Marijuana
Marijuana businesses in Colorado are licensed and regulated by local and state authorities. Marijuana regulations are found in the Town of Erie Municipal Code. The Town of Erie continues to investigate regulations and enacted legislation concerning the operation of recreational and medical marijuana businesses within the Town of Erie.
Recreational
Marijuana cultivation facilities; marijuana product manufacturing facilities; marijuana testing facilities, and retail marijuana stores are prohibited within the Town of Erie.
Medical
Medical marijuana businesses are prohibited within the Town of Erie.
Patients & Caregivers
It is unlawful for any person to cultivate, produce or process medical marijuana plants within the Town of Erie unless such person is registered as a patient with the State of Colorado, and with the Town of Erie.
No person acting in the capacity of primary caregiver, shall cultivate, produce, possess or process Medical marijuana without first having obtained a Town of Erie Medical Marijuana Primary Caregiver Business License.
Timeline
November 10, 2015: The Board of Trustees approved an ordinance prohibiting recreational marijuana businesses within the Town.
July 28, 2015: The Town of Erie 2015 Community Survey included questions related to recreational marijuana businesses. View these survey results on pages 9 and 10 of the Community Livability Report.
November 11, 2014: The Board approved an ordinance extending the existing moratorium until December 15, 2015. The Board sought the extension to allow time for Staff to conduct research; review best management practices for regulating the industry and conduct a survey of Erie residents.
May 13, 2014: The Board approved Ordinance 19-2014, an ordinance that addressed the Town's interest in local control and authority with regards to recreational marijuana cultivation. The ordinance revised specific provisions of the Erie Municipal Code related to the cultivation, processing, and possession of recreational marijuana. Pursuant to the ordinance, the maximum number of recreational marijuana plants a person may cultivate, process or possess in a residential zoned district is six (6) plants. The maximum number of marijuana plants any two or more persons may cultivate, process or possess in any area zoned other than residential, is twelve (12) plants.
August of 2013: The Board extended the moratorium through December 31, 2014.
January of 2013: The Board approved an ordinance imposing a moratorium on the recreational marijuana business. The moratorium extended through October 1, 2013.
February 2021: With many changes in the cannabis industry, neighboring communities, and state guidelines, the Board of Trustees requested Town staff examine the ban on the sale of marijuana products in Erie. Staff spoke with surrounding municipalities, Erie residents, and industry leaders to gather information on the subject. The research is ongoing as of April 2021.
March 2017: A Marijuana Ad-Hoc Committee was formed to examine the question of whether or not the permanent ban on the sale of marijuana products within Town boundaries should be lifted. In 2017, the Trustees voted to continue the ban prohibiting the sale of marijuana products.
May 13, 2014: The Board of Trustees approved two ordinances that address the Town's interest in local control and authority with regards to medical marijuana cultivation and use. The ordinances balance the reasonable and lawful rights of individuals including patients and primary caregivers with the protection of the health, safety, and welfare of the public. Those protections include the prevention and mitigation of deleterious and negative secondary effects that may occur or are likely to occur from the presence of medical and recreational marijuana.
1. Ordinance 17-2014 revises specific provisions of the Erie Municipal Code related to the cultivation, processing, and possession of medical marijuana. Pursuant to the ordinance, the maximum number of medical marijuana plants a person may cultivate, process, or possess in a residential zoned area is six (6) plants. Also according to the ordinance:
- It shall be unlawful for any primary caregiver to cultivate, produce, possess or process more than six medical marijuana plants in any residential zoned district within the Town.
- Any patient or primary caregiver with legal authorization from the State to cultivate, produce, possess or process more than six medical marijuana plants, may do so only in the Light Industrial (LI) zone, as defined and set forth in the Erie Unified Development Code.
2. Fees: Ordinance 18-2014 establishes an application fee for medical marijuana caregiver license and medical marijuana patient registration applications: Medical Marijuana Primary Caregiver Business License Application/Patient Registration
November 13, 2012: The Board approved Ordinance 27-2012, an ordinance amending the business regulations portion of the Town's Municipal Code to include a new chapter addressing the cultivation of medical marijuana within primary residences.
December 14, 2010: The Town adopted legislation prohibiting medical marijuana dispensaries within the Town. However, "Patients" (who have obtained from the State a medical marijuana registry card) and "Primary Caregivers" may lawfully cultivate and process medical marijuana for themselves or their patients.
August 24, 2010: The Board approved the extension of the Town's current temporary medical marijuana moratorium to July 1, 2011, in conformance with the terms of House Bill 10-1284. The extension was requested by Town staff in order to provide the necessary time to investigate, develop and present regulations concerning such businesses, and in order to allow the Board of Trustees to consider the alternatives provided to the Town by HB 10-1284.
February 23, 2010: The Board approved Ordinance 06-2010, an ordinance extending the existing temporary moratorium on the submission, acceptance, processing, and approval of any application for a business and occupation license, permit, building permit, and land use application of the Town of Erie related to the operation of a business that sells medical marijuana.
October 13, 2009: The Board approved Ordinance 21-2009, an ordinance imposing a temporary (180 days) moratorium on the submission, acceptance, processing, and approval of any application for a business and occupation license, permit, building permit, and land use application of the Town of Erie related to the operation of a business that sells medical marijuana.
Town staff, in consultation with the Town Attorney, has reviewed Title 4 (Business Regulations) and Title 10 (UDC) of the Erie Municipal Code to determine the eligibility of operating a medical marijuana business within Town limits. The staff has determined that there are no current land use designations or business regulations that govern the operation of such businesses. The imposition of the moratorium will provide staff the necessary time to investigate, develop and present regulations to the Board of Trustees concerning such businesses.
2012: View Ordinance 27-2012. Medical Marijuana Primary Caregiver Business License Application/Patient Registration
2014: It shall be unlawful for any primary caregiver to cultivate, produce, possess or process more than six medical marijuana plants in any residential zoned district within the Town. View Ordinance 17-2014.