EXPLANATION OF PROWERS COUNTY ORDINANCE NO. 2017-1

Regulating Personal Growing, Cultivation and Processing of Marijuana

On November 5, 2012, by majority vote, the citizens of Colorado voted to amend the Colorado Constitution to allow for statewide personal growing, cultivation and use of marijuana by individuals 21 years old or older. This became the statewide law in Colorado on December 10, 2012.

Article XVIII, Section 16 of the Colorado Constitution allows persons 21 years old or older to use, grow, cultivate, and process Marijuana for personal use. The same law limits the number of marijuana plants a person over the age of 21 can have in his or her possession to 6 plants. The Colorado Constitution does not, however, limit the number of marijuana plants that could be grown in each residence.

As a result of the passage of Article XVIII, Section 16, many counties, cities and towns in Colorado faced the situation of multiple people, 21 years old or older, residing in a single residence, each with 6 plants which resulted in a concentration of a large number of plants in a single residence with little or no regulation. Such large-scale cultivation of marijuana in individual residences results in odor complaints and, at times, illegal modifications to electrical and ventilation systems to accommodate the growing and cultivation of large-scale residential operations. In response to this situation, many counties, cities and towns have adopted ordinances such as Ordinance No. 2017-1, which restrict the overall number of marijuana plants in a single residence to 12 plants.

Upon the advice of Prowers County Sheriff Sam Zordel and Prowers County Attorney Darla Specht, Prowers County Commissioners adopted Prowers County’s Ordinance No. 2017-1 which (1) RESTRICTS the number of personal-use marijuana plants in a single residence to 12; (2) PROHIBITS growing additional plants in out-buildings on the property; (3) RESTRICTS
growing marijuana to areas that are locked and outside the reach of children; (4) MANDATES residences where marijuana is grown abide by to all building, fire, plumbing, electrical and mechanical codes applicable in Colorado; (5) PROHIBITS the use of dangerous compressed gas to grow marijuana; and (6) PROHIBITS marijuana from being seen or smelled by neighbors and
passersby. Prowers County Ordinance No. 2017-1 only applies in the unincorporated areas of Prowers County (i.e., the portions of Prowers County lying outside the boundaries of cities and towns in Prowers County).

The Prowers County Commissioners do NOT support or endorse the personal or commercial use, growing, cultivation or processing of marijuana in Prowers County. THE PROWERS COUNTY COMMISSIONERS PREVIOUSLY ADOPTED ORDINANCE NO. 2013-1 AND RESOLUTION NO. 2013-9 BANNING COMMERCIAL GROWING AND SELLING OF MARIJUANA AND MEDICAL MARIJUANA IN PROWERS COUNTY. ORDINANCE NO. 2017-1 DOES NOT CHANGE THE BAN ON COMMERCIAL PRODUCTION AND SALE OF MARIJUANA OR MEDICAL MARIJUANA. It does, however, REGULATE production of marijuana for personal use and provides to the Prowers County Sheriff the laws necessary to make sure citizens in the unincorporated areas of Prowers County conduct their personal marijuana production and use in a way that is safer for Prowers County citizens.

Board of Commissioners, Prowers County, Colorado

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