Sec. 10-303. General requirements.
(a) It shall be unlawful for any person to cultivate, produce or process medical marijuana plants within the Town of Frederick unless such person is lawfully registered as a patient with the State of Colorado, or lawfully licensed as a primary caregiver with the State of Colorado; and provided, that:
(1) The cultivation, production, and processing of not more than six (6) marijuana plants occurs within the primary residence of the patient or the primary caregiver.
(2) The cultivation, production and processing fully complies with all applicable provisions of Article XVIII, Section 14 of the Colorado Constitution, the Colorado Medical Marijuana Code, the Colorado Medical Marijuana Program, this Article, and all applicable requirements of the Town of Frederick ordinances, resolutions, and regulations including, but not limited to, building and safety codes, and the Frederick Land Use Code, as may be amended.
(3) Medical marijuana is not cultivated, produced or processed within a garage, whether attached or detached, or other structure designed or intended for the keeping or storage of vehicles, equipment, or goods.
(4) Medical marijuana is not cultivated, produced or processed within any common area(s) of a multifamily or single-family attached residential property.
(5) Medical marijuana is not cultivated, produced, or processed in the yard, lot, or other area or structure located outside of the primary residence, including but not limited to outdoor gardens, ancillary or accessory buildings, greenhouses, sheds, or storage units.
(6) Medical marijuana is not produced or processed with the use of chemical(s) for the purpose of enhancing, concentrating or extracting tetrahydrocannabinol (THC) from medical marijuana or medical marijuana plants.
(7) It shall be unlawful for any person to use any compressed, flammable gases as a solvent in the extraction of THC and other cannabinoids. Compressed, flammable gases shall include, but are not limited to, butane, propane and hexane.
(8) The area of a primary residence devoted to the cultivation, production or processing of medical marijuana plants, including the keeping, storage and maintenance of all materials, supplies, tools, equipment and paraphernalia associated with the cultivation, production and processing of medical marijuana plants, does not exceed the following:
a. Within a single-family detached dwelling unit, a maximum contiguous one hundred fifty (150) square foot area; or
b. Within any residential structure other than a single-family dwelling unit, a maximum contiguous one hundred (100) square foot area.
(9) In addition to compliance with the Frederick Municipal Code, Land Use Code and uniform code provisions, a patient or primary caregiver shall:
a. Conduct the cultivation, production, possession and processing of medical marijuana in a fully enclosed area of the residence or building, secured by adequate lock system;
b. Store all fertilizers and other chemicals in a separate and secure area;
c. Ensure sufficient ventilation, consistent with and compliant with uniform codes adopted and enforced by the Town;
d. Prohibit any person other than the patient or primary caregiver access to the area where medical marijuana is cultivated, produced, possessed or processed;
e. Prohibit any person under the age of twenty-one (21) years of age access to the area where medical marijuana is cultivated, produced, possessed or processed.
(10) In the event the Town incurs costs in the inspection, clean-up, surrender of plants or any other requirements to remove medical marijuana, the responsible person(s) shall reimburse the Town all actual costs incurred by the Town for such inspection or clean-up.
(11) Landlord duty. It shall be unlawful for the owner of any residence or other building to lease such property, or any part thereof, who knows or reasonably should know that the intended use of the property, or part thereof, will be used to cultivate, produce, possess or process medical marijuana in violation of this Article. In the event the Town has an articulable reason to believe that medical marijuana is being cultivated, produced, possessed or processed in violation of this Article, it shall be unlawful for the owner of the residence or building to refuse to allow a police officer or building inspector access to the portion of the building in which the suspected medical marijuana activity is located to determine whether there is marijuana on the premises in violation of this Article. (Ord. 1202 §3, 2015)