Attachment A - Proposed Ordinance 8770

ORDINANCE 8770

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AN ORDINANCE REPEALING ENERGY OFFSET REQUIREMENTS BY AMENDING CHAPTER 14, “MEDICAL MARIJUANA,” AND CHAPTER 16, “RECREATIONAL MARIJUANA,” B.R.C. 1981; AND SETTING FORTH RELATED DETAILS.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO:

9 Section 1. Section 6-14-8(i), “Requirements Related to Operation of Medical Marijuana

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Businesses,” B.R.C. 1981, is repealed:

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6-14-8. Requirements Related to Operation of Medical Marijuana Businesses.

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(a)

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… (i)

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Renewable Energy Requirements. A medical marijuana cultivation facility shall directly offset one hundred percent of its electricity consumption through a verified subscription in a Community Solar Garden, or renewable energy generated onsite, or an equivalent that is subject to approval by the city. For medical marijuana businesses licensed by the city on October 22, 2013, this requirement shall apply at the time of renewal of the medical marijuana business license following October 22, 2013.

…

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Onsite Use Prohibited. No marijuana shall be smoked, eaten, or otherwise consumed or ingested within the medical marijuana business.

Section 2. Section 6-14-9(g), “Right of Entry – Records to be Maintained,” B.R.C. 1981, is repealed:

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6-14-9. Right of Entry - Records to Be Maintained. (a)

Records to Be Maintained. Each licensee shall keep a complete set of books of account, invoices, copies of orders and sales, shipping instructions, bills of lading, weigh bills, correspondence, bank statements, including cancelled checks and deposit slips, and all other records necessary to show fully the business transactions of such licensee. Receipts

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shall be maintained in a computer program or by pre-numbered receipts and used for each sale. The records of the business shall clearly track medical marijuana product inventory purchased and sales and disposal thereof to clearly track revenue from sales of any medical marijuana from other paraphernalia or services offered by the medical marijuana business. The licensee shall also maintain inventory records evidencing that no more medical marijuana was within the medical marijuana business than allowed by applicable law for the number of patients who designated the medical marijuana business owners as their primary caregiver and the maximum amount represented to the state for its license from the state. All such records shall be open at all times during business hours for the inspection and examination of the city or its duly authorized representatives. The city may require any licensee to furnish such information as it considers necessary for the proper administration of this chapter. The records shall clearly show the source, amount, price, and dates of all marijuana received or purchased, and the amount, price, dates, and patient or caregiver for all medical marijuana sold.

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…

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(g)

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Reporting of Energy Use and Compliance with Renewable Energy Requirements. The records to be maintained by each medical marijuana cultivation facility and submitted to the city shall include, without limitation, records showing on a monthly basis the use and source of energy and any renewable energy generated onsite or through a Community Solar Garden subscription. Such records shall include all statements, reports, or receipts to verify the items included in the report of the business. By application for a medical marijuana business license from the city for a cultivation facility, the medical marijuana cultivation facility grants permission to providers of the energy or other renewable energy acquisition program to disclose the records of the business to the city. Medical marijuana businesses shall maintain records showing compliance with the renewable energy requirements in this chapter. Section 3. Section 6-16-8(i), “Requirements Related to Operation of Recreational

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Marijuana Businesses,” B.R.C. 1981, is repealed: 6-16-8. Requirements Related to Operation of Recreational Marijuana Businesses. (a)

Onsite Use Prohibited. No marijuana shall be smoked, eaten, or otherwise consumed or ingested within the recreational marijuana business.

… (i)

Renewable Energy Requirements. A marijuana cultivation facility shall directly offset one hundred percent of its electricity consumption through a verified subscription in a Community Solar Garden, or renewable energy generated onsite, or an equivalent that is subject to approval by the city. For a recreational marijuana center that has converted pursuant to Subsection 6-16-3(f) or co-located pursuant to Subsection 6-16-3(g), or a marijuana-infused product manufacturer licensed by the city on October 22, 2013, this

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requirement shall apply at the time of renewal of the marijuana business license following October 22, 2013.

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… Section 4. Section 6-16-9(g), “Right of Entry – Records to be Maintained,” B.R.C. 1981,

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is repealed:

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6-16-9. - Right of Entry - Records to Be Maintained.

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(a)

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…

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(g)

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Records to Be Maintained. Each licensee shall keep a complete set of books of account, invoices, copies of orders and sales, shipping instructions, bills of lading, weigh bills, correspondence, bank statements, including cancelled checks and deposit slips, and all other records necessary to show fully the business transactions of such licensee. Receipts shall be maintained in a computer program or by pre-numbered receipts and used for each sale. The records of the business shall clearly track recreational marijuana product inventory purchased and sales and disposal thereof to clearly track revenue from sales of any recreational marijuana from other paraphernalia or services offered by the recreational marijuana business. The licensee shall also maintain inventory records evidencing that no more recreational marijuana was within the recreational marijuana business than allowed by applicable law. All such records shall be open at all times during business hours for the inspection and examination of the city or its duly authorized representatives. The city may require any licensee to furnish such information as it considers necessary for the proper administration of this chapter. The records shall clearly show the source, amount, price, and dates of all marijuana received or purchased, and the amount, price, and dates for all recreational marijuana sold.

Reporting of Energy Use and Compliance with Renewable Energy Requirements. The records to be maintained and submitted to the city by each recreational marijuana cultivation facility shall include, without limitation, records showing on a monthly basis the use and source of energy and any renewable energy generated onsite or through a Community Solar Garden subscription. Such records shall include all statements, reports, or receipts to verify the items included in the report of the business. By application for a recreational marijuana business license from the city for a cultivation facility, the recreational marijuana cultivation facility grants permission to providers of the energy or other renewable energy acquisition program to disclose the records of the business to the city. Recreational marijuana businesses shall maintain records showing compliance with the renewable energy requirements in this chapter. Section 5. This Ordinance is necessary to protect the public health, safety, and welfare of

the residents of the city, and covers matters of local concern.

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Section 6. The city council deems it appropriate that this ordinance be published by title

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only and orders that copies of this ordinance be made available in the office of the city clerk for

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public inspection and acquisition.

4 INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY

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TITLE ONLY this 3rd day of September 2026.

7 ____________________________________ Aaron Brockett, Mayor

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Attest:

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____________________________________ Elesha Johnson, City Clerk

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READ ON SECOND READING, PASSED AND ADOPTED this 17th day of September 2026.

15 16 ____________________________________ Aaron Brockett, Mayor

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Attest:

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____________________________________ Elesha Johnson, City Clerk

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