Marijuana and HOAs: Can homeowners groups ban people from growing, using pot?

marijuana home grow 205x205.jpg
Amendment 64, which allows adults 21 and over to use and possess small amounts of marijuana, includes provisions that allow growing cannabis at home. But can homeowners associations put rules in place prohibiting such grows even though they're fine under the Colorado law?

That question will be addressed at a panel discussion tomorrow. But an attorney who'll be taking part in the event believes the answer is, under certain circumstances, "yes."

Here's the passage pertaining to home grows in Amendment 64. It allows the following:

POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING PLANTS, AND POSSESSION OF THE MARIJUANA PRODUCED BY THE PLANTS ON THE PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT THE GROWING TAKES PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT CONDUCTED OPENLY OR PUBLICLY, AND IS NOT MADE AVAILABLE FOR SALE.
marijuana mold study 1.jpg
A photo provided by the Colorado Drug Investigators Association when sharing results of a 2012 marijuana mold study.
This language is now enshrined in the state's constitution, but it may not prevent an HOA from establishing rules of its own, says Jerry Orten. An HOA attorney and spokesman for the Rocky Mountain chapter of the Community Associations Institute, whose Spring Showcase and Trade Show gets underway tomorrow at the Colorado Convention Center, Orten will be front and center at "Marijuana & Other Odors -- What Can and Should HOAs Do," which kicks off at 10:15 a.m. Other panelists include attorney Christian Sederberg, who represented the campaign on the Amendment 64 task force, plus Wellness Shop owner Jeremy Kilborne and HOA community manager Matt Egan.

"It's not a given that HOAs are going to jump into this issue head over heels," Orten says. "Many of them may look at this and evaluate it and potentially do nothing, leaving all the regulatory authority to either state or local government. But some HOAs might jump into it."

Orten believes they have every right to do so.

"In my view, and probably in the view of most, HOAs have the authority," he maintains. "The constitutional amendments, Amendment 64 and Amendment 20," a 2000 measure that legalized medical marijuana in Colorado, "apply principally to government. It doesn't apply to private rights, and essentially, HOAs are private communities.

"If they want to create a more restrictive regime, they can -- and that's what some communities may want to do, because either the smell of growing cannabis or the smell of smoked cannabis may be offensive to others in the community."

The Colorado Clean Indoor Air Act of 2006 "puts a number of limitations on where you can smoke tobacco," Orten points out, "and also other types of smoke others might find offensive: pipe smoke, cigar smoke, other unique cooking odors." Presumably, marijuana smoke would fall under this measure as well.

But could HOAs ban marijuana simply because those in charge have a moral objection to its legalization? That's where things could get tricky.

Continue for more of our interview about marijuana and homeowners associations.


My Voice Nation Help
87 comments
Liv Michaelson
Liv Michaelson

Considering that the law only allows people to grow marijuana inside, I don't see how an HOA can control that. People have the privacy to do what they want in their own homes.

Michael Sink
Michael Sink

NO, and if they do not agree they are obviously part of the minority of the state who voted NO on 64. Perhaps if people are so bent out of shape they should move somewhere it is still illegal. The people have spoken, the overwhelming majority have spoken. Get over it.

JimTom
JimTom topcommenter

It's real simple people if you don't want an HOA don't buy where there is one. If you don't like the rules get on the HOA board. My HOA has to beg people to be on the board. If all you losers that complain about HOA's would get off you ass and get involved maybe you could have an impact instead of just whinning about HOA's. My HOA won't pass any rules because I am the president of the HOA and will soon be the only memeber of the board, because the other 234 residents of my townhomes are too fucking lazy to give 2 hours of the precious time to worring about where they live. This is why all you losers hate HOA's because you are to lame to get involved in what directly impacts your life. No different than the lame assholes that cry about the government but don't vote or worse go vote without a clue what they are voting on. I will make sure my LIMITED right to produce my own weed will not be infringed. If you whinners weren't so fucking laze and apathetic you would stand up for yourselves. But you know you are just going to keep bitching and whinning while sitting on your ass doing nothing.

