HomeMy WebLinkAboutbocc.ord.024.2016 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
AUTHORIZING AMENDMENTS TO SECTIONS 6.48 AND 6.49
OF THE PITKIN COUNTY CODE REGULATING
RETAIL AND MEDICAL MARIJUANA LICENSING
ORDINANCE NO.D ti -2016
RECITALS
1. The purpose of Pitkin County's retail and medical marijuana regulations is to authorize
licensing in unincorporated Pitkin County as provided by state statute by establishing specific
standards and procedures for local licensing of retail marijuana establishments and of medical
marijuana centers,medical marijuana infused products manufacturers,and optional premises
medical marijuana cultivation operations.
2. The Board of County Commissioners ("Board") is authorized to amend Pitkin County's
Retail and Medical Marijuana Licensing Regulations from time to time as necessary to protect
the health safety, and welfare of the residents of Pitkin County.
3. The following amendments are hereby made to Section 6.48 and 6.49 of the Pitkin
County Code regulating retail and medical marijuana licensing:
a. Section 6.48.070(C)(16) and Section 6.49.070(C)(17) shall be amended to reflect
that in addition to an application for any type of retail or medical marijuana establishment being
referred for recommendation and comment to the caucus in which the proposed licensed facility
is located, such applications shall also be referred to any other caucus that has a reasonable
expectation of experiencing impacts related to the issuance of the license.
b. Section 6.49.100(H) shall be amended to permit the sale of marijuana accessories
at medical marijuana centers,limited exclusively to those accessories needed for ingesting,
inhaling,or otherwise introducing marijuana into the human body,as defined by Section 16,
Article XVIII of the Colorado Constitution.
c. Section 6.49.140 shall be amended to reflect an initial medical marijuana
licensing application fee of$2,500.
d. Section 6.48.140 shall be amended to reflect that retail marijuana operating fees
are fees in addition to application fees.
e. Sections 6.48.140 and 6.49.140 shall be amended to reflect that all additional
costs over the amount of applicable application fees (and operating fees in the case of retail
medical marijuana),to investigate,remediate, process referrals or otherwise respond to
applications or violations of State or County laws or license conditions shall be the responsibility
ORDINANCE 7 2016
PAGE 2
of the licensee and shall be remitted to Pitkin County at a rate of$350 per hour of staff time.
Failure to pay these costs are grounds for revocation of all license issued to the licensee.
7. The BOCC finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and
therefore declares this ordinance and legislation to be effective immediately.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that Sections 6.48.070(C)(16), 6.49.070(C)(17), 6.49.100(H), 6.48.140
and 6.49.140 of the Pitkin County Code regulating retail and medical marijuana licensing are
hereby amended as set forth above and depicted in redline on Exhibit 1 attached hereto.
INTRODUCED AND FIRST READ ON THE 26TH DAY OF SEPTEMBER 2016 AND SET
FOR SECOND READING AND PUBLIC HEARING ON THE 2ND DAY OF NOVEMBER
2016.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THF,
ORD CE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE alt DAY
OF h,e✓ 2016.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ii
ON THE OFIgj-IAL PITKIN COUNTY WEBSITE( www.pitkincounty.com )ON THE
C/
DAY OF 12,e Y 2016.
A Gal
ADIOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF
) I Gt/L-lA/Lbu2.r 2016.
PUBLISHED BY TITLE AND SHORT SUMM4RY,AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE Mk DAY OF 2016.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFF, ICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE DAY OF/Ioci-e_ixkev,2016.
THIS ORDINANCE IS EI}FECTIVE ON //-2 - , 2016.
T: BOARD OF COUNTY COMMISSIONERS
,/
B} if .r, iL' By: .
Je. ette Jones Rachel Richards, Chair
D Duty County Cl-rk
Date: //-9-
APPROVED
/-9-APPROVED AS TO FORM: MANAGER APPROVAL:
2
ORDINANCE# .,/V'2„016
PAGE
PAGE2
�.
John Ely,C•. orney Jon Pea ck, County Manager
3
EXHIBIT 1
Amendments to the Pitkin County Code Regulating Retail and
Medical Marijuana Licensing(Depicted in Redline)
RETAIL MARIJUANA LICENSING REGULATIONS
6.48.070(C)(16): REVIEW CRITERIA
16. A license will not be issued for any type of retail marijuana establishment in the
following Caucus Areas: Snowmass-Capitol, Frying Pan, Woody Creek and Emma. A license
for a retail marijuana store will not be issued within the Town of Redstone (Village Commercial
District) in the Crystal River Caucus. The prohibition on the issuance of licenses described in
this paragraph shall remain in place until February 15, 2018. All applications for any type of
retail marijuana establishment shall be referred for recommendation and comment to the
apprepfiate-caucus of the proposed licensed facility and any other caucus that has a reasonable
expectation of experiencing impacts related to the issuance of the license.
awl-comme#-
6.48.140: OPERATING FEES
Operating Fees are fees in addition to application fees.
