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For anyone to sign any initiative or referendum petition with any name
other than his or her own or to knowingly sign his or her name more than
once for the same measure or to knowingly sign a petition when not a
registered elector who is eligible to vote on the measure.
PETITION
SECTION
NO. _____
Initiative Petition
To the Nederland Board of Trustees:
The undersigned registered electors of Nederland, Colorado, by petition, do initiate the ordinance set
forth hereafter and petition that the same be adopted by Board of Trustees without alterations or be
placed on the ballot of the next special or general election legally permitted.
The summary of the ordinance as set by the Town Clerk of Nederland, Colorado, is as follows:
This ordinance would declare the Town of Nederland to be a sanctuary for
all persons who use, possess, grow, cultivate, distribute, or sell cannabis
for medical or spiritual purposes. The ordinance would prohibit the Town
of Nederland from using funds to enforce laws related to the use,
possession, cultivation, distribution, or sale of cannabis, if said use,
possession, cultivation, distribution, or sale of cannabis is for therapeutic
or spiritual purposes and does not constitute an intentional, deliberate or
reckless act that causes harm to another person or another person's
property. The ordinance would create the Nederland Cannabis
Commission to oversee and implement the ordinance.
Sec. 2-294. Clerk of Board to Transmit Copies of This Chapter; Informing Town Employees.
Sec. 2-295. Enforcement.
Sec. 2-296. Town Undertaking Limited to Promotion of General Welfare.
Sec. 2-297. Executive Officers Duty to Resign.
Sec. 2-298. Formation of Commission - Mayor Appoints - Qualifications Board of Trustees Confirmation
Sec. 2-299. Commission Duties and Responsibilities.
Sec. 2-300. Severability.
Sec. 2-301. Safety Clause.
Sec. 2-291. City Of Sanctuary And Refuge Declaration
WHEREAS, the Board of Trustees of the Town of Nederland has determined that it is appropriate to provide
Sanctuary and Refuge to therapeutic and spiritual users of cannabis. It is hereby affirmed and declared that the
Town of Nederland Colorado is a City of Sanctuary and Refuge for all persons who use, possess, grow,
cultivate, distribute, or sell cannabis for therapeutic or spiritual purposes.
Sec. 2-292. Use Of Town Funds Prohibited.
No department, agency, commission, officer or employee of the Town of Nederland, Colorado shall use any
Town funds or resources to engage or assist in the enforcement of any city, state or federal law applicable to the
use, possession, cultivation, distribution, or sale of cannabis, if said use, possession, cultivation, distribution, or
sale of cannabis is for therapeutic or spiritual purposes and does not constitute an intentional, deliberate or
reckless act that causes harm to another person or another person's property.
No department, agency, commission, officer or employee of the Town of Nederland, Colorado shall gather or
disseminate information regarding the spiritual or therapeutic use of cannabis in the Town of Nederland,
Colorado. The prohibition set forth in this Chapter shall include, but shall not be limited to:
(a) Assisting or cooperating, in one's official capacity, with any municipal, county, state or federal law
enforcement agencys investigation, detention, or arrest procedures, public or clandestine, relating to alleged
violations of the criminal provisions of the state or federal drug law for any person who uses cannabis for
therapeutic or spiritual purposes.
(b) Assisting or cooperating, in one's official capacity, with any investigation, surveillance or gathering of
information conducted by any government agency, except for cooperation related to an alleged violation of City,
State or federal criminal laws unrelated to the therapeutic or spiritual use of cannabis.
(c) Requesting or disseminating information regarding the status of any individual with regards the therapeutic
or spiritual use of cannabis.
(d) Conditioning the provision of services or benefits upon the therapeutic or spiritual use of cannabis.
Sec. 2-293. Chapter Provisions Inapplicable To Persons Convicted Of Certain Crimes.
(a) Nothing in this Chapter shall prohibit, or be construed as prohibiting, a law enforcement officer from
identifying and reporting any person pursuant to State or federal law or regulation who is in custody after being
booked for the alleged commission of a felony other than a marijuana-related offense.
