[Ord. 2013-128; Ord. No. 2024-242, 4-1-2024]
The following terms have the meanings set forth herein:
COLORADO MARIJUANA CODE
Means Article 10 of Title 44, C.R.S., as amended.
MARIJUANA
Means all parts of the plant of the genus cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including marijuana concentrate. "Marijuana" includes marijuana products as defined herein. "Marijuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other product.
MARIJUANA ACCESSORIES
Means any equipment, products or materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing or containing marijuana, or for ingesting, inhaling or otherwise introducing marijuana into the human body.
MARIJUANA PRODUCTS
Means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments and tinctures.
MEDICAL MARIJUANA CARD
Means a registry identification card duly issued pursuant to § 25-1.5-106, C.R.S., as amended.
[Ord. 2013-128; Ord. No. 2024-242, 4-1-2024]
(a) 
No person under twenty-one (21) years of age shall possess marijuana or marijuana accessories unless such person has been issued a medical marijuana card. If such person has been issued a medical marijuana card, such person shall not possess more than two (2) ounces of marijuana unless otherwise authorized to do so by the Colorado Marijuana Code.
(b) 
No person twenty-one (21) years of age or older shall possess more than one (1) ounce of marijuana unless such person has been issued a medical marijuana card. If such person has been issued a medical marijuana card, such person shall not possess more than two (2) ounces of marijuana unless otherwise authorized to do so by the Colorado Marijuana Code.
[Ord. 2013-128]
(a) 
No person shall sell, distribute, transfer, trade, exchange or give marijuana or marijuana accessories, with or without remuneration, to a person under the age of twenty-one (21).
(b) 
No person shall sell, distribute, transfer, trade or exchange marijuana or marijuana accessories, with remuneration, to a person twenty-one (21) years of age or older.
(c) 
No person shall give more than one (1) ounce of marijuana to a person twenty-one (21) years of age or older.
[Ord. 2013-128; Ord. No. 2024-242, 4-1-2024]
(a) 
No person shall openly and publicly consume or use marijuana. In addition to other circumstances that may result in open and public consumption or use, a person shall be deemed to be openly and publicly consuming or using marijuana if such consumption or use is visible and identifiable at or from a public location.
(b) 
No person shall consume or use marijuana in a manner that endangers others.
(c) 
No person shall consume or use marijuana in a location or facility owned or operated by the Town, including but not limited to public parks, public buildings and public streets.
(d) 
No person while in the passenger area of a motor vehicle shall: (1) use or consume marijuana; or (2) have in his or her possession an open marijuana container. For purposes of this Section, the terms shall have meanings set forth in Section 42-4-1305.5, C.R.S., as amended, and the exceptions therein shall apply. Nothing in this Section or in any section of this Code is intended to allow driving under the influence of marijuana or driving while impaired by marijuana or to supersede state law regarding the same, whenever enacted.
[Ord. 2013-128]
No person who is in possession and control of private property shall knowingly allow any person under the age of twenty-one (21) to possess or consume marijuana on such private property, unless such minor person has been issued a medical marijuana card. For purposes of this Section, "possession and control of private property" shall include the owner, tenant or designated custodian, such as a house-sitter or babysitter, of such private property.
[Ord. 2013-128]
(a) 
No person twenty-one (21) years of age or older shall possess more than six (6) marijuana plants, only three (3) or fewer of which are mature flowering plants. The marijuana produced by such plants, in excess of one (1) ounce, shall be maintained on the premises where grown and shall not be sold.
(b) 
Cultivation of the marijuana plants shall be conducted in an enclosed space which shall be locked. Cultivation shall be conducted in compliance with all other relevant provisions of this Code.
(c) 
No person shall openly or publicly cultivate marijuana. In addition to other circumstances that may result in open or public cultivation, a person shall be deemed to be openly or publicly cultivating marijuana if the marijuana plants are visible and identifiable at or from a public location or cause a public nuisance.
[Ord. 2013-128]
A person who violates the provisions of this Article shall be subject to the penalties set forth in Section 1-62 of this Code.