All additional costs over the amount of applicable application and operating fees to investigate,
remediate, process referrals or otherwise respond to applications or violations of State and
County laws or license conditions shall be the responsibility of the licensee and shall be remitted
to Pitkin County at the rate of$350 per hour of staff time. Failure to pay these costs are grounds
for revocation of all licenses issues to the licensee.
Operating Fees Applicable to: Initial License Renewal
License
Retail marijuana store $3,000 $1,500
Retail marijuana cultivation facility $3,000 $1,500
Retail marijuana products manufacturing facility $3,000 $1,500
Retail marijuana testing facility $3,000 $1,500
Modification of Premises $ 150
Payments shall be made payable to the Pitkin County Treasurer. All fees are nonrefundable and
must be paid at or before the time of any license issuance. All fees associated with these
regulations shall be used as general funds of Pitkin County.
MEDICAL MARIJUANA LICENSING REGULATIONS
6.49.070(C)(17):
17. All applications for any type of medical marijuana establishment shall be referred for
recommendation and comment to applicable-the caucus of the proposed licensed facility areas
and to any other caucus that has a reasonable expectation of experiencing impacts related to the
issuance of the license; . - ••• . . --- - ;
6.49.100: FACILITY REQUIREMENTS
H. No products other than marijuana or products containing marijuana and marijuana
accessories, limited exclusively to those accessories needed for ingesting, inhaling, or otherwise
introducing marijuana into the human body as defined by Section 16, Article XVIII of the
Colorado Constitution, shall be available for sale at medical marijuana centers.
6.49.140: APPLICATION FEES
The application fee for any type of initial medical marijuana license is$44400$2,500.The
application fee for a modification of premises application is$150. The fee to renew any type of
medical marijuana license is$1,000.
All additional costs over the amount of applicable application fees to investigate, remediate,
process referrals or otherwise respond to applications or violations of State and County laws or
license conditions shall be the responsibility of the licensee and shall be remitted to Pitkin
County at the rate of$350 per hour of staff time. Failure to pay these costs are grounds for
revocation of all licenses issues to the licensee.
Payments shall be made payable to the Pitkin County Treasurer. All fees are nonrefundable and
must be paid at or before the time of any license issuance. All fees associated with these
regulations shall be used as general funds of Pitkin County.
5
1W3r2016 FOCUS-1 Result-Section 16 PERSONAL USE AND REGULATION OF MARIJUANA
•
(c) "Department" means the department of revenue or its successor agency.
(d) "Industrial hemp" means the plant of the genus cannabis and any part of such plant, whether
growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths
percent on a dry weight basis.
(e) "Locality" means a county, municipality, or city and county.
(f) "Marijuana" or "marihuana" means all parts of the plant of the genus cannabis whether growing or
not, the seeds thereof, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including
marihuana concentrate. "Marijuana" or "marihuana" does not include industrial hemp, nor does it include
fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the
plant which is incapable of germination, or the weight of any other ingredient combined with marijuana
to prepare topical or oral administrations, food, drink, or other product.
(g) "Marijuana accessories" means any equipment, products, or materials of any kind which are used,
intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting,
composting, manufacturing, compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting,
inhaling, or otherwise introducing marijuana into the human body.
(h) "Marijuana cultivation facility" means an entity licensed to cultivate, prepare, and package marijuana
and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other
marijuana cultivation facilities, but not to consumers.
(i) "Marijuana establishment" means a marijuana cultivation facility, a marijuana testing facility, a
marijuana product manufacturing facility, or a retail marijuana store.
(j) "Marijuana product manufacturing facility" means an entity licensed to purchase marijuana;
manufacture, p-epare, and package marijuana products; and sel: marijuana and marijuana products to
other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
(k) "Marijuana products" means concentrated marijuana products and marijuana products that are
comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not
limited to, edib'e products, ointments, and tinctures.
(I) "Marijuana testing facility" means an entity licensed to analyze and certify the safety and potency of
marijuana.
(m) "Medical marijuana center" means an entity licensed by a state agency to sell marijuana and
marijuana prodacts pursuant to section 14 of this article and the Colorado Medical Marijuana Code.
(n) "Retail marijuana store" means an entity licensed to purchase marijuana from marijuana cultivation
facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to
sell marijuana and marijuana products to consumers.