(b) However, no officer, employee or law enforcement agency of the Town of Nederland, Colorado shall stop,
question, arrest or detain any individual solely because of the individual's therapeutic or spiritual use of
cannabis. An officer, employee or law enforcement agency of the Town of Nederland, Colorado shall not
discriminate among individuals on the basis of their therapeutic or spiritual practice.
(c) Nothing herein shall be construed or implemented so as to discourage any person, regardless of therapeutic
or spiritual use of cannabis, from reporting criminal activity to law enforcement agencies.
Sec. 2-294. Clerk Of Board To Transmit Copies Of This Chapter; Informing Town Employees.
(a) The Town Clerk shall send copies of this Chapter, including any future amendments thereto that may be
made, to every department, agency and commission of the Town of Nederland, Colorado, to Colorado's United
States Senators, and to the Colorado Congressional delegation, the Director of the DEA, the United States
Attorney General, and the President of the United States.
(b) Each officer of the Town of Nederland, Colorado shall inform all employees under her or his jurisdiction of
the prohibitions in this ordinance, the duty of all of her or his employees to comply with the prohibitions in this
ordinance, and that employees who fail to comply with the prohibitions of the ordinance shall be subject to
appropriate disciplinary action. Each Town employee shall be given a written directive with instructions for
implementing the provisions of this Chapter.
Sec. 2-295. Enforcement.
The Board of Trustees shall review the compliance of the Town departments, agencies, commissions and
employees with the mandates of this ordinance in particular instances in which there is question of
noncompliance or when a complaint alleging noncompliance has been lodged.
Sec. 2-296. Town Undertaking Limited To Promotion Of General Welfare.
In undertaking the adoption and enforcement of this Chapter, the Town is assuming an undertaking only to
promote the general welfare. This Chapter is not intended to create any new rights for breach of which the Town
is liable in money damages to any person who claims that such breach proximately caused injury. This section
shall not be construed to limit or proscribe any other existing rights or remedies possessed by such person.
Sec. 2-297. Executive Officers Duty To Resign.
(a) It is the duty of all, officer or employee of the Town of Nederland, Colorado to implement this article,
notwithstanding their personal beliefs, and shall carry out their duties as herein provided or as may otherwise be
provided for by law.
(b) Should a Town officer or employee be unable to separate his or her personal beliefs from the implementation
of the law, it is that officers duty to resign their office.
Sec. 2-298. Formation of Commission - Mayor Appoints - Qualifications Board of Trustees
Confirmation
(1) The Nederland Cannabis Commission is hereby formed and will be composed of seven members. Each is to
be appointed by the mayor to serve a term of office of one year, except as provided in subsection (3) of this
section. Potential appointees must be residents of the Peak to Peak region and must meet the following
qualifications:
(a) One appointee shall be a person who has benefited from the use of therapeutic cannabis at some time to treat
an adverse therapeutic condition.
(b) One appointee shall have had experience acting as a primary caregiver for a seriously ill person.
(c) One appointee shall be a physician or other public health professional with at least five years experience.
(d) One appointee shall have at least one years experience as a minister in a legitimate cannabis church.
(e) One appointee shall have at least five years experience in a field related to law or law enforcement.
(f) One appointee shall have at least five years experience in the public advocacy of cannabis re-legalization.
(g) One appointee shall be chosen at large at the discretion of the mayor.
(2) Each appointee shall be confirmed by a Board of Trustees.
(3) The term of office for appointees pursuant to Section 8 (1) (d), (e), and (f) shall be 9 months for the first set
of appointments only. Thereafter all appointments shall serve a term of one year pursuant to Section 8 (1).
(4) The mayor shall make the first set of appointments no later than July 1, 2015. The Board of Trustees shall
confirm the commission no later than July 31, 2015.
(5) The commissioners shall serve as volunteers, unless otherwise provided for by law.