The city of Denver proposed a new amendment on Tuesday that would limit unlicensed, non-residential marijuana cultivations to 36 plants. The officials behind the proposed change hope the amendment, if approved, will make for safer conditions, more clear law enforcement options and fewer opportunities for untracked marijuana to escape into the black or gray markets.
The proposed amendment to the Denver Revised Municipal Code requires City Council approval. The council will discuss the issue at a safety and well-being committee today.
“The majority of these non-licensed grows have significant problems around unsafe conditions,” Ashley Kilroy, the city’s executive director of marijuana policy, told The Cannabist. “It wasn’t just one thing that was the tip of the iceberg; it was us seeing that these non-licensed grows were getting larger and larger, with increasingly hazardous conditions, and despite using the tools that we already had at our disposal (Fire Code violations, Building Code violations, zoning violations), these grows still were not getting into compliance.
“We need an explicit prohibition and bright line rule limiting plants to 36. We also have significant concerns about large amounts of untracked, non-licensed marijuana and the opportunity for crime and diversion.”
The proposed plant limit would not affect licensed grows; It also does not affect the 12-plant limit already in place for residences. A city official told The Cannabist this amendment would be aimed at those who are growing illegally without a license. Caregivers can still grow 36 plants, enough for their five patients and themselves, the city says.
“Caregivers are prohibited by law now to grow collectively,” Kilroy said. “Amendment 64 is silent on collective growing, so again, we need a bright line to provide clarity to our residents and to law enforcement and safety officials.”
The city calls the move proactive — and not punitive — and officials aren’t sure if other cities are considering similar measures.
“While this issue may not be unique to Denver, it is hard to say if other communities are dealing with this problem to the same extent,” Kilroy said. “We have an obligation to our citizens, in our dense urban environment, to project against the hazards posed by these large, non-regulated grows.”
Some of the city’s safety concerns: Fire exits being bolted shut with two-by-fours and windows being covered with steel sheets, to protect the property from theft. Unregulated chemicals and pesticides, and the presence of mold inside these structures. Fire hazards such as plastic trash bags draped across grow lights. Employees living on site, and weapons mounted on walls.
Some photos of the city’s complaints, courtesy of the city:
(City of Denver)
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