On March 21 the City Council unanimously approved a new ordinance related to “home grows,” that is cultivating, producing and/or processing of marijuana for medical or recreation uses not associated with a business. The ordinance allows cultivation, production, and processing at a person’s primary residence (or an accessory structure located on the property).
Renters are required to have the written and notarized consent of the property owner. In addition, permission from both property owners and all tenants is required if a common area of any multifamily or attached residential development is used for any of these marijuana activities. Some Council members expressed a desire to require written consent from any owners wishing to cultivate marijuana on private property within a multi-family development, but the City Attorney argued this would be inconsistent with the constitutional right given to Coloradans to use marijuana.
The ordinance allows each resident to own six plants (and up to 30 plants per residence because the Municipal code allows five unrelated people to live together). There are exemptions for plant limits for medical marijuana patients and caregivers. Interestingly, staff calculates there are approximately 415 patients in Longmont with extended plant counts. The ordinance will be enforced on a complaint basis by the City’s code enforcement staff. In all cases, marijuana may not be visible from the property line and locked spaces are required for any cultivation area.