To: Board of County Commissioners
Through: Bryan Weimer, Director, Public Works and Development
Prepared By:
prepared
Jason Reynolds, Planning Division Manager, PWD
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presenter
Presenter: Jason Reynolds, Planning Division Manager, PWD
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Subject:
title
LDC24-006 Natural Medicine Land Uses Land Development Code Amendment
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Purpose and Request:
recommended action
This county-initiated project proposes amending the Land Development Code (LDC) to incorporate rules for natural medicine, which includes psilocybin. The proposed changes would allow natural medicine businesses in many commercial and industrial zone districts, subject to buffer requirements around schools and childcare facilities. The rules also propose limiting in-home cultivation to no more than a 12-foot by 12-foot area; the state allows local jurisdictions to increase that area but not decrease it. The state will begin issuing natural medicine licenses at the beginning of 2025; adopting the proposed regulations this year will prepare Arapahoe County for any potential applications. Planning Commission held a public hearing on the proposed regulations on November 19, 2024. Three members of the public spoke regarding the item, two in favor and one opposed. Planning Commission voted 4-1 to recommend approval of the proposed changes to the Board, with Miller opposed.
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Background and Discussion: Given the statutory requirement that local regulations must not conflict with the state’s rules or be unreasonable, the draft regulations apply the state rules and clarify where natural medicine businesses can be located in Arapahoe County. Proposition 122 and Senate Bill 23-290 do not authorize any retail sales. They decriminalize psilocybin and similar substances for personal use and allow natural medicine to be administered on-site in a licensed facility. The state has adopted extensive regulations for licensing, security, operations, record-keeping, and location.
The Colorado Department of Revenue rulemaking (attached) describes the requirements for different types of natural medicine businesses, including record keeping and security. The Colorado Department of Regulatory agencies rulemaking (attached) describes the various types of natural medicine licenses, including facilitator training requirements,
The proposed regulations would allow natural medicine businesses as permitted uses in certain zone districts while requiring buffers from uses such as schools and child care centers. The draft regulations include operational standards regarding odor, light, and noise and prohibit natural medicine businesses as home occupations. Finally, the proposed regulations limit noncommercial cultivation to the state’s minimum of 12 feet by 12 feet. For additional details on the types of businesses and the zone districts where they may be located, please refer to the Planning Commission staff report and the draft regulations.
Planning Commission Recommendation
On November 19, 2024, Planning Commission voted 4-1 to recommend approval of the changes. Two members of the public spoke in favor of the regulations, citing the therapeutic value of natural medicine. One member of the public spoke in opposition, requesting additional licensing and expressing concerns about drug diversion and the potential for children to get access. Miller voted in opposition, expressing concerns about the potential for natural medicine businesses in the rural areas and asking if it would be possible to increase state setbacks from child care facilities, as was done for oil and gas.
Fiscal Impact: No direct fiscal impact.
Alternatives: The Board has the following alternatives:
1. Approve the amendment as recommended by Planning Commission and staff, with or without additional stipulations;
2. Deny the amendment; or
3. Continue the amendment for additional information.
Alignment with Strategic Plan:
☐Be fiscally sustainable
☐Provide essential and mandated service
☒Be community focused
Staff Recommendation: Staff recommends approval.
Concurrence: The proposed amendment has been reviewed by PWD and County Attorney staff. Planning Commission recommended approval on November 19, 2024.
Suggestion Motion(s): Attached.
Resolution: Attached.