I've gone through the recent recreational use laws and took the following notes on personal grows. To clarify, this information is only about PERSONAL grows, NOT "retail marijuana" or "medical marijuana," and is simply my notes.
From my reading of the bills and regulations, legally speaking, there are three types of marijuana: (1) medical; (2) retail; and (3) cultivated. The first two have their own laws and regulations, and are the only marijuana that can be Sold (as that term is defined); this thread is an attempt to distill the laws regarding the third type of marijuana, cultivated in one's own garden, as they exist today, July 18, 2013. In addition, these notes were distilled from SB 283 only, as the other bills didn't really discuss personal cultivation. To the extent you think there's something in another bill that deals with personal cultivation, please feel free to say so!
The bolded text is the statute number (except the general notes, of course), though nothing's been officially codified yet. Any italicized text is a direct quote from the bill. The rest (regular text) is just my notes and thoughts.
And without further ado:
9-7-113 is created: Localities can ban the use of flammable gases as solvents in in-home extractions. That would mean no butane or, frankly, everclear.
13-22-601 is created: contracts are not void or voidable on the basis that they relate to marijuana. This is only valid as to state courts, so claims in federal court would be problematic. Certain claims can be removed to federal court, such as cases involving people or companies from different states. So that may mean that you have a valid case in state court, the other side is successful in removing it to federal court, and suddenly you have no case at all. But, overall, this is a great thing and a step in the right direction.
- (14.5) is created: “‘Enclosed’ means a permanent or semi-permanent area covered and surrounded on all sides. Temporary openings of windows or doors or the temporary removal of wall or ceiling panels does not convert the area into an unenclosed space.” This comes into play later, with respect to personal grows. Also, this doesn’t define anything about the material used to construct the area, so it could easily be a fenced-in enclosure outside, clear glass (as in a greenhouse), or even just black and white film or a tent.
- (16.5) is created: “‘Locked space’ means the area where medical marijuana or retail marijuana is cultivated . . . and that is secured at all points of ingress or egress with a locking mechanism such as a key or combination lock designed to limit access.” This also comes into play later, with respect to personal grows; however, it is explicit that it applies only to “medical marijuana” and “retail marijuana,” neither of which is what comes out of a personal grow. Nevertheless, it’s not onerous at all, as it just calls for a “locking mechanism,” which isn’t further defined. That could be just as simple as a hook and peg, though it’s just as simple (and less close to crossing the line) to put a standard Master lock on the door or switch out the handle for one with a locking mechanism.
- (20.5) is created: “‘Open and public’ means a place open to the general public, which includes a place to which the public or a substantial number of the public has access without restriction including but not limited to highways, transportation facilities, places of amusement, parks, playgrounds, and the common areas of public buildings and facilities that are generally open or accessible to members of the public without restriction.”
- (20.7) is created: “‘Openly’ means not protected from unaided observation lawfully made from outside of its perimeter not involving physical intrusion.” This seems to basically be the plain view doctrine: if it can be seen unaided, it’s not a not a search. It’ll be interesting to see where the courts come down in terms of views from curtilage, but I doubt this will be litigated much, as most cops won’t care about seeing someone lighting up through their living room window, unless there’s a more serious violation going on.
- (30.5) is created: “‘Publicly’ means an area that is open to general access without restriction.”
- (35.5) is created: “‘Transfer’ means to deliver or convey in a manner not permissible pursuant to section 16 of Article XVIII of the State Constitution.” There are a few definitions that get at the “no selling anything but medical and retail marijuana,” but few are of much import. This basically says, it’s a “transfer” if it’s illegal.
- (7.5) is amended to create subsection (b):
- (b) permits cultivation, growing, and production of marijuana plants IF:
- Lawful MMJ grow
- Lawful personal grow, and it’s only lawful if:
- It’s in an Enclosed and Locked Space (see note at definition of “Locked Space” for additional discussion)
- If in residence:
- And someone under 21 lives there, the cultivation area itself must be locked
- And no one under 21 lives there, the house’s regular locks are good enough, provided that if someone under 21 visits, access to the cultivation area must be restricted
- (2)(b)(I) is amended to allow for personal grows, but otherwise prohibits “a person to knowingly dispense, sell, distribute or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate; or attempt, induce, attempt to induce, or conspire with one or more other persons, to dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute marijuana or marijuana concentrate.” This is makes it clear that it remains unlawful to do anything that remains unlawful! In other words, anything not in compliance with MMJ or personal grow laws (including things like selling anything without a license, giving away more than an ounce, etc.) remains illegal.
