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Record of Proceedings

City Council Study Session on Natural Medicine Code Amendments and Other Policy Items - July 15, 2025

City CouncilTuesday, July 15, 2025
BodyBrighton, Colorado
SessionCity Council
DateTuesday, July 15, 2025
StatusFILED
Video Record
0:00 / 34:13

Transcript — Verbatim
1:19

Order our study session for Tuesday, July 15th, 2025.

1:24

We have the pledge of the earlier meeting.

1:26

So we're gonna go right into the agenda and talk about consideration of land use and development code amendments related to natural medicine.

1:35

City Manager Martinez.

1:37

Thank you, Mayor.

1:38

Uh, at the request of the mayor pro tem prior to us talking about natural medicine, uh, I've been asked to bring up Director Prater to talk about the merits of Euclidean zoning versus form-based zoning and the pros and cons of each and give it a bit of dissertation.

1:52

So just kidding.

1:55

James Summer, come on up.

1:58

Are we on as you can see on your screen?

2:05

We're talking about natural medicine.

2:06

Uh I think most of you by now um have had the samples kick in.

2:11

Am I right?

2:12

So now that they are, we'll turn it over to James and Summer.

2:16

We have additional samples if anyone needs any special brownies that were in the back room.

2:21

This is possible.

2:25

Good evening, Mayor, Mayor Protem, members of city council, and everybody remaining here tonight.

2:30

My name is James Gallagher, I'm an assistant city attorney, and with me is Summer McCann, a senior planner with the community development department.

2:37

And as City Manager Martinez mentioned, we are here to talk about natural medicine.

2:41

So without further ado.

2:44

So some background on what led us to here tonight is um this first appeared as an initiative commonly known as the Natural Medicine Health Act, which was on the ballot as an initiated statute in November 2022.

3:00

Statewide, the initiative was approved with a yes voting percentage of 53.64%, and for a local level, it was actually approved at a slightly higher rate of 56.2%.

3:16

And so with the initiative passing, led to the legislator enacting Senate Bill 23290 in April of 2023, which Governor Polis signed into law in May on May 23rd, 2023.

4:15

I'll give that one some thought, but I'll pass this time.

5:04

So some other guidelines from the states on Senate Bill 23290 is a natural medicine license will not be granted by the state when it's not permitted under local zoning laws, and it is located within 1,000 feet of a child care center, preschool, elementary, middle, junior, or high school, or a residential child care facility.

5:24

But even though this is a required or another guideline from the state, municipalities can lessen these distance requirements or eliminate some of the schools.

5:33

So for example, you could reduce it from 1,000 feet to 500 feet.

5:37

You cannot go higher than a thousand feet, so 1500 will not be available.

5:42

Um, and with this also the applicants for the natural business licenses, when they to show compliance with this, they have to submit documentation to the state that they comply with local zoning laws and distance requirements.

6:03

So there's not contact between the state and the city in this regard, it's between the applicants and the states.

6:10

So our decision items today are time, place, and manner.

6:14

And just as a way of verbal example here, I don't want to list all these for everybody.

6:20

Um just so some things the state preempted local control on is Senate Bill 23290 came into two sections of the Colorado revised statute.

6:30

One of them is section 44, which is the business oriented section.

6:34

So some of the state regulations include restricting alcohol beverages and regulating marijuana on premise, patient confidentiality, records retention, security standards, video surveillance, waste disposal, sanitary requirements, packaging and labeling requirements, transport and storage, advertising, testing requirements, cultivation procedures, inventory tracking requirements, manufacturing procedures, standard operating procedures, and chain of custody.

7:05

And there's also section 12, which is more of the administrative guidelines, so how the natural medicine facilitators can run their sessions essentially, in terms of things like training and education requirements, dosage, things of that nature.

7:19

So that's not an exhaustive list, but just to give everybody here an idea of how extensive the state guidelines are here, and that we really only get to choose time, place, and manner restrictions.

7:32

So for some examples of time, as you can see, we have here, for example, Monday through Friday, 8 a.m.

7:38

to 5 p.m.

7:39

May not operate in excess of 18 consecutive hours in any 24 hour day.

7:44

May operate each day of the week, 8 a.m.

7:46

to 12 a.m.

7:47

or having no time restrictions.

7:49

And these are some examples.

7:52

Place, these are some examples that I pulled from other municipalities.

7:56

As I mentioned, this is a new state regulation.

