summit county new regs

[gettogro]

http://www.co.summit.co.us/



How can this be enforced?

I guess summit county can just bypass hb 1284 that says caregivers can grow 35 plants..

 

[gettogro]

While Amendment 20 makes medical marijuana legal to those that qualify, there are land use regulations
associated with the growing, cultivating, processing, and selling of medical marijuana and infused
products. Summit County has a moratorium in place prohibiting the licensing or permitting of medical
dispensaries or centers, optional premises operations, or infused products manufacturing locations. There
are no dispensaries or centers in operation in the unincorporated County, however there are several in the
Towns of Breckenridge, Frisco, and Silverthorne.
Summit County has adopted regulations for the personal cultivation of medical marijuana in residential
structures. These regulations are located in Section 3804 of the Summit County Land Use and
Development Code. While a permit is not needed for the personal cultivation of medical marijuana, it is
imperative that personal grows are conducted in a manner consistent with the Code provisions. All
regulations should be thoroughly reviewed, but a number of key points include:
 Medical Marijuana may be grown, cultivated, and processed in a patient’s primary residence.
 A caregiver may grow, cultivate, and process medical marijuana in the patient’s primary
residence, but not in their own residence, unless they are also a patient.
 No more than six medical marijuana plants may be grown, cultivated, and processed by a
patient or caregiver and no more than twelve medical marijuana plants may be grown,
cultivated, or processed in a residence, regardless of the number of patients and/or caregivers
residing in the residence.
 In a single-family residence, the growing, cultivation, and processing of medical marijuana
shall be within a secure, defined, contiguous area not to exceed 150 square feet.
 In a residential dwelling unit other than a single-family residence, the growing, cultivation, and
processing of medical marijuana shall be within a secure, defined, contiguous area not to
exceed 100 square feet.
 Medical Marijuana may be grown, cultivated, and processed in an outbuilding or a garage
associated with a residential structure provided the area is secure, defined, and limited in size
in accordance with the provisions above.
 The growing, cultivation, and processing of Medical Marijuana shall not be perceptible from
the exterior of the primary residence, including but not limited to: odor, common visual
observation; light pollution/glare, undue vehicular or foot traffic, and noise from an exhaust
fan.
 The space where Medical Marijuana is grown, cultivated or processed shall meet all applicable
requirements of the County’s building, zoning, and other technical codes.
 Renters must obtain written permission from landlords to grow, cultivate, and process Medical
Marijuana.
 No chemical shall be used by a patient or caregiver to enhance or extract tetrahydrocannabinol
(THC) from medical marijuana that is grown in a primary residence.
 Personal grow operations must be conducted in strict accordance with all state laws and
regulations, including but not limited to the state regulations regarding caregivers and patients.
These regulations can be found at:
.
At this time, Medical Marijuana may not be grown, processed, or cultivated for commercial purposes
anywhere in Summit County.
If you have any questions about Medical Marijuana, please call the Planning Department at 970-668-
4200.

 

[sky high]

Similar measure have been attempted elsewhere.

I hired an attorney and spent 4K of my own money to fight a similar measure locally.

1284 says you can share a residence if the grows are in sperate/locked facilities (bedrooms, from my take)....so A LOT of munis/counties are trying to PICK AND CHOOSE what suits them from 1284...and oh...take a few LIBERTIES away while they are at it.

same shit..different clowns

grow. Fuck them. You have a defense via A20/1284 and they will be sitting ducks in court if they fuck with you under this bogus "regs"....

wot a mess....

s h

 

[Texas Kid]

All they really did was create a new list of city ordinances to enforce and like all city ordinances there will be tickets, fines, fees, days in court, appeals, etc..but no criminal action at all just a little more revenue for the city from violators.

Sounds alot like Cali's county to county rules, some are 100sq.ft. canopy, some are 1500w max indoors, some are based on plant count, its all over the map..

