Subject to certain limitations, the Colorado Constitution permits medical marijuana patients, medical marijuana caregivers, and all adults over 21 to cultivate marijuana for medical and/or personal use. Cultivation by an adult over 21 of no more than 6 recreational marijuana plants for personal does not require any commercial license issued by the Colorado Marijuana Enforcement Division (the “MED”). Cultivation of medical marijuana requires a valid medical marijuana card issued by the Colorado Department of Public Health and Environment, but not a commercial MED license.
However, achieving full compliance for your personal or medical grow can be tricky. State statutes, local ordinances, and municipal codes all affect the legality of personal and medical grows. Different jurisdictions have different rules regarding plant counts, grow sizes, and grow locations (such as outdoor or greenhouse grows). Landlords, homeowners associations, real estate covenants, and other real property issues may affect the legality of a personal or medical grow. Medical and personal grows must comply with all fire, building, and electrical codes, and cannot be a nuisance to neighbors due to odors, noise, or visibility.
Accordingly, grow compliance must be determined on a case-by-case basis. McAllister Garfield has advised hundreds of clients on grow compliance. We know all of the issues that need addressed, and can provide strategies for keeping your grow on the right side of the law. A noncompliant grow can lead to a variety of negative consequences, including fines, jail or prison, felony convictions, eviction, and even civil forfeiture.
The state is cracking down on unlawful grows. Don’t be caught off-guard. Consult with an experienced and knowledgeable attorney from McAllister Garfield today.