8:00

Um there's not a lot of there are some municipalities that have these regulations, but it's not as if everyone does so just pulled some here.

8:10

So Parker, we have healing centers are permitted in business and commercial zoning districts.

8:16

The cultivation facilities are permitted in light industrial zoning.

8:20

Centennial, a natural medicine facility has to be 300 feet away from another natural medicine service or 300 feet away from any residential zone district.

8:31

Healing centers and cultivation facilities can only be in industrial zoning.

8:35

In Boulder, healing centers are permitted in mixed-use zoning, and cultivation facilities are permitted in light industrial zoning.

9:02

Where some of these municipal examples here were just copying essentially verbatim what the state put in their statutes into their municipal code.

9:12

Um yeah, as you can see here, some of these are restricting private cultivation, which is as I mentioned in the state statute already set forth.

9:20

Um things such as permissible lighting is already set forth in the state statutes, storage of natural medicines already set forth, um, odor, they have regulations on the ventilations used and disposal and processing of natural medicine.

9:35

So as I mentioned, we have time, place, and manner, even though the state really already covers a lot of the manor possibilities for the city.

9:45

And also for from a city perspective, though, the city is may still require a business license of the natural medicine business or service.

9:53

So even though they have a lot of this is run through the state in terms of their licensing, a municipality can still require a business license in addition to the state license.

10:05

So to recap, a local jurisdiction may enact ordinances regulating or governing the time, place, and manner of licenses, but you cannot prohibit natural medicine facilities or create regulations that are unreasonable or conflict with state law.

10:19

So our decision items today are time, place, and manner.

10:25

And now you'll hear from Summer on how natural medicine and the land use code are being proposed to interact.

Discussion Breakdown — Share of Meeting
Cannabis Regulation█████████████████████████████████████████████63%
Public Safety█████████13%
Zoning and Land Use███████10%
Signage And Permits█████7%
Parking Management█████7%
Summary of Proceedings

City Council Study Session on Natural Medicine Code Amendments and Other Policy Items - July 15, 2025

The Brighton City Council held a study session on July 15, 2025, primarily to discuss proposed land use and development code amendments related to natural medicine, as required by state law. Staff presented background on the Natural Medicine Health Act and Senate Bill 23-290, which preempt local control except for time, place, and manner restrictions. The council also discussed several other policy items, including potential support for a lawsuit against the state, nuisance parking regulations, and enforcement of temporary sign limits.

Discussion Items

Natural Medicine Land Use Code Amendments

  • Assistant City Attorney James Gallagher and Senior Planner Summer McCann presented the state framework. The Natural Medicine Health Act passed statewide with 53.64% and in Brighton with 56.2% in 2022. SB 23-290, signed May 23, 2023, allows local regulation of time, place, and manner but prohibits banning natural medicine facilities. A 1,000-foot buffer from schools and child care centers is required, but cities may reduce that distance; they cannot increase it.
  • Staff proposed treating natural medicine healing centers as "medical care" under the city code, allowing them in all zone districts where medical care is permitted (small, under 10,000 sq ft). Cultivation, manufacturing, and testing facilities would be a new use category allowed by right in industrial zones and by conditional use in C3 and BP zones. No additional time or manner restrictions were recommended beyond state rules.
  • Council members discussed definitions and regulations. Mayor Pro Tem Padilla questioned adding healing centers to medical care versus treating them like retail marijuana; staff noted differences (on-site licensed supervision vs. off-site use). Councilmember Green expressed concerns about calling it medicine and about ensuring participants are safe to leave after sessions; he suggested requiring proof of a ride home. Councilmember Snyder supported requiring a licensed driver, citing similar requirements for outpatient surgery. Staff indicated that ride-home requirements could be a manner restriction.
  • Council gave general direction: support treating healing centers as medical care for zoning consistency, but include manner restrictions to ensure safe transportation home. Staff will revise the ordinance and bring it back for formal consideration.

Other Policy Items

  • Mayor Mills proposed Council consider joining a lawsuit against the state regarding preemption authority, noting that neighboring cities Westminster and Thornton are involved. City Manager will place it on a future agenda.
  • Mayor Pro Tem Padilla raised concerns about nuisance parking in residential neighborhoods (commercial vehicles, long trailers, snowplows). He requested revisiting time restrictions on how long such vehicles can remain parked. City Attorney Calderon confirmed there is no current time limit. Staff will bring a study session item on this.
  • Councilmember Snyder noted that a new marijuana shop and other businesses have had temporary/paper signs up for over a year, likely violating the 30-day limit. He asked for code enforcement action. City Manager agreed that can be enforced.

