Applicable Laws Regarding Medical Marijuana#
Effective January 1, 2020, The Colorado Marijuana code was consolidated from Articles 11 (Medical) and 12 (Retail) into a single Article 10 (Regulated Marijuana). Refer to the Colorado Revised Statutes This link opens in a new browser tab
The Colorado Medical Use of Marijuana Initiative, also known as Amendment 20, was approved by the voters in November 2000. The measure legalized the use of marijuana for medical purposes and created an identification card system for patients and caregivers whose marijuana possession was covered by the measure.
In March 2010, the City of Fort Collins enacted a licensing provision for medical marijuana businesses. Applications were accepted from those who held a sales tax license for such purpose prior to the enactment of licensing provisions.
In November 2011, voters approved a citizen-initiated ordinance prohibiting the operation of medical marijuana businesses in Fort Collins. By February 14, 2012, all businesses were closed.
The marijuana business industry drafted its own initiative for the November 2012 ballot that reinstated the licensing of marijuana businesses in Fort Collins. This initiative imposed a limit cap on the number of medical marijuana stores in Fort Collins and gave preferential treatment to those businesses that were forced to close as a result of the 2011 initiative. Fort Collins began accepting applications from previous businesses in January 2013.
The possession and use of marijuana remain a crime under federal law. Persons who use marijuana for medical purposes are subject to criminal prosecution under federal law.
State Laws And Regulations#
- Effective January 1, 2020: Colorado Revised Statues (Article 10: Regulated Marijuana This link opens in a new browser tab)
- Article XVIII, Section 14 This link opens in a new browser tabof the Colorado Constitution (Amendment 20)
- Colorado Marijuana Enforcement Division This link opens in a new browser tab, Marijuana Regulations
Local Laws And Rules/Regulations#
- Chapter 15, Article XVI This link opens in a new browser tab of the City Code (regulation of medical marijuana businesses)
- Chapter 15, Article XVII This link opens in a new browser tabof the City Code (regulation of retail marijuana businesses)
- Chapter 12, Article IX This link opens in a new browser tab of the City Code (cultivation of marijuana for personal use)
- Chapter 17, Article XI This link opens in a new browser tab of the City Code (marijuana offenses)
Applicable Laws Regarding Retail/Recreational Marijuana#
This page provides an overview of the City of Fort Collins's marijuana laws, rules, and regulations, information about current marijuana policy development, and a history of marijuana policy in Fort Collins.
Any form of business involving marijuana in Fort Collins requires a license or permit. There are several medical and retail marijuana business licenses. Each type has different privileges, requirements, and rules. Businesses that do not follow the rules could be fined, face disciplinary action, or lose their license.
In November 2012, Colorado voters approved an amendment (Amendment 64) to the state constitution that makes the personal use, possession, and limited home-growing of marijuana legal under Colorado law for adults 21 years of age and older. Amendment 64 also required the State to establish a system in which marijuana is regulated and taxed similarly to alcohol.
The possession and use of marijuana remain a crime under federal law. Persons who use marijuana for recreational purposes are subject to criminal prosecution under federal law.
Effective January 1, 2020, The Colorado Marijuana code was consolidated from Articles 11 (Medical) and 12 (Retail) into a single Article 10 (Regulated Marijuana)
Colorado Revised Statutes: Title 44 Article 10: Regulated Marijuana-Colorado Marijuana Code
State Laws and Regulations#
- Colorado Marijuana Enforcement Division - Marijuana RegulationsThis link opens in a new browser tab
- Title 39, Article 28.8 This link opens in a new browser tab, Colorado Revised Statutes (taxes on marijuana)
Local Laws And Rules/Regulations#
- Chapter 15, Article XVII This link opens in a new browser tab of the City Code (regulation of retail marijuana businesses)
- Chapter 12, Article IX This link opens in a new browser tab of the City Code (cultivation of marijuana for personal use)
- Chapter 17, Article XI This link opens in a new browser tab of the City Code (marijuana offenses)
- Please review the Zoning Website first about your proposed marijuana property before submitting an application. Note: if Planning/Zoning/Building indicates applications and approvals are needed, those MUST be completed prior to application submission. Please refer to the City of Fort Collins Building Services page found here.
- For more detailed information about zoning restrictions, visit our interactive zoning map.
City Code: Marijuana Regulation: Article XVI (medical) and Article XVII (retail)Chapter
History of marijuana and hemp policy in Fort Collins#
A timeline: marijuana legalization and highlights in the City of Fort Collins
2000
- Colorado voters approved Amendment 20, legalizing medical marijuana
2009
- The City of Fort Collins adopted a moratorium on the issuance of city sales tax licenses for medical stores
2010
- Fort Collins adopted the Medical Marijuana Code and Land Use Code for all medical marijuana
2011
- City of Fort Collins: Citizen Initiative to ban marijuana and stop operating by February 14, 2012
- The City Amended the Land Use Code by adding Medical Marijuana-Infused Product facilities in various zone districts
2012
- Colorado voters approved Amendment 64 legalizing retail marijuana for adult use and directing the state to establish a regulatory structure for retail marijuana.
- City of Fort Collins Citizen initiative to repeal the ban and reinstate medical marijuana and limit
2014
- the City of Fort Collins adopts the retail marijuana code
2015-2016
- Amend the code to allow the sale/distribution of retail marijuana
- Amend Retail marijuana code for hours of operation
2017
- The City of Fort Collins added a ballot question to allow the City Council to amend the local medical marijuana code
2018-2019
- Amend the retail marijuana code to align with state law, rules, and regulations
- CO Farm Bill passes Hemp. Gives municipalities the right to establish local licensing.
- the City of Fort Collins added a new article relating to the cultivation and extraction of hemp
2020
- Colorado Marijuana Code is now one article 10.
- the City of Fort Collins amends the retail marijuana code to clarify and align the city code with state law
- The City of Fort Collins clarifies the extraction of hemp within dwellings
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Social Equity Bill (HB20-1424) This link opens in a new browser tab This link opens in a new browser tabLicensees in Regulated Marijuana, aims to enhance equity efforts by allowing greater access to marijuana business ownership and operations to individuals impacted by economic barriers and/or now outdated marijuana laws by reducing fees and initiating new programs
- Social Equity Program: Established a "Social Equity License", expanded on the Accelerator Program, and provided rulemaking authority for the Department of Revenue to create and implement a social equity program administered by the MED. Also provided the Governor with expedited pardon authority for marijuana possession offenses(opens in new window) This link opens in a new browser tab This link opens in a new browser tab.
2021
- the City of Fort Collins amends the retail marijuana code to update, clarify, and align the city code with state law
2022
- The City of Fort Collins City Manager administratively approves fees relating to regulated marijuana business licenses for Social Equity Applicants
2024
- The City of Fort Collins City Manager administratively approves fees relating to regulated marijuana business licenses using the CO Price Index (CPI rate) for all business applicants including Social Equity Applicants. Please see the fee pages
- SB24-076: Streamline Marijuana. Will have an impact on licensing processes at the local level. Locally, we are seeking a code change to align with the state.
- Business licenses will now be valid for two years starting in 2025, instead of the current one-year term.