This Article clarifies local law to assure provisions of H.B. 17-1220 codified in C.R.S. § 18-18-406 regarding the maximum number of marijuana plants that may be cultivated, grown or produced on a residential property may be enforced within the City of Walsenburg.

(Ord. No. 1108, § 1, 10-17-2017)

(a)

Residential property in this Article means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(b)

The term residential property also includes the real property surrounding a structure, owned in common with the structure, that includes one or more single units providing complete independent living facilities.

(Ord. No. 1108, § 1, 10-17-2017)

(a)

Effective January 1, 2018, no person shall knowingly possess at, cultivate, grow or produce more than 12 marijuana plants on or in a residential property regardless of whether the plants are for medical or recreational use and regardless of the number of persons residing temporarily or permanently on the residential property.

(b)

Effective January 1, 2018, all previously adopted ordinances or parts of ordinances allowing, or that may be interpreted as allowing or permitting, a person to knowingly possess at, cultivate, grow or produce more than 12 marijuana plants on or in a residential property regardless of whether the plants are for medical or recreational use and regardless of the number of persons residing temporarily or permanently on the residential property are repealed or amended to the extent necessary to conform with this Article.

(Ord. No. 1108, § 1, 10-17-2017)