[BoulderCouncilHotline] Nod of Five - Marijuana Penalty Schedule

[Young, Mary]

Dear Colleagues,

Thank you for placing my request for a nod of five regarding marijuana schedule of penalties and thank you staff for the memo outlining alcohol and marijuana penalty schedules. The marijuana business is dynamic and unlikely to reach a steady state any time soon. Laws at the state level are rapidly evolving to reflect ongoing learning, experience and changes in the business environment. Our municipal laws should do the same.

This Hotline memo lays out policy items that need consideration, it is not an agenda for discussion items at the nod of five. Below are options for each item to help move along the discussion:
Options: a) direct staff to change ordinances, b) direct MAP to recommend solution, c) wait for MAB to be seated

In addition to the schedule of penalties for which the nod of five was requested, following are items that should be addressed by the city of Boulder, sooner rather than later.
1. Current ordinances do not allow non-conforming marijuana businesses to continue (unless they happened to be part of the 2017 annexation agreements) in the same way as, for example, the businesses that have rotated through the building that currently houses the Alpine Modern Cafe. Addressing this could consist of a code change that mirrors the 2017 annexation agreements, i. e. in medical marijuana under 6-14-7-f and in recreational marijuana under 6-16-7-e adding language of 9-10-2-a.
2. Current enforcement of fake I.D.s does not conform to state statutes, causing "strikes" that are carried in perpetuity against businesses, regardless of ownership.
3. The process for conducting background checks on publicly traded companies is currently impossible as it requires all owners to undergo background checks. This could be simplified to require background checks on only majority stakeholders.
4. As stated above in intro above, state laws are rapidly evolving. For example, home delivery of medical marijuana is being considered in this state legislative session. Legislation is also being considered at the national level. State and federal changes should be anticipated at the local level. This is one important and critical reason for a Marijuana Advisory Board.
5. Establishment of a Marijuana Advisory Board will take time and is already in review by a MAP sub-committee. A subset of the Marijuana Advisory Panel could perform the function while a MAB charter is defined, candidates apply and interview and a board is seated. According to the MAP minutes we received last night, the MAP has recommended an extension of the charter to address issues that come up until determination of a Marijuana Advisory Board.

As we can see, the list is growing. We do not want to go back to 2013 when marijuana businesses were constantly before council asking for legislative relief on issues with ordinances they discovered in practice. That approach burdened the community, staff and council and is the reason that the MAP was established in the first place.

Thank you.

Mary Dolores Young
Boulder City Council
303-501-2439

"All ethics . . . rest upon a single premise: that the individual is a member of a community of interdependent parts . . ." - Aldo Leopold

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