§ 38-177. Extraction of marijuana concentrate prohibited.

(a)

Except as provided in paragraph (c) of this section, it shall be unlawful for any person to process or manufacture marijuana concentrate anywhere in the city.

(b)

Except as provided in paragraph (c) of this section, it shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises anywhere in the city to allow marijuana concentrate to be processed or manufactured on the premises.

(c)

It shall not be an offense under subsection 38-177(a) or 38-177(b) if:

(1)

The production of marijuana concentrate is done by licensed personnel in a licensed medical marijuana-infused products manufacturing facility or in a licensed retail marijuana products manufacturing facility and in compliance with all applicable state and city laws, and all rules and regulations promulgated thereunder, including any and all necessary permits; or

(2)

The production of marijuana concentrate is done by means of water-based extraction or food-based extraction methods outside of a licensed medical marijuana-infused products manufacturing facility or a licensed retail marijuana processing facility, and is done in full compliance with any and all other applicable state and city laws, or

(3)

The marijuana concentrate is processed or manufactured using alcohol or ethanol outside of a licensed medical marijuana-infused products manufacturing facility or a licensed retail marijuana products manufacturing facility in compliance with all applicable state and city laws, and all rules and regulations promulgated thereunder; where:

i.

The production of marijuana concentrate is done without the application of any heat from a fuel-fired or electrified source and uses no more than sixteen (16) ounces of alcohol or ethanol during each extraction process; or

ii.

The production of marijuana concentrate is done by a person who, at the time of production, holds a valid permit issued by the Denver Fire Department pursuant to the Denver Building and Fire Code.

(d)

For purposes of this section:

(1)

"Food-based extraction" means producing marijuana concentrate by extracting cannabinoids from marijuana through the use of propylene glycol, glycerin, butter, olive oil, or other typical cooking fats. Except as otherwise provided in paragraph (c) of this section, "flammable liquids" may not be used in food-based extractions.

(2)

"Flammable liquid" means a liquid that has a flash point below one hundred degrees (100°) Fahrenheit, and includes all forms of alcohol and ethanol.

(3)

"Marijuana" means all parts of the plant of the genus cannabis whether growing or not, including, but not limited to, the seeds, leaves, buds, flowers, and any mixture or preparation thereof, without regard for cannabinoid concentration levels.

(4)

"Marijuana concentrate" means hashish, cannabinoids, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of cannabinoids.

(5)

"Water-based extraction" means producing marijuana concentrate by extracting cannabinoids from marijuana through the use of only water, ice or dry ice.

(6)

The definitions of "medical marijuana-infused products manufacturer" and "retail marijuana products manufacturing facility" as set forth in the Colorado Medical Marijuana Code, § 12-43.3-104, C.R.S., as amended, and the Colorado Retail Marijuana Code, § 12-43.4-103, C.R.S., as amended, shall apply equally to this article V.

(Ord. No. 629-14, § 1, 11-10-14)