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:

The initiated ordinance is as follows:

Amendment to the Nederland, Colorado Municipal Code

The "Nederland Municipal Code" is amended by the addition thereto of a new Article to Chapter Two regarding the declaration that the Town of Nederland shall be a city of refuge and sanctuary for therapeutic and spiritual users of cannabis, which is to read as follows:

Chapter 2 Article XII: Nederland Cannabis Sanctuary Declaration and Commission

Sec. 2-291. City of Sanctuary and Refuge Declaration.Sec. 2-292. Use Of Town Funds Prohibited.Sec. 2-293. Chapter Provisions Inapplicable to Persons Convicted of Certain Crimes.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 DeclarationWHEREAS, 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.

Sec. 2-299. Commission Duties and Responsibilities.

(1) (a) The commission is charged with carrying out the directives and guidelines of the Nederland Cannabis Sanctuary Ordinance.

(b) The primary agenda of this ordinance, and therefore the commission, is to allow peaceful therapeutic and spiritual cannabis use by patients and practitioners without threat of arrest or prosecution.

(2) The commission shall make recommendations to the Board of Trustees necessary to enact and enforce the provisions of this ordinance.

(3) The commission will establish discussions between local, state and federal government agencies, law enforcement agencies, churches, and other parties in interest, to establish a cohesive transition where conflict of law may exist.

(4) The commission shall have the power to issue subpoenas, hold hearings, compel testimony, and hire experts in various disciplines.

(5) At its first meeting, the commission shall establish the guidelines for its meetings, including frequency of meetings, procedures, and other administrative functions.

(6) The commission shall file an annual report to the Board of Trustees on or before the second Tuesday in January each year. The first report shall be due in January 2016.

(a) The report shall include recommendations for any statutory changes necessary to implement and enforce the provisions of this article.

(b) The report shall indicate the degree of compliance by federal and state law enforcement agencies.(c) The report shall make recommendations to establish adequate funding levels to achieve the goals of this article.

(7) The commission shall fill vacancies in the commission by a majority vote for the remainder of the vacated term.

Sec. 2-300. Severability.

If any part of this ordinance, or the application thereof, is held to be invalid, the remainder of this ordinance shall not be affected thereby, and this ordinance shall otherwise continue in full force and effect. To this end, the provisions of this ordinance, and each of them, are severable.

Sec. 2-301. Safety Clause.

The people of the Town of Nederland here by find, determine, and declare that this act is necessary for the immediate preservation of the public peace, health, and safety.

I sign this petition by my own signature. I am a registered elector of the State of Colorado and

the Town of Nederland, and I hereby designate the following persons, who are registered electors of the

Town of Nederland, to represent me in all matters affecting me in this petition:

Robert Howard, 227 Alpine Drive, Nederland, CO 80466

Marisa Gaia Moffett, P.O. Box 54, Nederland, CO 80466

PETITION SECTION NO. _____

WARNING: IT IS AGAINST THE LAW:

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.

DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE.

Do not sign this petition unless you have read or have had read to you the proposed initiative or referred measure or the summary in its entirety and understand its meaning.

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.