Public: The public should still not need to
subsidize the staff work done on these type of MJ licensing changes
List any documents you have provided which support the proposed change: None
City Response and Comments:
____ To be submitted for consideration by Marijuana Advisory Panel
____ To be submitted for consideration by marijuana business working sub-group
_____ Denied (i.e. conflicts with state law, exceeds funding or resources limit, needs additional
clarification or justification, etc) (see Comments below)
Comments: