New Marijuana Ordinance Approved for Prowers County

The Prowers County Commissioners approved an ordinance regulating the personal growing, cultivation and procession of marijuana within the county limits during their meeting, November 14^th , 2017.  Ordinance 2017-1 states that there can be no more than 12 plants grown at one specific residence within the county.  They must be cultivated or processed at a primary residence, inclusive of a primary structure.

The plants shall not be grown, processed or cultivated in more than one structure on any single lot, parcel or tract one acre in size or greater, nor will it be grown, cultivated or processed within the common areas of a multi-family or attached residential development. The plants cannot be grown out of doors, but must be confined to a space limited to a contiguous 1000 cubic foot volume.  The ordinance also states that the area must be fully enclosed and locked to ensure accessibility only by the person growing, cultivating or processing the marijuana for medical or personal use and to prevent access by children, visitors, casual passerby or anyone not authorized by law to possess marijuana.

It also prohibits the use of compressed flammable gas (e.g. butane) or flammable liquid from being used in the growing, cultivating or processing of marijuana. The odor of the plants or processing should not be noticeable from any adjoining property or public right-of-way. If the property is rented for growing marijuana, any lessee or tenant shall obtain written, notarized permission from the property owner prior to establishing such use.

Violations and convictions of the ordinance brings a fine of not more than $1,000 for each separate violation, plus a surcharge of $10 under C.R.S. 30-15-1402(2) each day during which such violations exist shall be deemed a separate offense.

Commissioner Tom Grasmick stated, “This is not okaying the sale,” explaining that this is strictly for personal recreation grows of marijuana. The earlier ordinance was not specific as to how many plants could be grown and Prowers County Sheriff, Sam Zordel had recommended the ordinance to clarify that number.  Prior to this ordinance, each person at a specific residence could grow up to six marijuana plants.  Now, that is restricted to only 12 per residence.
By Russ Baldwin