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Marijuana plants shall not be possessed, grown, processed, or transported in or around any regulated structure within the town except in compliance with the following regulations. It is unlawful and a misdemeanor offense for a person to violate any provision of this section. In accordance with subsection 1-4-1B of this code, a person shall be guilty of a separate offense for each and every day during any portion of which any violation of the requirements of this section is committed, continued, or permitted by such person.

A. The possession, growing, and processing of marijuana plants within a regulated structure shall be done in full compliance with all applicable provisions of sections 14 and 16 of article XVIII of the Colorado constitution.

B. Marijuana may be possessed, grown, processed, or transported within a regulated structure only by a person twenty one (21) years of age or older.

C. One person twenty one (21) years of age or older may not possess, grow, process, or transport more than six (6) marijuana plants within a regulated structure at any one time. Not more than three (3) of the plants may be mature flowering plants.

D. The owner of the marijuana plants described in subsection C of this section may lawfully possess the marijuana produced by the six (6) marijuana plants described in subsection C of this section on the premises where the plants were grown.

E. None of the marijuana plants or the marijuana described in subsection C or D of this section may be sold or offered for sale.

F. Marijuana may not be grown openly or publicly, or in any area that is located outside of the exterior walls of a regulated structure.

G. If a person under twenty one (21) years of age lives at the regulated structure, the cultivation area for the marijuana plants must be enclosed and locked.

H. If no person under twenty one (21) years of age lives at the regulated structure, the external locks of the regulated structure constitute an enclosed and locked space but if a person under twenty one (21) years of age enters the regulated structure, the person must ensure that access to the marijuana cultivation site is reasonably restricted for the duration of that person's presence in the regulated structure.

I. The possession, growing, processing, or transportation of marijuana plants shall be limited to the following areas within a regulated structure:

1. Within a detached single-family residential unit, marijuana may be possessed, grown, processed or transported only within a defined and contiguous one hundred fifty (150) square foot area;

2. Within any regulated structure other than a detached single- family residential unit, marijuana may be possessed, grown, processed or transported only within a defined and contiguous one hundred (100) square foot area;

3. Marijuana shall not be possessed, grown, processed or transported within the common area of any real property that is devoted to a residential use, commercial use, or a mixed use; and

4. Not more than twelve (12) marijuana plants may be possessed, grown, processed or transported within a regulated structure at any one time, regardless of the number of persons twenty one (21) years of age or older who then occupy the regulated structure.

J. The possession, growing, processing, or transporting of marijuana shall not be perceptible from the exterior of the regulated structure where the plants are grown, including, but not limited to:

1. Common visual observation;

2. Light pollution, glare, or brightness that disturbs the repose of another;

3. Undue vehicular or foot traffic, including unusually heavy parking in front of the regulated structure; and

4. Noise from an exhaust fan in excess of the maximum permissible noise level described in section 5-8-5 of this code.

K. The smell or odor of marijuana growing or being processed within a regulated structure shall not be capable of being detected by a person with a normal sense of smell from any adjoining lot, parcel, or tract of land not owned by the owner of the regulated structure, or from any adjoining public right-of-way.

L. The space within the regulated structure where marijuana is possessed, grown, processed or transported shall meet all applicable requirements of the town's building and technical codes adopted in title 8, chapter 1 of this code.

M. If a person possesses, grows, processes, or transports marijuana within a regulated structure that he or she does not own, he or she shall obtain the written consent of the property owner before commencing to possess, grow, process or transport marijuana on the property.

N. No chemical shall be used to enhance or extract THC from marijuana that is grown or processed in a regulated structure.

O. Compressed, flammable gas shall not be used in a regulated structure as a solvent for the extraction of THC or other cannabinoids. (Ord. 38, Series 2015)