Key Outcomes

  • No formal votes were taken; the study session was for discussion and direction.
  • Staff will draft natural medicine code amendments incorporating council feedback (healing centers as medical care, ride-home requirement, no additional time restrictions) for a future meeting.
  • City Manager will schedule discussion of joining the lawsuit against the state.
  • Staff will bring a study session on nuisance parking regulations.
  • Code Enforcement will address temporary sign violations.

Meeting Transcript

Order our study session for Tuesday, July 15th, 2025. We have the pledge of the earlier meeting. So we're gonna go right into the agenda and talk about consideration of land use and development code amendments related to natural medicine. City Manager Martinez. Thank you, Mayor. Uh, at the request of the mayor pro tem prior to us talking about natural medicine, uh, I've been asked to bring up Director Prater to talk about the merits of Euclidean zoning versus form-based zoning and the pros and cons of each and give it a bit of dissertation. So just kidding. James Summer, come on up. Are we on as you can see on your screen? We're talking about natural medicine. Uh I think most of you by now um have had the samples kick in. Am I right? So now that they are, we'll turn it over to James and Summer. We have additional samples if anyone needs any special brownies that were in the back room. This is possible. Good evening, Mayor, Mayor Protem, members of city council, and everybody remaining here tonight. My name is James Gallagher, I'm an assistant city attorney, and with me is Summer McCann, a senior planner with the community development department. And as City Manager Martinez mentioned, we are here to talk about natural medicine. So without further ado. So some background on what led us to here tonight is um this first appeared as an initiative commonly known as the Natural Medicine Health Act, which was on the ballot as an initiated statute in November 2022. Statewide, the initiative was approved with a yes voting percentage of 53.64%, and for a local level, it was actually approved at a slightly higher rate of 56.2%. And so with the initiative passing, led to the legislator enacting Senate Bill 23290 in April of 2023, which Governor Polis signed into law in May on May 23rd, 2023. I'll give that one some thought, but I'll pass this time. So some other guidelines from the states on Senate Bill 23290 is a natural medicine license will not be granted by the state when it's not permitted under local zoning laws, and it is located within 1,000 feet of a child care center, preschool, elementary, middle, junior, or high school, or a residential child care facility. But even though this is a required or another guideline from the state, municipalities can lessen these distance requirements or eliminate some of the schools. So for example, you could reduce it from 1,000 feet to 500 feet. You cannot go higher than a thousand feet, so 1500 will not be available. Um, and with this also the applicants for the natural business licenses, when they to show compliance with this, they have to submit documentation to the state that they comply with local zoning laws and distance requirements. So there's not contact between the state and the city in this regard, it's between the applicants and the states. So our decision items today are time, place, and manner. And just as a way of verbal example here, I don't want to list all these for everybody. Um just so some things the state preempted local control on is Senate Bill 23290 came into two sections of the Colorado revised statute. One of them is section 44, which is the business oriented section. So some of the state regulations include restricting alcohol beverages and regulating marijuana on premise, patient confidentiality, records retention, security standards, video surveillance, waste disposal, sanitary requirements, packaging and labeling requirements, transport and storage, advertising, testing requirements, cultivation procedures, inventory tracking requirements, manufacturing procedures, standard operating procedures, and chain of custody. And there's also section 12, which is more of the administrative guidelines, so how the natural medicine facilitators can run their sessions essentially, in terms of things like training and education requirements, dosage, things of that nature. So that's not an exhaustive list, but just to give everybody here an idea of how extensive the state guidelines are here, and that we really only get to choose time, place, and manner restrictions. So for some examples of time, as you can see, we have here, for example, Monday through Friday, 8 a.m. to 5 p.m. May not operate in excess of 18 consecutive hours in any 24 hour day. May operate each day of the week, 8 a.m. to 12 a.m. or having no time restrictions. And these are some examples. Place, these are some examples that I pulled from other municipalities. As I mentioned, this is a new state regulation. Um there's not a lot of there are some municipalities that have these regulations, but it's not as if everyone does so just pulled some here. So Parker, we have healing centers are permitted in business and commercial zoning districts. The cultivation facilities are permitted in light industrial zoning. Centennial, a natural medicine facility has to be 300 feet away from another natural medicine service or 300 feet away from any residential zone district. Healing centers and cultivation facilities can only be in industrial zoning.

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