(o) "Unreasonably impracticable" means that the measures necessary to comply with the regulations
require such a high investment of risk, money, time, or any other resource or asset that the operation
of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent
businessperson.
(3) PERSONAL USE OF MARIJUANA. Notwithstanding any other provision of law, the following acts are
not unlawful and shall not be an offense under Colorado law or the law of any locality within Colorado or
be a basis for seizure or forfeiture of assets under Colorado law for persons twenty-one years of age or
older:
(a) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or
less of marijuana.
(b) Possessing, growing, processing, or transporting no more than six marijuana plants, with three or
http/Aveb.lexisnexis.com/reseerchretrieve?_m=cOf357f7d9e734c4bc7eac13d350efcbScsvc=fodcform=seerchFormS WO.=FULLBAocrrm=l3_startdoc=1.. 2/8
1
AGENDA ITEM SUMMARY
REGULAR MEETING DATE: November 2, 2016
AGENDA ITEM TITLE: Amendments to Sections 6.48 and 6.49 of the Pitkin
County Code Regulating Retail and Medical Marijuana
Licensing
STAFF RESPONSIBLE: Jeanette Jones—John Ely
ISSUE STATEMENT: Shall the Board of County Commissioners (BOCC) amend Title 6,
Sections 6.48 and 6.49 of the Pitkin County Code regulating retail and medical marijuana licensing.
•BACKGROUND:
1) The current initial application fee for a medical marijuana license is $1,000. Staff
recommends that this be raised to $2500 to make it more consistent with the retail marijuana
application fee and more fully cover the costs of processing an application.
2) At a work session on August 2nd, the BOCC heard a presentation and a request from a
licensee to reconsider the medical marijuana regulations to allow the selling of certain
paraphernalia in medical marijuana centers. At that meeting staff was asked to bring back an
amendment to the regulations to allow for certain accessories to be sold in medical
establishments so clients are able to purchase the accessory they need for their individual
health purposes.
3) County staff has experienced a significant increase in staff time processing referrals,
responding to applicant's questions,inspections,etc., which includes not only the clerk but
other departments such as environmental health and the building department.
4) This item was a topic of discussion at the October 11th work session at which time the board
asked staff to bring an ordinance forward with an additional amendment as follows:
All applications for any type of retail marijuana establishment shall be referred for
recommendation and comment to the caucus of the proposed licensed facility and any
other caucus that has a reasonable expectation of experiencing impacts related to the
issuance of the license.
The BOCC approved this Ordinance on first reading on October 26th and its before you at this time
for a second reading and public hearing.
KEY DISCUSSION ITEMS: Staff is recommending the following amendments to Section 6.48
and 6.49 of the code:
Section 6.49.140 of the Pitkin County Code amended to reflect an initial medical marijuana licensing
application fee of$2,500.
Section 6.49.100(H)of the Pitkin County Code amended to include marijuana accessories, as
defined by Section 16, Article XVIII of the Colorado Constitution, as allowable for sale at medical
marijuana centers.
Sections 6.48.140 and 6.49.140 to be amended to reflect that all additional costs over the amount of
applicable application fees (and in the case of retail medical marijuana, operating fees), to
investigate, remediate,process referrals, or otherwise respond to applications of violations of State
or County laws or license conditions shall be the responsibility of the licensee and shall be remitted
to Pitkin County at a rate of$350 per hour of staff time. Failure to pay these costs are grounds for
revocation of all license issued to the licensee.
Section 6.48.070(c)(16); to be amended to state: All applications for any type of retail
marijuana establishment shall be referred for recommendation and comment to the caucus of the
proposed licensed facility and any other caucus that has a reasonable expectation of experiencing
impacts related to the issuance of the license.
RECOMMENDED BOCC ACTION: Open the public hearing and approve the Ordinance on
second reading.
ATTACHMENTS: 1) Proposed Ordinance Amending Title 6.48 and 6.49 of the Code
2) Definition of Marijuana Accessories (Section 16, Article XVIII)
45,e 3
nwat (4 nia al I
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY
AUTHORIZING AMENDMENTS TO SECTIONS 6.48 AND 6.49
OF THE PITKIN COUNTY CODE REGULATING
RETAIL AND MEDICAL MARIJUANA LICENSING
ORDINANCE NO. -2016
RECITALS
1. The purpose of Pitkin County's retail and medical marijuana regulations is to authorize
licensing in unincorporated Pitkin County as provided by state statute by establishing specific
standards and procedures for local licensing of retail marijuana establishments and of medical
marijuana centers, medical marijuana infused products manufacturers, and optional premises
medical marijuana cultivation operations.
