Medical marijuana: Park County plan makes home grows open to warrantless inspection

Categories: Marijuana

Earlier this month, Park County commissioners proposed an ordinance that would put onerous restrictions on home medical marijuana grows.

In addition, county officials would be granted unfettered access to such operations.

Currently, caregivers are allowed to grow in commercial, industrial and residential areas throughout Park County. The proposed ordinance would restrict growing in residential areas to primary residences and require caregivers to prove full-time residence in a house. The idea, commissioners say, is to avoid having people use vacant homes as grow facilities.

Citing a concern for public safety, the commissioners would also require anyone growing medical marijuana in Park County to make his or her grow available to the fire department or county employees at any time, without a warrant. In addition, the ordinance would require that there be no signs of a growing operation outside of a designated grow room, which cannot encompass more than 150 square feet in a single-family home or 100 square feet in a multi-family unit. That includes any grow materials or supplies left out, smells or "fugitive light" escaping from a grow room, as well as "undue traffic." And finally, all grows must be built in accordance with local fire, electrical, water and sewer regulations.

Not meeting any of these stipulations could mean a fine of $1,000 for every day that the violation occurs.

Attorneys for Park County have said that they fear a clash with state laws if the regulations are passed, as noted in a February 10 story in Park County's weekly newspaper, The Flume. The state constitution allows for patients to grow up to six plants for themselves in their homes and to be caregivers for as many as five patients, with a total of fifteen plants in bloom and fifteen in a vegetative state at any given time.

However, the City of Denver imposed similar restrictions last year that limited grows to a total of twelve plants. So far, that ordinance has not been challenged in court.

Calls to commissioners this week were not immediately returned. However, they've asked for public comment and say they will continue to work on the proposal into next month. Comments can be sent to teisenman@parkco.us.

More from our Marijuana archive:"Medical marijuana seizure letters: 22 shops shut, five enforcement actions" and "THC driving bill: Schedule I and II drug additions broaden rejected measure."


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10 comments
Rico
Rico

They cannot randomly inspect patient grows with out a warrant. 

between the lines
between the lines

Watch these conservative law-makers really squirm when we legalize in November. They aren't gonna know what to do. :)

Robert Chase
Robert Chase

DISQUS lost my comment, it takes forever to load -- when will Village Voice Media dump this crap?

The people who have managed to get elected to run Park County and Denver do not represent the interests of the people who live there, and they are waging war against our rights.  These unconstitutional ordinances should be being challenged vigorously in court, but citizens should not have to defend themselves against a representative government.  Remove these swine now!

This November legalize cultivation of a little cannabis for personal use.

******* VOTE YES ON A64! *******

LarryQ5
LarryQ5

New daytime soap "The Fugitive Light" where reality is blurred and the munchies just keep a commin'.

Donkey Hotay
Donkey Hotay

And the fools promoting Amendment 64 want to give the goons at the Dept. of Revenue Criminal EnFORCEment Division the power to do this STATEWIDE !!

Stupid is as Stupid does!

**** Vote NO on A64 !! ****

Mark M.
Mark M.

 I like how Robert Chase has become the only person on these blogs promoting A64. Come on, Robert, can't you get SAFER to cut you a paycheck? They had over $1 million invested in this campaign, and more to come, yet somehow they can't hire someone to defend their initiative on the blogs? The well-funded SAFER/Sensible team has to rely on Robert Chase to defend their language? Was it Donkey Hotay that always says "stupid stoners are as stupid stoners do"?

Mark M.
Mark M.

 Stupid stoners and greedy di$pen$ary owners have caused more harm than good. They've brought the feds to Colorado and now are allowing local cops to have their way with them. Oh for the days of simple prohibition, when Colo. mj law was only 3 pages long instead of 20. The Am. 64 people don't get it -- more laws = more prohibition, not less. Donkey is right, no on A64!

Robert Chase
Robert Chase

(yes, it was that eminent commenter made that piercingly brilliant observation)

If someone sends the Colorado Coalition for Patients and Caregivers an anonymous donation, I won't very well be able to return it, but I am motivated mainly by rectitude.

Mark M.
Mark M.

 Sorry Colo. mmj law is over 200 pages now, not 20

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