Sheriff

Posted on: March 16, 2018

Legal Notice from Sheriff Regarding Private Marijuana Cultivation

Legal Notice

San Miguel County Sheriff’s Office

Private Marijuana Cultivation

 

With the passing of Colorado House Bill 17-1220 and changes to the San Miguel County Land Use Code, Section 5-29, the following regulations now apply to all persons cultivating Recreational Marijuana for personal use, Medical Marijuana for personal use, or Private Caregivers cultivating marijuana for private patients within the confines of unincorporated San Miguel County.

All private cultivation will take place on residential property, as defined by HB17-1220 and the San Miguel County Land Use Code, section 5-29 to be:

“A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. 'Residential Property' also includes the real property surrounding a structure, owned in common with the structure that includes one or more single units providing independent living facilities.”

No more than 12 marijuana plants, regardless of the number of people living at the residence, may be cultivated on any residential property. The cultivation of 12 or fewer plants does not have to be conducted within an enclosed and locked space.

With the approval and written consent of the Sheriff or his designee, a cultivator may grow up to 24 medical marijuana plants on a residential property, provided he/she passes an inspection by the Sheriff’s Office, demonstrating the cultivation will be taking place within an enclosed and locked space and is in compliance with all other state and local regulations, ordinances and laws.

Regardless of the number of plants being cultivated, no cultivation will be permitted to:

  • Be visible from the exterior of the structure, or from a public road or public place.
  • Cause excessive noise or odor in a residential area.
  • Emit light pollution, glare, or brightness of lighting that impacts an adjoining or neighboring property owner or resident.

Marijuana cultivation on non-residential properties is strictly prohibited.

Violation of the provisions set forth in HB17-1220 or the San Miguel County Land Use Code, Section 5-29, may result in the seizure of the cultivators’ marijuana plants and may lead to criminal prosecution under Title 18 of the Colorado Revised Statutes.

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