The muni's have way more power to limit this than you want to believe, the state grants muni's the right to govern and regulate commerce at a local level, any commerce they want and just about any way they want, land use is their best one though. Just like any business, the city and or county has the right to limit in a number of ways (overlay districts, specific industrial districts, variances, special use permits, etc..)and all have hearings and votes involved at a local level...like I say, strip joints, porn shops, and liquir stores are legal but you can't just open one because you want, just try...can't run an auto shop out of your garage, or cleaning service, brothel or any home base business, if playing by the rules, without standing up at city council meeting like a poor douche bag askin permission from 10 or 12 local yocals. Basically being contratced by five different individuals to produce medical marijuana for them in your primary residence fits the definitition of a home base business with ease and to a T and the city can regulate home base businesses with no flack at all.

AM20 is state constitutional right but is not a law at all, there is not a law outlined in AM20...Laws have to be created at a state and local level to support and/or define how AM20 is permitted or regulated but no laws or implied laws in the constitution itself.

Tex

 

[sky high]

Cali's law allows for counties to regulate. Nothing in A20 or 1284 gives the counties in CO any power to regulate beyond the COMMERCIAL side of the equation. (I'd like to see the specific verbiage if it does)

I doubt the local yocals here would have backed down for a measely 4K outlay in lawyer's fees if they TRULY had the right to regulate. In the end, they will do what they please IF NO ON CHALLENGES THEM LEGALLY. Once i did so...they backed down immediately because they KNEW they had no right to regulate MEDICAL NEED. It's a slippery slope...

However, I personally don't care what they say anymore. A pot bust isn't the end of the world...and in the end they have no reason to come here...6 plants or 600. They must PROVE you are operating a home business....which is not an easy thing to do without traffic or any other physical impact to the neighborhood.

in the end....with only a couple of officers/enforcement folks out there on the street they really don't have the resources to back any of it up.

 

[sky high]

like I say, strip joints, porn shops, and liquir stores are legal but you can't just open one because you want

A distinction that should be made here (IMO) is that you have a RIGHT to MMJ via A 20....but you have NO specific right via our constitution to drink....or to view titties or porn.

None.

 

[Texas Kid]

That one falls under the US Constitution and Bill of Rights...life, liberty, and pursuit of happiness as well as free speech...I'll file it under my pursuit of happiness...lol

There are laws to regulate all those rights, when they ended prohibition, which I think was a constitutional ammendment, it pretty much gave our the right to drink back and then they went to town coming up with the laws and rules that govern it on a state and local level....hell blue law states still have a ton of silly rules that would blow your mind, even today..

Not any different IMO

Tex

 

[sky high]

Killin folks makes some folks 'happy". Beatin' up folks does it for others.

That doesn't mean they have the right to do it under "the pursuit of happiness" though... LOL

I hear ya tho bro. Just another reason I gave up givin a fuck!

 

[gettogro]

I guess I will pretend I didnt even see this. No one will ever have a reason to come by and check anyway. I went to great lengths and expense designing a setup around 1284 and the 36 plant limit. I only flower 16 plants and veg 16 at the same time. My rooms were built long before the these new regs were in place. After being in summit for almost 2 years now I have met quite a few growers, seems I am the only jackass that was following the rules to begin with. Most are staying just under the 99 plant count and don't give a fuck.

Still I wonder who they will use to try to enforce these regs. Is there a building code inspector that could come around? I dont think that the sheriff goes around looking for land use code violations, not sure. I guess if the cops somehow stumble on a grow then they will report it to code enforcement.
Maybe Ill give mcalister the local mmj layer a call see what he thinks.

 

[sky high]

I'm gonna say that each situation is certainly different...but in the long run, a "renter' is gonna be far more likely to encounter any errant BS from such "regs" than the guy who actually owns their home/property.

Please let us know what Sean-boy says...other than "Send your $200 for the call to this address...".... LOL!! Fookin lawyers!

s h

 

[2MileHighFarmer]

Not sure if anyone else pointed this out, but at the bottom of that it says "At this time, Medical Marijuana may not be grown, processed, or cultivated for commercial purposes anywhere in Summit County."
So even having those regulations in place is a step up from what is currently in place in Summit County. And I think most of the regulations are in place because they're trying to avoid having large grow houses around.