§ 38-178. Non-licensed marijuana cultivation.

(a)

Legislative intent. The city council hereby finds and declares that the proliferation of large-scale, non-licensed, and unregulated marijuana cultivation operations poses a significant threat to the health, safety, and security of all citizens of the City and County of Denver. The city council finds that law enforcement and other city agencies report increased violations of criminal laws along with building, electrical, and fire codes in these large cultivation operations. It is, therefore, the intent of the city council to place reasonable and necessary restrictions on the cultivation of marijuana outside of a licensed marijuana cultivation facility.

(b)

It shall be unlawful for any person, alone or in concert with other persons, to possess or cultivate more than thirty-six (36) marijuana plants on any zone lot in the city, except in a licensed marijuana cultivation facility and in compliance with all applicable state and city laws, and all rules and regulations promulgated thereunder.

(c)

It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any zone lot to allow more than thirty-six (36) marijuana plants to be possessed or cultivated on the zone lot, except in a licensed marijuana cultivation facility and in compliance with all applicable state and city laws, and all rules and regulations promulgated thereunder.

(d)

It shall be unlawful for any person, alone or in concert with other persons, to cultivate marijuana outside of a completely enclosed structure.

(e)

Exceptions:

(1)

Nothing in this section shall be construed to allow the cultivation of marijuana in any number, manner, or location that is not allowed under the zoning code.

(2)

Nothing in this section shall prohibit the cultivation of marijuana by residents of a dwelling unit in compliance with the zoning code.

(f)

For purposes of this section:

(1)

"Completely enclosed structure" has the meaning set forth in the zoning code.

(2)

"Cultivate" means the planting, growing, harvesting, storing, drying, trimming, or processing of marijuana plants.

(3)

"Dwelling Unit" had the meaning set forth in the zoning code.

(4)

"Marijuana plant" means all parts of the plant of the genus cannabis whether growing or not, including, but not limited to, immature and mature plants, and any seeds, leaves, stalks, and flowers, without regard for cannabinoid concentration levels.

(5)

"Marijuana cultivation facility" means an "optional premises cultivation facility" or a "retail marijuana cultivation facility" as defined 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.

(6)

"Zone lot" has the means set forth in the zoning code, except that the minimum zone lot size for the cultivation of marijuana outside of a dwelling unit shall be three thousand (3,000) square feet and the minimum zone lot width shall be twenty-five (25) feet.

(Ord. No. 109-15, § 1, 3-23-15)