HomeMy WebLinkAboutagenda.council.worksession.20241118AGENDA
CITY COUNCIL WORK SESSION
November 18, 2024
4:00 PM, City Council Chambers
427 Rio Grande Place, Aspen
I.Work Session
I.A Psilocybin / Proposition 122 Law Update
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Memo Re Natural Medicine Final.docx
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MEMORANDUM
TO:City Council
FROM:Luisa Violet Sondie Berne, Assistant City Attorney
THROUGH:Jim True, City Attorney
MEMO DATE:November 13, 2024
RE:Senate Bill 23-290 - Proposition 122 - Natural Medicine Health Act
2022
Issue presented:
Does the City of Aspen wish to impose its own time, place, and manner restrictions on Natural
Medicine licensed facilities as defined in the Natural Medicine Heath Act of 2022 ?
Overview of Natural Medicine Heath Act of 2022
Proposition 122 - Natural Medicine Health Act 2022 (“the Act”) was passed by voters in 2022.
The Act legalized the of the use, cultivation, manufacture, storage, transportation and dispensing
of “Natural Medicine.” Colorado Senate Bill 23-290 amended the Act and created a regulatory
and licensing framework. Senate Bill 23-290 is codified at C.R.S.12-170-104 and C.R.S. 44-50-
103. State rulemaking has concluded and been adopted.
Per Senate Bill 23-290 “Natural Medicine” is defined to include psilocybin/psilocyn, as well as, if
approved for use by the state at a later time, each of the following: dimethyltryptamine; ibogaine;
and mescaline. The definition does not include synthetic or synthetic analogs of these substances.
Nor does it include peyote. “Natural Medicine product” means products infused with natural
medicine that is intended for consumption.
This legislation allows persons over 21 years old to possess, share, cultivate (limited sq. ft.), and
manufacture certain regulated natural medicine for personal use without payment. It creates a state
licensing program for natural medicine licensed facilities with certification, permitting and
registration requirements and advisory board for five license types. The State will begin to issue
licenses on January 1, 2025. The adopted rules restrict any Natural Medicine facility holding a
state license to be at least 1,000 feet distance from childcare centers, preschools, elementary,
middle and junior high schools and residential childcare facilities. The rules create specific
regulations for cultivation, manufacturing, testing, storing, distribution, transportation, and
dispensation of regulated Natural Medicine and related products.
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What can local governments such as the City of Aspen do?
May enact ordinances or regulations governing the time, place, and manner of operation of
licensed facilities issued licenses pursuant to the Colorado Natural Medicine Code within
its boundaries.
Can regulate where in the City license holders may operate, including restricting further
allowed distance from schools.
Can regulate the times licensed holders may operate.
Although not required to take any action, Local Governments may enforce limited local
regulations
What are local government prohibited from doing?
May not prohibit the establishment or operation of licenses or prohibit the operation of
establishments entirely within the city.
May not prohibit the transportation of Natural Medicine or Natural Medicine product
within its boundaries, this includes into and out of the city.
May not adopt ordinances or regulations that are unreasonable or conflict with state law.
Local governments cannot create a local licensing regime for Natural Medicine use,
licensing is solely the function of the state.
Many communities throughout the state are concerned about the proliferation ofNatural Medicine
facilities throughout their communities, including in residential areas. If this is a concern for
Council, as an example,one potential option would befor the Cityis topass an ordinance to restrict
Natural Medicine licensed facilities to a use regulated through the City’s zoning code. The existing
use categories are listed per Zone District and further defined in Sec. 26.104.110 of the LUC. A
category of use that may fit natural medicine operations is the general “Office use” category which
is defined as “A type of land use, or any building or portion thereof, involving the establishment,
transaction and delivery of business, medical, or professional activities or services to the general
public.”
To make this change City Council would need to amend the zoning code to include Natural
Medicine as a use, either as a new category or under an existing category. Amending the code to
include licensed facilities as an Office use would restrict “Natural Medicine” to the commercial
core and it would not be allowed on the ground floor of buildings.
Staff requests direction from City Council as to whether they wish to pursue time, place and
manner regulation on Natural Medicine licensed facilities?
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If the answer to the above question is yes. Please consider the following questions.
1) What areas of the City should be off limits for these types of operations?
2) Is 1,000 ft. from a school okay with Council, or is Council looking to be more
restrictive?
3) What type of time restrictions would Council like to see?
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