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Is Marijuana Growth and Distribution Restricted in PCVA?

4/14/2022

 
Per the PCVA limited amendment made February 6, 2017 - "No owner, occupant, or other Person may use the Unit, any portion of the Unit or the Properties for the purpose of growing, cultivating, processing or distributing marijuana, including but not limited to, medical marijuana as a caregiver for any person not residing at that Unit. Notwithstanding the foregoing, an Owner or occupant may possess and grow up to a maximum of twelve (12) marijuana plants total in the Unit, whether the plants are medical marijuana plants, marijuana plants for personal use, or any combination thereof, with one -half (1/2) or fewer being mature, flowering plants; provided however, plants may be possessed and grown only within a primary residence and not within an accessory structure. The Owner or occupant must comply at all times with the Colorado Springs City Code Section 7.3.105P, as may be amended from time to time. No unit may be used for the processing, production, or use of hash oil, whether for personal use or distribution. The restrictions in this section may be futher clarified by the Board through rules and regulations. Owner will be responsible for any costs or damages resulting from a violation of this section."

See the amendment at   https://www.pcva.org/uploads/7/8/8/7/78875826/06_feb_2017_pcva_limited_amendment__short_term_rentals_and_marijuana_growing_and_distribution_.pdf

It is up to each individual to understand and follow the law.

9.7.207: CONSUMPTION OF MARIJUANA IN PUBLIC PROHIBITED: It shall be unlawful for any person to consume marijuana in or upon any street, alley, avenue, or park, or upon any public stairway or hall, or in any other public place within the City. (Ord. 13-19)

9.7.208: CONSUMPTION OF MARIJUANA IN VEHICLES PROHIBITED: It shall be unlawful for any person to consume marijuana while in a vehicle which is on any street, roadway or other public place in the City, or for the driver, owner or person in control of a vehicle to permit any person to consume marijuana in a vehicle while the vehicle is on any street, roadway or other public place in the City. (Ord. 13-19)

Additional Home Growing Requirements Include:
A ventilation and filtration system ensures odors from the cultivation activities are not detectible by a person with a typical sense of smell from any adjoining lot, parcel, tract, public right-of-way, building unit or residential unit
Marijuana and medical marijuana plants are grown in an enclosed and locked space
All personal cultivation of marijuana and medical marijuana shall be limited to an area of one hundred fifty (150) square feet for a single-family dwelling 
The person growing, cultivating, or processing marijuana or medical marijuana within a residential or accessory structure owned by another person or entity obtains the written consent of the property owner. The written consent of the property owners must be furnished to any requesting City official. If the person growing, cultivating, or processing marijuana or medical marijuana does not provide the City official with the written consent of the property owner, the City may inform the property owner of the marijuana or medical marijuana related activities occurring on the property

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