15.07.335 Marijuana cultivation and manufacturing

15.07.335 Marijuana cultivation and manufacturing.

A. Cultivation of Medical Marijuana by Patients and Primary Caregivers in Residential Dwelling Units. The cultivation, production, or possession of marijuana plants for medical use by a patient or primary caregiver, as such terms are defined by Article XVIII, Section 14 of the Colorado Constitution, shall be allowed in residential dwelling units subject to the following conditions:

1. The cultivation, production or possession of marijuana plants shall be in full compliance with all applicable provisions of Article XVIII, Section 14 of the Colorado Constitution, the Colorado Medical Marijuana Code, § 12-43.3-101, et seq., C.R.S., and the Medical Marijuana Program, § 25-1.5-106, C.R.S.

2. Marijuana plants that are cultivated, produced or possessed shall not exceed the presumptive limits of no more than two (2) ounces of a usable form of marijuana unless otherwise permitted under Article XVIII, Section 14 of the Colorado Constitution and no more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants that are producing a usable form of marijuana shall be cultivated or permitted within a primary residence.

3. Such cultivation, production or possession of marijuana plants shall be limited to the following space limitations within a residential unit:

a. Within a single-family dwelling unit (Group R-3 as defined by the International Building Code, as adopted in PMC Title 13); a secure, defined, contiguous area not exceeding one hundred fifty (150) square feet within the residence of the licensed patient or registered caregiver.

b. Within a multifamily dwelling unit (Group R-2 as defined by the International Building Code, as adopted in PMC Title 13); a secure, defined, contiguous area not exceeding one hundred (100) square feet within the residence of the licensed patient or registered caregiver.

4. Marijuana plants shall not be grown in the common area of a multifamily residential structure.

5. If a licensed patient or primary caregiver elects to cultivate quantities of marijuana in excess of the amounts permitted under subsection (A)(2) of this section, as permitted in Article XVIII, Section 14(4)(b) of the Colorado Constitution, such patient must be in full compliance with the Colorado Medical Marijuana Program as provided in § 25-1.5-106(10), C.R.S., and may grow medical marijuana for personal use as a patient or as a primary caregiver for licensed patients as a special use within the Limited Industrial (LI) and General Industrial (GI) Zone Districts only.

6. The cultivation of medical marijuana plants in a residential unit shall meet the requirements of all adopted Town building and safety codes. Any licensed patient or registered primary caregiver cultivating medical marijuana in a primary residential unit shall have an initial building and safety inspection conducted by the Town, shall comply with any conditions of said inspection, and shall further submit to an annual building and safety code inspection thereafter. The names and locations of patients and caregivers shall not be made available to the general public in accordance with § 24-72-204(3)(a)(I), C.R.S., as contained in the Colorado Open Records Act.

7. The cultivation of medical marijuana plants shall not be permitted on the exterior portions of a residential lot. The cultivation, production or possession of marijuana plants in a residential unit must not be perceptible from the exterior of the residence and shall comply with the following:

a. Any form of signage shall be prohibited; unusual odors, smells, fragrances or other olfactory stimulants shall be prohibited; light pollution, glare, or brightness resulting from grow lamps that disturbs adjacent residents shall be prohibited; and excessive noise from ventilation fans shall be prohibited.

b. Marijuana plants shall be used or consumed exclusively by a licensed patient for the patient’s personal use and solely to address a debilitating medical condition.

8. Any primary caregiver cultivating medical marijuana for licensed patients and providing said marijuana to patients for consideration such as a monetary sum shall obtain a business license from the Town pursuant to Chapter 6.01 PMC. Any primary caregiver transferring medical marijuana to a licensed patient for consideration shall also obtain a sales tax license and shall comply with the requirements of Chapter 5.10 PMC concerning collection and payment of municipal sales tax.

9. Cultivation of medical marijuana in a residential unit that is not a primary residence is not permitted.

10. For the purposes of this subsection, “primary residence” means the place that a person, by custom and practice, makes his or her principal domicile and address to which the person intends to return, following any temporary absence, such as a vacation. Residence is evidenced by actual daily physical presence, use and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of and partaking in meals, vehicle and voter registration, or credit, water and utility billing. A person may only have one (1) primary residence. A primary residence shall not include accessory buildings.

