Chapter 9.27
OFFENSES RELATED TO MARIJUANA
Sections:
9.27.020 Possession of marijuana and marijuana accessories.
9.27.030 Sale and transfer of marijuana and marijuana accessories.
9.27.040 Public consumption or use of marijuana.
9.27.050 Prohibitions regarding minors on private property.
9.27.010 Definitions.
The following terms have the meanings set forth herein:
(a) The “Colorado Medical Marijuana Code” means Title 12, Article 43.3, C.R.S.
(b) “Marijuana” means all parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. Marijuana includes marijuana products as defined in this section. Marijuana does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
(c) “Marijuana accessories” means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
(d) “Marijuana products” means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures.
(e) “Medical marijuana card” means a card properly and duly issued under the Colorado Medical Marijuana Code. [Ord. 807 § 1, 2014].
9.27.020 Possession of marijuana and marijuana accessories.
(a) No person under 21 years of age shall possess marijuana or marijuana accessories unless such person has been issued a medical marijuana card. If such person has been issued a medical marijuana card, such person shall not possess more than two ounces of marijuana unless otherwise authorized to do so by the Colorado Medical Marijuana Code.
(b) No person 21 years of age or older shall possess more than one ounce of marijuana unless such person has been issued a medical marijuana card. If such person has been issued a medical marijuana card, such person shall not possess more than two ounces of marijuana unless otherwise authorized to do so by the Colorado Medical Marijuana Code. [Ord. 807 § 1, 2014].
9.27.030 Sale and transfer of marijuana and marijuana accessories.
(a) No person shall sell, distribute, transfer, trade, exchange or give marijuana or marijuana accessories, with or without remuneration, to a person under the age of 21.
(b) No person shall sell, distribute, transfer, trade or exchange marijuana or marijuana accessories, with remuneration, to a person 21 years of age or older.
(c) No person shall give more than one ounce of marijuana to a person 21 years of age or older. [Ord. 807 § 1, 2014].
9.27.040 Public consumption or use of marijuana.
(a) No person shall openly and publicly consume or use marijuana.
(b) No person shall consume or use marijuana in a manner that endangers others.
(c) No person shall consume or use marijuana in a location or facility owned or operated by the town of Granby, including but not limited to public parks, public buildings, public streets and public rights-of-way. [Ord. 807 § 1, 2014].
9.27.050 Prohibitions regarding minors on private property.
No person who is in possession and control of private property shall knowingly allow any person under the age of 21 to possess or consume marijuana on such private property, unless such minor person has been issued a medical marijuana card. For purposes of this section, “possession and control of private property” shall mean, without limitation, the owner, tenant or designated custodian, such as a house-sitter or babysitter, of private property. [Ord. 807 § 1, 2014].
9.27.060 Personal cultivation of marijuana.
(a) No person 21 years of age or older shall possess more than six marijuana plants, only three or fewer of which are mature flowering plants. The marijuana produced by such plants, in excess of one ounce, shall be maintained on the premises where grown and shall not be sold.
(b) The cultivation, production or possession of marijuana for medical use by a patient or primary caregiver, or for recreational use by any person 21 years of age or older shall be subject to the following conditions:
(1) The marijuana plants must be cultivated, produced, processed and possessed within a person’s primary residence, as defined in subsection (b)(9) of this section; and
(2) The cultivation, production, processing and possession of marijuana plants must not be conducted in an open and public manner, meaning it must not be perceptible from the exterior of the primary residence, and such activity shall not cause or create any of the following:
(i) Unusual odors, smells, fragrances, or other olfactory stimulus detectable by any person with a normal sense of smell upon or within any adjacent or nearby unit or property;
(ii) Light pollution, glare, or brightness that unreasonably disturbs others in the use or enjoyment of their property, or constitutes a nuisance;
(iii) Undue vehicular or foot traffic, including excess parking within the residential zone; or
(iv) Excessive noise; and
(3) Marijuana plants shall not be cultivated, produced, processed or possessed in the common areas of a multifamily or attached residential development; and
(4) The cultivation, production, processing or possession of marijuana plants shall be limited to the following space limitations within a primary residence as follows:
(i) For a single-family dwelling unit or other dwelling unit in a single-family residential (R-1) zoning district, a multifamily dwelling unit or other dwelling unit in a multiple-family residential medium density (R-2) zoning district, a multiple-family dwelling unit or other dwelling unit in a multiple-family residential high density (R-3) zoning district, a mobile home or a park home, or any other residential or dwelling unit, within an enclosed, locked, defined, contiguous area not to exceed 12 plants or 150 square feet within such person’s primary residence; and
(5) Marijuana plants shall not be cultivated, produced, processed or possessed in any accessory structure; and
(6) The cultivation, production, processing or possession of marijuana plants shall meet the requirements of all adopted building and life/safety codes; and
(7) The use of any compressed flammable gas as a solvent in the extraction of tetrahydrocannabinols or other cannabinoids in a residential setting is prohibited; and
(8) Marijuana cultivation lighting shall not exceed 1,200 watts total for the entire cultivation area within a dwelling.
(9) For purposes of this section, “primary residence” means the place that a person, by custom and practice, makes his or her principal place of domicile and address, and 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 and partaking of meals, regular mail delivery, vehicle and voter registration, or credit, water and utility billing. A person shall have only one primary residence. A primary residence shall not include accessory buildings.
(10) For purposes of this section, “enclosed locked area” means a location within the primary residence accessible only to the person growing the marijuana through one or more locked doors with walls and roofing that must be constructed of solid materials. Such premises must remain secure at all times and any windows must be locked to prevent access by children, visitors, or casual passersby.
(11) Each day that a violation of this section continues shall be considered as a separate offense. [Ord. 835 § 1, 2015; Ord. 807 § 1, 2014].