Medical Marijuana Primary Caregivers
Who Must License
Anyone producing, offering, selling or growing medical-marijuana as a primary caregiver for someone other than them self or a family member living in their household must obtain the city Primary Caregiver License as established in Division 3, section 11-320 of the Wheat Ridge Medical Marijuana Ordinance 1479 (MEDMO). Colorado law limits primary caregivers to five patients. Currently, the state has not implemented a primary caregiver licensing program; please leave that section blank on the application.
Primary caregivers in Wheat Ridge have been required to obtain the City license since April 1, 2011.
Where A Primary Caregiver May Locate
A primary caregiver may operate from their home, subject to the home occupation rules. If the property is leased or rented, the certificate of property permission included in the licensing package must be completed and notarized.
There is currently no listing or special activity allowance in the City zoning table for primary caregiver activities in commercial or industrial locations therefore they are not permitted to locate in them. The zoning table may be changed only by ordinance of the City Council. Concerns and comments should be directed to Community Development.
There is no additional fee for the primary caregiver license, but the business/tax license fee will apply to primary caregivers of anyone who is not a household family member because providing primary care is a business activity. The business/tax license fee is $20 per calendar year.
The Primary Caregiver Licensing Package is now available.
Q: Do I need a City license to provide medical marijuana primary care to a related household member?
A: No. The requirement applies only to caregivers providing care for non-family-members and non-resident family members.
Q: Do I need a City license to provide medical marijuana primary care to relatives who don't live with me?
Q: What does the license cost?
A: The fee is only the business licensing fee of $20 per year.
Q: Are medical marijuana products taxable?
A: Yes; if delivery is made in Wheat Ridge of products of any kind such as pure herb, smoking or vaporization oils, food items or so forth, they're taxable. The tax must be added to the price of the medicine. If the nature of the sale is one where the medicine is a small part of a service (think of a painter and paint), the tax is paid by the caregiver based on the value of the medicine.
Q: What is the tax rate?
A: The City tax rate is 3%.
Q: How often must tax be paid to the City?
A: Yearly. Primary caregivers, with their limited scope of five patients are deemed to fall within the allowance for yearly filing.
Q: That seems complicated, how can I do that?
A: The Tax Division offers personalized assistance to all. Simply call, email or visit us. The Tax & Licensing web page also provides comprehensive information 24 hours a day. Be sure to check out the information about online filing, a convenient and easy way to file City tax.
Q: Is Primary Caregiver location information public?
A: No. If the City Clerk's office receives an open records request regarding primary caregivers the name and address of primary caregiver licensees must be removed from any information provided as directed by Colorado law.
Q: Is my patients' information public?
A: Under the Colorado Department of Health and Environment rules such information is private. Patient COMMJ registration numbers may lawfully be requested by the Wheat Ridge Police Department.
Q: May I operate from a commercial or industrial location?
A: No, although it is currently not prohibited by State or City law, since primary caregiver activities are not listed in the City's current commercial/industrial zoning table, they are not permitted in commercial or industrial locations.
Please feel free to contact the Sales Tax Supervisor with questions or concerns about licensing.
If you want to be on a distribution list for email notification about the City's activities on medical marijuana join it here: Medical Marijuana Email News
If you want to report a possible illegal medical marijuana operation, please contact the Wheat Ridge Police Department Investigations Bureau.