11. For the purpose of this subsection, a “secure” area means an area within the primary residence accessible only to the patient and/or primary caregiver. Secure premises shall be locked or partitioned off to prevent access by children, visitors, or anyone not licensed and authorized to possess medical marijuana.

B. Growing of Marijuana in Residential Structures for Personal Use. This subsection is intended to apply to the growing of marijuana in residential structures for personal use to the extent authorized by Article XVIII, Section 16(3)(b) of the Colorado Constitution. Any person, for purposes of this subsection and consistent with Article XVIII, Section 16(3)(b) of the Colorado Constitution, who is twenty-one (21) years of age or older that is cultivating marijuana plants for his or her own use, may possess, grow, process or transport no more than six (6) marijuana plants with three (3) or fewer being mature, flowering plants, subject to the following requirements:

1. Such processing, growing, possessing, or transporting of marijuana plants for personal use must be in full compliance with all applicable provisions of Article XVIII, Section 16 of the Colorado Constitution.

2. Except as provided herein, such marijuana plants are possessed, grown, or processed within the primary residence of the person possessing, growing or processing the marijuana plants for personal use, as defined by subsection (B)(10) of this section. No more than a total of twelve (12) marijuana plants may be cultivated in a primary residence. If persons living in a primary residence desire to cultivate more than a total of twelve (12) marijuana plants, each person may cultivate no more than six (6) marijuana plants for personal use as a special use within the Old Town Center (OTC), Neighborhood Commercial (NC), Highway Tourist (HT), Service Commercial (SC), and Light Industrial (LI) Zone Districts.

3. The possession, growing and processing of such marijuana plants must not be observable from the exterior of the primary residence, including, but not limited to:

a. Common visual observation, including any form of signage;

b. Unusual odors, smells, fragrances, or other olfactory stimulus;

c. Light pollution, glare, or brightness that disturbs others.

4. Marijuana plants shall not be grown or processed in the common areas of a planned community or of a multifamily or attached residential development.

5. Such cultivation, production, growing and processing of marijuana plants shall be limited to the following space limitations within a primary residence:

a. Within a single-family dwelling (Group R-3 as defined by the International Building Code as adopted by the Town): a secured, defined, contiguous area not exceeding one hundred fifty (150) square feet within the primary residence of the person possessing, growing or processing the marijuana plants for personal use.

b. Within a multifamily dwelling unit (Group R-2 as defined by the International Building Code as adopted by the Town): a secure, defined, contiguous area not exceeding one hundred (100) square feet within the primary residence of the person possessing, growing, or processing the marijuana plants for personal use.

c. Such possession, growing and processing of marijuana plants shall not occur in any accessory structure.

6. Such possession, growing and processing of marijuana plants shall meet the requirements of all adopted Town building and life/safety codes, and applicable fire codes, including requirements concerning electrical systems and ventilation systems, as the same may be amended from time to time. Any person cultivating marijuana for personal use shall have an initial building and safety inspection conducted by the Town, shall pay the fee for such inspection as established by Town resolution, and fire prevention inspection conducted by the Grand Valley Fire Protection District, and shall comply with any conditions of such inspections, and shall submit to periodic building, safety and fire code inspections thereafter, and pay any applicable fees for such inspections.

7. Pursuant to § 9-7-113, C.R.S., the use of a compressed flammable gas as a solvent in the extraction of THC or other cannabinoids is prohibited.

8. The possession, growing and processing of marijuana plants shall meet the requirements of all adopted water and wastewater regulations promulgated by the Town.

9. Cultivation of marijuana in a residential unit that is not a primary residence is not permitted.

10. For the purposes of this subsection “primary residence” means the place that a person, by custom and practice, makes his or her principle domicile and address to which the person intends to return, following any temporary absence, such as a vacation. Residence is evidenced by actual daily physical presence, use and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, sleep, preparation of meals, regular mail delivery, vehicle and voter registration, or credit and utility billings. A person shall have only one (1) primary residence. A primary residence shall not include accessory buildings.

11. For purposes of this subsection, a “secure area” means an area within the primary residence accessible only to the person possessing, growing or processing the marijuana plants for personal use. Secure premises shall be locked or partitioned off to prevent access by children, visitors, or anyone not authorized to possess marijuana.

