Douglas County Commissioners Adopt New Marijuana Regulations

By: David Feeder, Esq.

On August 9, 2016, the Douglas County Commissioners adopted a new Ordinance (No. O-016-002) that regulates the growing, cultivation and processing of marijuana (“Marijuana Activity”) in unincorporated territory of Douglas County.

The Ordinance limits the location where Marijuana Activity can be conducted through two significant prohibitions:

• Marijuana Activity cannot be conducted outdoors; and
• Marijuana Activity cannot be conducted in nonresidential buildings or structures that are not accessory to a primary residence.

Accordingly, under the Ordinance, commercial Marijuana Activity is prohibited, and Marijuana Activity may only be conducted for personal use (or by a primary caregiver on behalf of a patient) in either 1) the primary residence of the person conducting the activity, or 2) an accessory structure to the primary residence on the same property.

Additional restrictions in the Ordinance on Marijuana Activity include the following:

• The space used for Marijuana Activity is limited to a contiguous 1,000 cubic foot volume, and must comply with all building and fire codes;
• Marijuana Activity may not involve more than 12 marijuana plants, in any stage of maturity;
• Any area used for Marijuana Activity must be fully enclosed and locked to prevent unauthorized access;
• Accessory structures can only be used for Marijuana Activity if the lot, parcel, or tract is one acre in size or greater;
• Marijuana Activity cannot be conducted in more than one structure on any single lot, parcel, or tract;
• Compressed flammable gas or flammable liquid cannot be used in Marijuana Activity;
• Marijuana Activity cannot be perceptible from the exterior of the structure, including excessive vehicle or foot traffic;
• The smell or odor of Marijuana Activity must not be detectable by a person with a normal sense of smell from outside of the property; and
• A tenant or lessee who uses a rental property for Marijuana Activity must obtain written, notarized permission from the property owner before conducting Marijuana Activity.

Individuals who either currently engage in Marijuana Activity in Douglas County, or plan to do so in the future, should review the Ordinance in its entirety.

For more information on this topic, or other marijuana law questions, contact one of the attorneys at Feldmann Nagel Cantafio & Song PLLC’s Marijuana and Cannabis Law practice group. Our Colorado marijuana lawyers would be happy to assist you.