Medical Marijuana

Background

Fort Collins City Council has been working since last December to create and finalize regulations related to Medical Marijuana Businesses. Regulatory ordinances that have been passed are listed below. Downloadable documents:

• Ord. No. 25 Licensing regulations
• Ord. No. 26 Land Use Code addressing MMB uses and zoning
• Ord. No. 45 Land Use Code allowing additional zones for cultivation facilities
• Ord. No. 46 Amendments to licensing ordinance
• Ord. No. 47 Amendments clarifying "existing businesses"
• Ord. No. 69 Amendment clarifying "Same Ownership" requirement

Key Elements of the Ordinance

• MMBs that are currently operating and have a City sales tax license will have until June 30, 2010 to submit a business license application. Those businesses will receive a mailing outlining the process. The application will be available starting April 15, 2010.
• Business license applications must be made in the same business and owner name in which the City sales tax license is held.
• The initial application fee is $500. Once the applicant, their investors, and the MMB location meet approval a $700 fee will be due to acquire the actual license.
• Those wanting to start a medical marijuana business who are not currently an "existing business" will not be able to do so until after July 1, 2011 as determined by HB-1284.
• Individual patients and caregivers with only one patient are not considered to be a medical marijuana business. These individuals can have up to 12 plants in a residential dwelling unit. No more than six may be mature at any one time. No more than 12 plants can be grown in a residential dwelling unit regardless of the number of patients living in the unit.

Updates - September 2010

• The City of Fort Collins had 36 Medical Marijuana Businesses submit application by the June 30, 2010 deadline.
• Those applications continue to be processed and those that meet all criteria will be issued provisional licenses.
• For those businesses that do not meet the separation requirements, a "grandfathering" decision by City Council has been delayed until it is fully determined how many meet both local and State requirements. This decision could be postponed into 2011.
• The City will not take any new applications until July 2011 at the earliest.

Application Materials

Please refer to the Application Checklist for a complete list of all documents required as a part of an application for a medical marijuana business license. Substitute forms will not be accepted. Please use forms provided.

• Application Checklist (PDF 22 KB, Revised May-26-2010)
• Medical Marijuana Business License Application (PDF 28 KB, Revised May-26-2010)
• Cultivation Facility Disclosure (PDF 17 KB, Revised May-26-2010)
• Disclosure of Facilities to be Used in Furtherance of Medical Marijuana Business (PDF 12 KB, Revised May-26-2010)
• Authorization and Consent to Release Information (Business) (PDF 12 KB, Revised May-26-2010)
• Background Investigation Questionnaire (PDF 22 KB)
• Authorization and Consent to Release Information (Individual) (PDF 12 KB, Revised May-26-2010)
• Authorization To Use Property For A Medical Marijuana Business (PDF 14 KB)

Appointments are available May 27-June 9. Additional dates will be added as needed. Please contact the City Clerk's Office at 221-6515 to schedule an appointment.

Important Dates

Zoning and Separations:

Medical marijuana dispensaries are allowed in the following seven zone districts:

• Commercial District (C)
• Community Commercial-North College District (CCN)
• Community Commercial-Poudre River District (CCR)
• Community Commercial District (CC)
• Downtown District (D)
• River Downtown Redevelopment District (RDR)
• Service Commercial District (CS)

Dispensaries must meet the following separation requirements:

• 1000 feet from primary and secondary schools
• 1000 feet from another MMB
• 500 feet from universities, childcare centers, places of worship, recreation areas, rehabilitation facilities, and residential zoning boundaries

Cultivation facilities are allowed in the following zone districts:

• Industrial District (I)
• Services Commercial District (CS)
• Community Commercial-North College District (CCN)
• River Downtown Redevelopment District (RDR)
• Limited Commercial (CL) non-Riverside

Dispensaries and Cultivation Faciliteis may be co-located in the following zone districts:

• Services Commercial District (CS)
• Community Commercial-North College District (CCN)
• River Downtown Redevelopment District (RDR)

Please check back frequently as this website will be updated as information and materials become available.

Frequently Asked Questions

How do I comply with the ordinance?

As of March 26, 2010 existing dispensaries should be complying with all operational items in the ordinance. These include:

• Hours of operation may only be between 8 a.m. and 8 p.m.
• No on-site consumption allowed.
• No more than 2oz may be sold to any one patient in a 7 day period.
• Detailed record keeping.
• Signage should include the word "medical" if the word marijuana or equivalent reference is used.
• Signage must also comply with the sign regulations contained in the Land Use Code and a sign permit will need to be obtained from the Zoning Department.

When will the application be available?

April 15, 2010. If it is ready before this date, it will be posted on this site.

How much will an MMB license cost?

The license fee will be in two parts. The initial fee is $500. Once the applicant, their investors, and their location meet all requirements there will be a $700 fee for the actual license. The license will need to be renewed annual at the $700 cost.

I have an MMB and plan to stay in my existing location. What do I need to do?

You will need to file an application and pay the $500 fee by June 30, 2010.

I have an MMB and want to change my location. What do I need to do?

You will need to file an application and pay the $500 fee by June 30, 2010. Your new location must meet all the zoning and separation requirements.

I am operating an MMB in my home. What should I do?

The ordinance does not allow MMBs to be in residential homes. If you care for more than one patient you will need to submit an application by June 30, 2010. You will also need to remove all plants and inventory from your home by July 14 if you do not file an application or within 10 days of either having your application approved for a provisional license or having your application denied.

My existing MMB does not meet the zoning and spacing requirements. What should I do?

You will need to file an application and pay the $500 fee by June 30, 2010. If you choose to move your location you will need to meet all the zoning and separation requirements. If you stay and you meet all the other requirements you will be issued a provisional license. In September 2010, City Council will make a decision regarding grandfathering these MMBs.

Can I grow in my dispensary?

Dispensaries may co-locate with a cultivation facility in the following 3 zones: Services Commercial District (CS) Community Commercial-North College District (CCN) River Downtown Redevelopment District (RDR).

I want to start an MMB. What should I do first?

If you are not currently operating an MMB and if you do not have a City sales tax license for an MMB, you cannot apply at this time. In September 2010, City Council will make a decision regarding grandfathering currently existing MMBs. Only after that decision is made will new licenses be accepted.

I have a City sales tax license. Can I open a dispensary?

If your sales license is for a business other than a dispensary you may not apply for an MMB license until after City Council makes a grandfathering decision. Only businesses that can provide proof that they have paid sales tax for sales of medical marijuana prior to March 26, 2010 are eligible to apply for a business license at this time.