HomeMy WebLinkAbout1101 - CONFIRMING the intent of the City to pay defense costs for any employee charge...lation of Federal Law for implementing or enforcing the City's Medical Marijuana laws
RESOLt1TION NO. 1101
A RESOLUTION OF THE BOULDER CITY COIJNCIL
CONFIRMING THE INTENT OF THE CITY TO PAY THE
DEFENSE COSTS FOR ANY EMPLOYEE CHARGED WITH A
VIOLATION OF FEDERAL LAW FOR IMPLEMENTING OR
ENFORCING TIIF, CITY'S MEDICAL MARIJUANA LAWS.
WHEREAS, the Colorado State Constitution precludes state law prosecution of
individuals using medical marijuana for medical purposes;
WHEREAS, the State of Colorado has enacted a comprehensive regulatory scheme for
medical marijuana that depends on local community regulation;
WHEREAS, the City of Boulder has implemented state law by adopting its own
regulatory approach to protect the community while providing access to medical marijuana by
those in need;
WHEREAS, the United States Department of Justice has stated that implementation and
enforcement of state or local medical marijuana laws is not a defense to civil or criminal
prosecution for violation of federal laws regarding marijuana;
WHEREAS, the City of Boulder desires its employees to regulate medical marijuana
businesses without worrying about potential civil and criminal liability created by the conflict
between federal and state laws; and
WHEREAS, the City of Boulder affirms its commitment to support its employees,
including when they are implementing and enforcing the city's and the state's medical marijuana
laws, by affirming its intent to defend such employees when acting in their official capacities as
employees of the city.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI-JNCIL OF THE CITY
OF BOULDER, COLORADO:
The City of Boulder will defend any employee charged with violating federal law while
acting within the scope of employment when implementing or enforcing the medical marijuana
laws of the city or of the state.
APPROVED this 6t' day of September, 2011.
1r ,
ayor
ATTEST:
City Clerk on behalf of the
Director of Finance and Record