2. The Board of County Commissioners ("Board") is authorized to amend Pitkin County's
Retail and Medical Marijuana Licensing Regulations from time to time as necessary to protect
the health safety, and welfare of the residents of Pitkin County.
3. The following amendments are hereby made to Section 6.48 and 6.49 of the Pitkin
County Code regulating retail and medical marijuana licensing:
a. Section 6.48.070(C)(16) and Section 6.49.070(C)(17) shall be amended to reflect
that in addition to an application for any type of retail or medical marijuana establishment being
referred for recommendation and comment to the caucus in which the proposed licensed facility
is located, such applications shall also be referred to any other caucus that has a reasonable
expectation of experiencing impacts related to the issuance of the license.
b. Section 6.49.100(H) shall be amended to permit the sale of marijuana accessories
at medical marijuana centers, limited exclusively to those accessories needed for ingesting,
inhaling, or otherwise introducing marijuana into the human body, as defined by Section 16,
Article XVIII of the Colorado Constitution.
c. Section 6.49.140 shall be amended to reflect an initial medical marijuana
licensing application fee of$2,500.
d. Section 6.48.140 shall be amended to reflect that retail marijuana operating fees
are fees in addition to application fees.
e. Sections 6.48.140 and 6.49.140 shall be amended to reflect that all additional
costs over the amount of applicable application fees (and operating fees in the case of retail
medical marijuana),to investigate, remediate,process referrals or otherwise respond to
applications or violations of State or County laws or license conditions shall be the responsibility
rcL5 L(
ORDINANCE# 2016
PAGE 2
of the licensee and shall be remitted to Pitkin County at a rate of$350 per hour of staff time.
Failure to pay these costs are grounds for revocation of all license issued to the licensee.
7. The BOCC finds that adoption of this ordinance is necessary for the immediate
preservation of the public health, safety and welfare of the citizens of Pitkin County and
therefore declares this ordinance and legislation to be effective immediately.
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that Sections 6.48.070(C)(16), 6.49.070(C)(17), 6.49.100(H), 6.48.140
and 6.49.140 of the Pitkin County Code regulating retail and medical marijuana licensing are
hereby amended as set forth above and depicted in redline on Exhibit 1 attached hereto.
INTRODUCED AND FIRST READ ON THE 26TH DAY OF SEPTEMBER 2016 AND SET
FOR SECOND READING AND PUBLIC HEARING.ON THE 2ND DAY OF NOVEMBER
2016.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY
OF 2016.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE( www.pitkincounty.com) ON THE
DAY OF 2016.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF
2016.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION,IN THE ASPEN
TIMES WEEKLY ON THE DAY OF 2016.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE DAY OF , 2016.
THIS ORDINANCE IS EFFECTIVE ON , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By By:
Jeanette Jones Rachel E Richards, Chair
Deputy County Clerk
Date:
APPROVED AS TO FORM: MANAGER APPROVAL:
2
/-*P4..s
ORDINANCE# 2016
PAGE 2
John Ely, County Attorney Jon Peacock, County Manager
3
EXHIBIT 1
Amendments to the Pitkin County Code Regulating Retail and
Medical Marijuana Licensing(Depicted in Redline)
RETAIL MARIJUANA LICENSING REGULATIONS
6.48.070(C)(16): REVIEW CRITERIA
16. A license will not be issued for any type of retail marijuana establishment in the
following Caucus Areas: Snowmass-Capitol,Frying Pan,Woody Creek and Emma. A license
for a retail marijuana store will not be issued within the Town of Redstone (Village Commercial
District) in the Crystal River Caucus. The prohibition on the issuance of licenses described in
this paragraph shall remain in place until February 15, 2018. All applications for any type of
retail marijuana establishment shall be referred for recommendation and comment to the
appropriate-caucus of the proposed licensed facility and any other caucus that has a reasonable
expectation of experiencing impacts related to the issuance of the license.
ander
6.48.140: OPERATING FEES
Operating Fees are fees in addition to application fees.
All additional costs over the amount of applicable application and operating fees to investigate,
remediate,process referrals or otherwise respond to applications or violations of State and
County laws or license conditions shall be the responsibility of the licensee and shall be remitted
to Pitkin County at the rate of$350 per hour of staff time. Failure to pay these costs are grounds
for revocation of all licenses issues to the licensee.
Operating Fees Applicable to: Initial License Renewal
License
Retail marijuana store $3,000 $1,500
Retail marijuana cultivation facility $3,000 $1,500
Retail marijuana products manufacturing facility $3,000 $1,500
Retail marijuana testing facility $3,000 $1,500
Modification of Premises $ 150
Payments shall be made payable to the Pitkin County Treasurer. All fees are nonrefundable and
must be paid at or before the time of any license issuance. All fees associated with these
regulations shall be used as general funds of Pitkin County.