Robert Barnhart
Robert Barnhart

HOAs are probably the most anti-american form of housing in the United States. HOAs are similar to dictatorships.

Louis Lieb
Louis Lieb

HOA's are wasteful too--Colorado is a semi-desert, yet HOA's penalize members for having an insufficiently green lawn.

Shawn Weber
Shawn Weber

Can they dictate who you poke in your own home too?

Timothy Black
Timothy Black

And this, folks, is why capitalism fails and cannot work without exploitation. The state grants some people property owner rights over other peoples' possessions.

Jeremy Stone
Jeremy Stone

HOA can restrict you from how many panes are in each piece of glass in a window, but on the other hand, if you are dependent on your meds and they restrict you from that, there might be an argument against what the HOA can do that might impair the health and well being of a resident

Jeff Williams
Jeff Williams

they can do whatever they want... my HOA doesn't want it here and will not support A64 yet as i have my medical card they stand behind it as medical use...

Tim Martin
Tim Martin

An hoa is a bad choice for a toker

Den420ver
Den420ver

No HOA's do not have right. So F*ck Off!

DonkeyHotay
DonkeyHotay topcommenter

NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, EMPLOYER, SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION OR ANY OTHER ENTITY WHO OCCUPIES, OWNS OR CONTROLS A PROPERTY FROM PROHIBITING OR OTHERWISE REGULATING THE POSSESSION, CONSUMPTION, USE, DISPLAY, TRANSFER, DISTRIBUTION, SALE, TRANSPORTATION, OR GROWING OF MARIJUANA ON OR IN THAT PROPERTY.

Good thing that Lyin' Brian Vicente and the PROHIBITIONIST PIMPS who promoted that festering turd A64 deliberately and explicitly INCLUDED this TOTAL SURRENDER into the language of the Colorado CONSTITUTION!

Remember stoners -- REGULATION WORKS !!

Get REGULATED, bitches!



Sedonasherpa
Sedonasherpa

In cases where existing electrical 110 has been altered or stacked! (6 cords = 1 outlet)  AND any 4000 watt lights should be banned. IN attached homes, no plants can be grown with automatic watering systems and no rooms can be converted solely for growing plants. All plants must be potted and 100% portable at all times.  No Co2 and no hydroponic...

This does not stop a person from growing a personal use amount...without burning down...or flooding the barn!

Supernova49
Supernova49

"In my view, and probably in the view of most, HOAs have the authority," says Jerry Orten. An HOA attorney.

 This guy makes a living fucking homeowners. Of course his nazi mind thinks HOA's can do any damn thing they want.

Chad Hill
Chad Hill

Lol, are they going to post leaf blowers at our windows? How will they enforce?

Josh Bradley
Josh Bradley

Grow it right and nobody will ever know unless you run your mouth like an idiot. What was the point of legalizing if every group out there (municipality, hoa, whatever) can ban them? To me legal is legal regardless of outdated, paranoid opinions.

BackOffImStarving
BackOffImStarving topcommenter

HOAs are for people still bitter about losing student government elections.

Peace Will Win
Peace Will Win

oh, in america, it's alwayas someone elses business

Half Aspen
Half Aspen

I haven't given a flying rat f*ck what my HOA has had to say since I moved here.

instntkrma
instntkrma

What's going on inside someone's home is none of an HOA's business. When someone buys a home in an HOA neighborhood, they can expect to be restricted as far as landscaping, painting, outside repair, cement, lawn care... but people do not expect an HOA to have any authority on the inside of a house. 

If marijuana growing can be limited by an HOA - then so could alternative lifestyles, the 2nd amendment/gun possession, cooking "smelly" meat... if marijuana smoke is not okay  then how can cigarette smoke be okay? are we going to tell people they can't smoke in their own homes? 

