Pueblo council narrows approach to ‘natural medicine’ rules; staff to draft ordinance limiting locations to industrial/commercial zones

City planning staff presented a proposed zoning text amendment on Feb. 3 to regulate natural medicine businesses authorized under Colorado’s Senate Bill 23-290 (the statute implementing Proposition 122). Acting Planning Director Scott Hoffman told council the state law creates four licensed business types — healing centers, cultivation centers, testing facilities and product manufacturers — and allows local governments to regulate time, place and manner but not to prohibit the businesses outright.

Hoffman said statewide licensing inquiries are currently concentrated in the Denver metro area and that, to date, the city had received no local applications. Under the draft city proposal reviewed by Planning and Zoning, healing centers would be allowed by right in several commercial and mixed-residential districts (including R5 and R6, neighborhood office O-1, business B1–B4 and business park), while cultivation, testing and manufacturing would be confined to business park and industrial districts.

Why it matters: Proposition 122 (2022) and subsequent state law decriminalized personal possession and use of certain naturally derived psychedelics for adults 21 and older and set up a state licensing scheme. Pueblo’s ordinance would set local buffers, allowable zones and operational conditions; councilors emphasized they want the city to exercise local controls to keep facilities away from homes and schools.

Council members urged changes. Several councilors said healing centers should not be allowed in residentially oriented districts. President Mark Aliff and others proposed restricting healing centers to larger commercial or industrial districts (for example, B3/B4 and industrial zones) and applying a 1,000-foot buffer from any school or child-care facility. City Attorney Carla Sykes and staff cautioned that buffers and zone restrictions must be reasonable so the city does not constructively prohibit the state-authorized businesses and risk legal challenge.

Hoffman said the draft ordinance already includes a 1,000-foot buffer for healing centers from schools and child-care centers; staff noted that child-care homes had not yet been fully mapped and that adding them will expand buffer impacts. Council directed staff to prepare variants of the draft ordinance showing tighter limits — excluding R5/R6/O-1/B1 or limiting healing centers to B3/B4 and industrial zones — and to show the effect of larger buffers (for example, 1,200 to 1,500 feet) before a final vote.

Direct quote: Hoffman summarized the legal constraint: “A local jurisdiction may not adopt ordinances that are unreasonable or in conflict with the state legislation. If a local jurisdiction does not adopt regulations, then natural medicine businesses will be controlled and regulated solely by the Colorado Department of Regulatory Agencies and the Department of Revenue.”

Next steps: Staff will return with revised maps and ordinance language reflecting council direction and will coordinate with the city attorney to assess legal risk and whether the amended ordinance should return to the Planning and Zoning Commission for further review before council action.

Ending: Councilors emphasized they do not oppose using local zoning to limit locations but want staff to tighten the draft to remove residential districts and preserve a substantial buffer from schools and childcare.