MEDICAL MARIJUANA LICENSING REGULATIONS
6.49.070(C)(17):
17. All applications for any type of medical marijuana establishment shall be referred for
recommendation and comment to awe-the caucus of the proposed licensed facility areas
and to any other caucus that has a reasonable expectation of experiencing impacts related to the
issuance of the license; . . . -- . . - •-- - ;
6.49.100: FACILITY REQUIREMENTS
H. No products other than marijuana or products containing marijuana and marijuana
accessories, limited exclusively to those accessories needed for ingesting, inhaling, or otherwise
• introducing marijuana into the human body as defined by Section 16, Article XVIII of the
Colorado Constitution, shall be available for sale at medical marijuana centers.
6.49.140: APPLICATION FEES
The application fee for any type of initial medical marijuana license is X000$2,500. The
application fee for a modification of premises application is $150. The fee to renew any type of
medical marijuana license is $1,000.
All additional costs over the amount of applicable application fees to investigate, remediate,
process referrals or otherwise respond to applications or violations of State and County laws or
license conditions shall be the responsibility of the licensee and shall be remitted to Pitkin
County at the rate of$350 per hour of staff time. Failure to pay these costs are grounds for
revocation of all licenses issues to the licensee.
Payments shall be made payable to the Pitkin County Treasurer. All fees are nonrefundable and
must be paid at or before the time of any license issuance. All fees associated with these
regulations shall be used as general funds of Pitkin County.
5
1Q''3'2016 FOCUS-1 Result-Sectim 16 PERSONAL USE AND REGULATION OF MARIJUANA
I
(c) "Department" means the department of revenue or its successor agency. /1-14-(4101(401
(d) "Industrial hemp" means the plant of the genus cannabis and any part of such plant, whether
growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed three-tenths
percent on a dry weight basis.
(e) "Locality" means a county, municipality, or city and county.
(f) "Marijuana" or "marihuana" means all parts of the plant of the genus cannabis whether growing or
not, the seeds thereof, the resin extracted from any part of the plant, and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including
marihuana concentrate. "Marijuana" or "marihuana" does not include industrial hemp, nor does it include
fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the
plant which is incapable of germination, or the weight of any other ingredient combined with marijuana
to prepare topical or oral administrations, food, drink, or other product.
(g) "Marijuana accessories" means any equipment, products, or materials of any kind which are used,
intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting,
composting, manufacturing, compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting,
inhaling, or otherwise introducing marijuana into the human body.
(h) "Marijuana cultivation facility" means an entity licensed to cultivate, prepare, and package marijuana
and sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other
marijuana cultivation facilities, but not to consumers.
(i) "Marijuana establishment" means a marijuana cultivation faci'ity, a marijuana testing facility, a
marijuana product manufacturing facility, or a retail marijuana store.
(j) "Marijuana product manufacturing facility" means an entity licensed to purchase marijuana;
manufacture, prepare, and package marijuana products; and sel: marijuana and marijuana products to
other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers.
(k) "Marijuana products" means concentrated marijuana products and marijuana products that are
comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not
limited to, edible products, ointments, and tinctures.
(I) "Marijuana testing facility" means an entity licensed to analyze and certify the safety and potency of
marijuana.
(m) "Medical marijuana center" means an entity licensed by a state agency to sell marijuana and
marijuana products pursuant to section 14 of this article and the Colorado Medical Marijuana Code.
(n) "Retail marijuana store" means an entity licensed to purchase marijuana from marijuana cultivation
facilities and marijuana and marijuana products from marijuana product manufacturing facilities and to
sell marijuana and marijuana products to consumers.
(o) "Unreasonably impracticable" means that the measures necessary to comply with the regulations
require such a high investment of risk, money, time, or any other resource or asset that the operation
of a marijuana establishment is not worthy of being carried out in practice by a reasonably prudent
businessperson.
(3) PERSONAL USE OF MARIJUANA. Notwithstanding any other provision of law, the following acts are
not unlawful and shall not be an offense under Colorado law or the law of any locality within Colorado or
be a basis for seizure or forfeiture of assets under Colorado law for persons twenty-one years of age or
older:
(a) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or
less of marijuana.
(b) Possessing, growing, processing, or transporting no more than six marijuana plants, with three or
http:/1web.lexisnexis.com/researchiretrieve?_m=c0f357f7d9e734c4bc7eac13d350efcb&csvc=facform=searchFormB fmtstr=FULLBdocnum=1&_startdoc=1.. 218