Colorado Statewide Rule
Colorado Cannabis Dispensary Zoning: Local Control Under CRS 44-10-104
Key Facts
- Statute
- C.R.S. 44-10-104(3)
- Local power
- Time, place, manner, number
- Ban method
- Ordinance or initiated measure
- County ban petition
- 15% of registered electors
- State agency
- Marijuana Enforcement Division
Summary
Colorado hands cannabis siting to city hall: under C.R.S. 44-10-104(3), any local jurisdiction may regulate the time, place, manner, and number of retail marijuana stores, impose a local licensing requirement, or ban dispensaries outright by ordinance or ballot measure.
As provided in section 16 (5)(f) of article XVIII of the state constitution, any local jurisdiction may enact ordinances or regulations governing the time, place, manner, and number of retail marijuana businesses, which may include a local licensing requirement, or may prohibit the operation of retail marijuana businesses through the enactment of an ordinance or through a referred or initiated measure. If a county acts through an initiated measure, the proponents shall submit a petition signed by not less than fifteen percent of the registered electors in the county.
Full Breakdown
Colorado retail marijuana runs on dual licensing. The state Marijuana Enforcement Division (MED) within the Department of Revenue issues the state license, but C.R.S. 44-10-104(3) lets every county, city and county, or municipality cap the number of dispensaries, dictate where they sit, or prohibit them entirely. The state licensing authority forwards half the store application fee to the local jurisdiction and will not finalize a retail store license over a local ban. A county that bans stores by initiated measure needs a petition signed by at least 15 percent of its registered electors. Operating where a local ordinance prohibits it means no valid license.
Violations & Penalties
Cultivating or selling marijuana where a local ordinance prohibits it forfeits the state constitutional affirmative defense; operating without required local licensing authority approval leaves the business without a valid state license and exposed to MED enforcement and closure.
Frequently Asked Questions
Can a Colorado town ban dispensaries entirely?
Do I need a local license as well as a state license?
How does a county put a dispensary ban on the ballot?
Sources
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