SUBJECT:
Title
PUBLIC HEARING: An Ordinance of the Town Council of the Town of Erie Adding a New Chapter 15 to Title 10 of the Erie Municipal Code, to Regulate Natural Medicine Businesses
Body
DEPARTMENT: Administration
Planning and Development
Department
PRESENTER(S): Kelsey Thede, Deputy Town Clerk
Kelly Driscoll, Planning Manager
First Name Last Name, Title
TIME ESTIMATE: 30 minutes
only required for non-consent items
POLICY ISSUES:
Whether to regulate natural medicine healing centers and businesses allowed in the Town of Erie by State law.
STAFF RECOMMENDATION:
Recommendation
Adopt Ordinance No. 041-2024, or alternate, 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, 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 Governor Polis. 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 start on Dec. 31, 2024. The State will begin to issue licenses after Jan. 1, 2025. To be prepared for this timeline, Town staff recommend enacting an ordinance prior to Jan. 1, 2025, enabling regulation of natural medicine within the allowance of State law.
Senate Bill 23-290 does not allow local governments to prohibit the establishment or operation of a natural medicine business, nor does it allow local government 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 ...
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