C. Growing of Marijuana for Personal Use in Nonresidential Zone Districts. The cultivation, production, or possession of marijuana plants for personal use by a person twenty-one (21) years of age or older, as permitted by Section 16 of Article XVIII of the Colorado Constitution, shall be allowed in nonresidential units or structures in the Old Town Center (OTC), Neighborhood Commercial (NC), Highway Tourist (HT), Service Commercial (SC), and the Limited Industrial (LI) Zone Districts as a special use subject to the following conditions:

1. The cultivation, production or possession of marijuana plants shall be in full compliance with all applicable provisions of Article XVIII, Section 16 of the Colorado Constitution.

2. No more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants per person may be cultivated.

3. Marijuana plants shall not be grown in the common area of any commercial or industrial building.

4. The cultivation of marijuana plants in any building or unit within the Old Town Center (OTC), Neighborhood Commercial (NC), Highway Tourist (HT), Service Commercial (SC), and the Limited Industrial (LI) Zone Districts shall meet the requirements of all adopted Town building and safety codes and applicable fire codes. Any person cultivating marijuana for personal use shall have an initial building and safety inspection conducted by the Town, shall pay the fee for such inspection as established by Town resolution, and a fire prevention inspection conducted by the Grand Valley Fire Protection District, and shall comply with any conditions of said inspections, and shall submit to periodic building, safety and fire code inspections thereafter, and pay any applicable fees for such inspections.

5. The cultivation of marijuana plants shall not be permitted on the exterior portions of a lot. The cultivation, production or possession of marijuana plants within a building or a unit must not be perceptible from the exterior of the building or unit.

6. Any form of signage shall be prohibited; unusual odors, smells, fragrances or other olfactory stimulants shall be prohibited; light pollution, glare or brightness resulting from grow lamps that disturbs adjacent property shall be prohibited; and excessive noise from ventilation fans shall be prohibited.

7. Pursuant to § 9-7-113, C.R.S., the use of a compressed flammable gas as a solvent in the extrication of THC or other cannabinoids is prohibited.

D. Cultivation of Medical Marijuana by Patients and Primary Caregivers in Nonresidential Zone Districts. The cultivation, production, or possession of marijuana plants for medical use by a patient or primary caregiver, as such terms are defined by Article XVIII, Section 14 of the Colorado Constitution, shall be allowed as a special use in nonresidential units or structures in the Limited Industrial (LI) and General Industrial (GI) Zone Districts subject to the following conditions:

2. Marijuana plants that are cultivated, produced or possessed shall not exceed the presumptive limits of no more than two (2) ounces of a usable form of marijuana per patient and no more than six (6) marijuana plants, with three (3) or fewer being mature, flowering plants that are producing a usable form of marijuana per patient, unless otherwise permitted under Article XVIII, Section 14 of the Colorado Constitution, shall be cultivated. A caregiver may cultivate medical marijuana for no more than five (5) licensed patients. Two (2) or more primary caregivers shall not join together for the purpose of cultivating medical marijuana within any nonresidential unit located in the Limited Industrial (LI) and General Industrial (GI) Zone Districts.

3. Marijuana plants shall not be grown in the common area of any commercial or industrial building.

4. The cultivation of medical marijuana plants in any building or unit within the Limited Industrial (LI) and General Industrial (GI) Zone Districts shall meet the requirements of all adopted Town building and safety codes. Any licensed patient or registered primary caregiver cultivating medical marijuana shall have an initial building and safety inspection conducted by the Town, shall comply with any conditions of said inspection, and shall further submit to an annual building and safety code inspection thereafter. The names of patients and caregivers and the location of their cultivation operations shall not be made available to the general public in accordance with § 24-72-204(3)(a)(I), C.R.S., as contained in the Colorado Open Records Act.

5. The cultivation of medical marijuana plants shall not be permitted on exterior portions of a lot. The cultivation, production or possession of marijuana plants within a building or unit must not be perceptible from the exterior of the building or unit.

7. Any primary caregiver cultivating medical marijuana for licensed patients and providing said marijuana to patients for consideration such as a monetary sum shall obtain a business license from the Town pursuant to Chapter 6.01 PMC. Any primary caregiver transferring medical marijuana to a licensed patient for consideration shall also obtain a sales tax license and shall comply with the requirements of Chapter 5.10 PMC concerning the collection and payment of municipal sales taxes. (Ord. 711 §1 (Exh. A), 2017)