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LEGAL NOTICERecent Change to Marijuana Cultivation LawsTo All Marijuana Growers and Cultivators:The San Miguel County Sheriff’s Office is issuing notice that on April 18, 2016 the Colorado State Senate passed SB16-080 and on June 8, 2016 the Governor of Colorado approved said bill. SB16-080 Changes the wording of C.R.S. 18-18-406 Offenses Relating to Marijuana and Marijuana Concentrate.
C.R.S. 18-18-406(3)(b)(I) has been amended to read:
“It is not a violation of this subsection (3) if the person is lawfully cultivating medical marijuana pursuant to the authority granted in section 14 of article XVIII of the state constitution IN AN ENCLOSED AND LOCKED SPACE.
C.R.S. 18-18-102 defines “ENCLOSED” and “LOCKED” as follows;
- (14.5) “ENCLOSED” means a permanent or semi-permanent area covered and surrounded on all sides. Temporary opening of windows and doors or the temporary removal of a wall or ceiling panels does not convert the area into an unenclosed space.
- (16.6) “LOCKED SPACE” means secured at all points of ingress or egress with a locking mechanism designed to limit access, such as a key or combination lock.
The intent of this new law is clear and is intended to keep unauthorized persons from entering a marijuana grow. Hard sided structures with roofs and locking doors are required. Using plastic, tarps or visquene as the only barrier is not acceptable. Depending on where you live in San Miguel County, a building permit for your ENCLOSED and LOCKED space may also be required, depending on the type of structure you intend to erect. Growers and Cultivators are encouraged to contact the San Miguel County Building Department to determine if a building permit would be needed in their specific instance or circumstance.
The change in law now brings the rules of amendment 20 and amendment 64 into parallel and applies to all, recreational grows, caregiver grows, medical marijuana grows or any combination of these, no matter their size.
Open air marijuana grow operations of any kind or size will not be allowed within the confines of San Miguel County. This new rule will be strictly enforced by the San Miguel County Sheriff’s Office. Growers and Cultivators are put on notice they have 30 days to bring their grows into compliance of being within an ENCLOSED and LOCKED space. Any Growers or Cultivators found to be in violation of C.R.S 18-18-406(3)(b)(I) after July 13, 2016 may be subject to criminal prosecution, jail time, fines, fees and the revocation of their medical marijuana cards and/or Caregiver status.
Please contact the San Miguel Sheriff’s Office if you have questions concerning this new state law at 970-728-1911.
William S. Masters San Miguel County Sheriff