That said, ANYONE in an HOA or not, that has neighbors and grows, should run charcoal filters for their own privacy and security - and also out of respect for their neighbors.  The odor of growing cannabis is pleasant (imo) they are just flowers after all, but there is no need to loudly proclaim that one is growing. It is about sensibilities, and the less notice people take, the better for everyone.

bandit
bandit

@JimTom Your ass, not you ass. whining, not whinning. their precious time, not the precious time. too lame, not to lame. lazy, not laze. whiners have many asses, not one ass. You're the president of something? Scary.

DonkeyHotay
DonkeyHotay topcommenter

@Den420ver = legal FAIL!

Tell us who -- exactly -- forced you to agree to the terms and conditions of the HOA ?

If you don't like it, then don't buy or rent in an HOA.



Wastrel
Wastrel

@Supernova49 When someone moves into an HOA, he gives up some freedom, thinking he is getting some security.  He deserves neither.

DonkeyHotay
DonkeyHotay topcommenter

@Supernova49 ... so who forced you -- or anyone else -- to agree to the Terms and Conditions of an HOA ?

If you don't like the HOA, then don't buy or rent a home in an HOA REGULATED subdivision.

Remember -- REGULATION WORKS!!

Now bend over and get REGULATED!



DonkeyHotay
DonkeyHotay topcommenter

@Josh Bradley "What was the point of legalizing if every group out there (municipality, hoa, whatever) can ban them? "

STUPID Stoners are as STUPID Stoners do !!

You brain-dead retards who wrote, promoted and voted for A64 EXPLICITLY granted every city and county the POWER to COMPLETELY BAN commercial marijuana activities.

You PUNKED YOURSELF, chump!

DonkeyHotay
DonkeyHotay topcommenter

@instntkrma "When someone buys a home in an HOA neighborhood, they ..."

EXPLICITLY AGREE to be bound by the Terms, Conditions, Rules and REGULATIONS of the HOA. 

Don't like it? ... then don't purchase in an HOA regulated community.

Remember stoners -- REGULATION WORKS !!



michael.roberts
michael.roberts moderator editortopcommenter

@instntkrma Very interesting post, instntkrma -- and one definitely deserving of being an upcoming Comment of the Day. Thanks.

JimTom
JimTom topcommenter

@bandit Do you actually have opinion or are you just another overpaid grammar teacher?

DonkeyHotay
DonkeyHotay topcommenter

@stuka1 

stuka1  "I have better things to do than respond to your inane babblings [sic]."

Sad FAILURE.

JimTom
JimTom topcommenter

Sounds like today's America.

stuka1
stuka1

@DonkeyHotay = can't go a day, nay, an hour without indulging in its penchant for gay anal sex, gay anal fisting, and eating feces.

hth you chickenshit whiny pussy

stuka1
stuka1

@DonkeyHotay  

HOAs aren't cities or counties, you drooling pig-ignorant chickenshit whiny pussy imbecile troll.

DonkeyHotay
DonkeyHotay topcommenter

@stuka1 = OCD bestiality freak

stuka1  "I have better things to do than respond to your inane babblings [sic]."


DonkeyHotay
DonkeyHotay topcommenter

@stuka1 = OCD perpetual liar

stuka1  "I have better things to do than respond to your inane babblings [sic]."



DonkeyHotay
DonkeyHotay topcommenter

@stuka1 = lying loser

stuka1  "I have better things to do than respond to your inane babblings [sic]."


DonkeyHotay
DonkeyHotay topcommenter

@stuka1

stuka1  "I have better things to do than respond to your inane babblings [sic]."

Epic FAIL from the King of Failure!

FivePointsSteve
FivePointsSteve

@DonkeyHotay @stuka1 


You can spam the board with all the inane drivel you want.

That won't change the fact that you're an irrelevant whiny pussy troll.

Now go put THAT in your pipe and smoke it!

DonkeyHotay
DonkeyHotay topcommenter

@stuka1 = super loser

stuka1  "I have better things to do than respond to your inane babblings [sic]."


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