SUBJECT:
Title
A Resolution of the Planning Commission of the Town of Erie Recommending that the Town Council Adopt an Ordinance Amending Title 10 of the Erie Municipal Code Regarding Natural Medicine
Body
DEPARTMENT: Administration
Planning & Development
Department
PRESENTER(S): Kelsey Thede, Deputy Town Clerk
Kelly Driscoll, Planning Manager
First Name, Last Name, Title
TIME ESTIMATE: 30
POLICY ISSUES:
The Planning Commission will consider whether the Town should establish regulations relating to time, place, and manner for natural medicine healing centers and businesses.
STAFF RECOMMENDATION:
Recommendation
Adopt the resolution recommending Town Council adopt an ordinance regulating the time, place, and manner of natural medicine healing centers and businesses within the Town of Erie.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
In November 2022, the Colorado voters approved Proposition 122, which decriminalized the use of certain psychedelic mushrooms and related substances also known as “natural medicine” for people 21 years of age and older. In May 2023, Senate Bill 23-290 titled “Natural Medicine Regulation and Legalization”, was signed by the Governor. The bill clarifies and sets the regulatory framework for a regulated natural medicine program in Colorado. State licensing, certification, permitting and registration of businesses will be in place starting Dec. 31, 2024. The state will begin to issue licenses after Jan. 1, 2025. To be prepared for this timeline staff recommends enacting an ordinance prior to Jan. 1, 2025, enabling regulation of natural medicine within State law.
Senate Bill 23-290 does not allow local governments to prohibit the establishment or operation of natural medicine facilities nor to create unreasonable regulations that would not allow these establishments to operate. However, it does authorize the Town Council to enact ordinances to regulate the time, place, and manner of the operation of these State licensed establishments. The Town has no authority to require a local license to operate natural healing centers and natural medicine businesses in the Town.
Town staff worked collaboratively to establish proposed distance requirements based on accepted best practices, ensure that the distance requirements are reasonable, and allow areas in Town where these establishments can operate. No natural medicine healing center or business shall be within 1,000 feet of a childcare center; residential childcare facility; preschool; elementary; middle; junior or high school or within 250 feet of any residential zoning.
In addition to distance requirements Town staff recommends the restricted hours of 8 a.m. to 8 p.m. Monday through Saturday for healing centers to allow reasonable access, and the restricted hours of 8 a.m. to 5 p.m. Monday through Friday for all other natural medicine businesses. The ordinance also regulates the operation of natural healing centers and natural medicine businesses, which include public view, lighting, storage, odor, disposal of biproducts, and processing.
COUNCIL PRIORITY(S) ADDRESSED:
Prosperous Economy
Safe and Healthy Community
Effective Governance
ATTACHMENT(S):
1. Resolution P24-15
2. Draft Ordinance
3. Staff Report
4. Staff Presentation