- (2)(b)(II)(B) is created: “‘Dispense’ or ‘distribute’ does not include a transfer without consideration between two persons twenty-one years of age or older as authorized by Section 16....” This is another of the pointless definitions that gets at the point of “no selling anything but retail and medical marijuana.”
18-18-425 is amended to add: “The General Assembly also finds and declares that a person twenty-one years of age or older has a constitutional right to possess, use, display, purchase, transport, sell, and manufacture drug paraphernalia that is limited to the use and consumption of marijuana and marijuana accessories as defined in Section 16....”
27-10.5-109(6): subsection (d) is created to require the Dep’t of Human Services and State Board of Health to promulgate rules “Prohibiting the cultivation, use, or consumption of retail marijuana on the premises of a community residential home.”
From 27-10.5-102(4), NOT SB 283: “‘Community residential home’ means a group living situation accommodating at least four but no more than eight persons, licensed by the state, where services and supports are provided to persons with developmental disabilities.” So, the last amendment will only impact people with developmental disabilities living in group homes.
Just a couple note in general: if you're going to get anything of value in return, other than simple reimbursement (and even then, with a mountain of documents and receipts to back you up), you're probably talking about "Retail marijuana" or "Medical marijuana," both of which require you to be licensed by the state to sell. Also, localities may (and likely will) have their own laws and rules, so make sure to check with your locality as well.
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The entirety of SB 283, of course, is at: http://www.leg.state.co.us/clics/cli...ile=283_01.pdf.
If you have any questions or comments, please don't hesitate to post them! I'll do what I can (when I can) to keep this updated. Of course, I'd be remiss not to do a brief disclaimer, so no one gets in trouble. THIS IS NOT LEGAL ADVICE. IF YOU NEED LEGAL ADVICE, CONSULT WITH AN ATTORNEY.
This set of laws is starting to remind me of the moonshine world, where the product is legal but only certain people can make it and violating the regs can land you in prison. Too many rules to keep up with, the cops/courts/prisons are going to keep doing a great business.
Superb! I have yet to read the law, I usually do but been a little busy.
" we came here to live life like nobody was watching" - Macklemore
Thank you, this is a good interpretation of SB 283.
This is now a sticky!
Another question posted in a different thread got me researching, so I thought I'd share my results:
conducted openly or publicly[,]" but that's defined really broadly as well. All of those key words and phrases are defined above -- (1) enclosed, (2) locked, and (3) open and public -- but they don't add up to requiring the grow be indoors only if adequate steps are taken to secure an outdoor grow.
Thanks for sharing this broken down info for us self sustaining growers here!
Triangle Trippin' and Rectangle Rockin'
I'm bothered by the different growing rules if there are minors in the residence. It's pretty silly where I can store 10 pounds on my living room coffee table but I gotta keep the plants behind locks. Thanks for the post, recreational homegrowers are going to need to watch the laws carefully as the industry will have incentive to make homegrows more difficult. Last week, I heard someone from the industry arguing against Denvers 5% tax because it would increase homegrowing 'and we all now how dangerous that is' - went on to say that increased homegrowing will lead to more crime.
Ok after reading tons of stuff all morning I am still unsure of my options. Any help would be greatly appreciated! I had a chemdawd diesel strain going into its 4th week of flowering in a locked greenhouse. This am found my greenhouse busted down and my girl gone. I know who has it I called and he admitted to it. Can I call local authorities and report trespassing breaking and entering and theft?
Tell them to bring your plants back and fix the greenhouse and you won't prosecute for destruction of property, trespassing (this is big in Colorado) and theft.
After this "person" makes good, prosecute them anyway for their stupidity. I hope this wasn't a "friend".
This is why I hate people.