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Wheat Ridge council signals zoning-based approach for state-authorized natural medicine 'healing centers'

Wheat Ridge City Council · December 3, 2024
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Summary

After a presentation by the city attorney, councilors signaled consensus to regulate state-licensed natural medicine healing centers through zoning in commercial/industrial/mixed-use areas with the state’s 1,000-foot school/daycare buffer and to limit hours of operation; staff will draft an ordinance and seek Planning Commission review before second reading.

City attorney Mister Dahl told the Wheat Ridge City Council on Dec. 2 that a new Colorado state statute authorizes licensed natural-medicine facilitators (including psilocybin-based therapies) and allows local governments to regulate time, place, and manner but not to enact rules that effectively prohibit licensed operations. Dahl outlined five local approaches — from doing nothing to full local licensing — and recommended a zoning-based option as a practical first step.

Staff presented a map showing the state-mandated 1,000-foot buffer around schools and daycares, and identified the city’s commercial, industrial and mixed-use zones where medical-office uses are currently permitted. Several councilors said they favored allowing healing centers in those zones while using the 1,000‑foot buffer; some also proposed limiting operating hours so sessions conclude by early evening (several speakers suggested a 7 p.m. cutoff for administration of sessions).

Council members discussed related issues: whether licensed therapists may operate as a home occupation (staff said some home-occupation rules allow a single client in a residence), whether the city should add a specialty municipal license (staff said licensing capacity is limited), and whether local caps on the number of operations are permitted under state law (members noted statutory limits on prohibiting locations). Several councilors noted state licensing and practice regulation will govern facilitator qualifications and operations; the city’s regulation would focus on location, spacing, hours and public-safety-related supplementary rules (ventilation, security, discharge/transportation plans).

Dahl said the city should consider timing: the state board may start accepting license applications in January, which could result in facilities seeking local locations before Wheat Ridge finalizes local rules; he recommended moving promptly to adopt zoning restrictions and to schedule Planning Commission review between first and second readings so the council has a recommendation when it votes. Councilor Hoppe asked for and received consensus to direct staff to draft zoning language that permits healing centers in commercial/industrial/mixed-use zones outside the 1,000-foot buffers and to present the draft ordinance and Planning Commission recommendation before second reading.