Pubdate: Wed, 31 Aug 2016
Source: Colorado Springs Independent (CO)
Column: CannaBiz
Copyright: 2016 Colorado Springs Independent
Contact:  http://www.csindy.com
Details: http://www.mapinc.org/media/1536
Author: Nat Stein

COUNCIL CRACKS DOWN ON HOMEGROW OPERATIONS - GREEN CHILES, BUBBA KUSH AND ALL

Last week, Colorado Springs City Council passed another new ordinance 
that will affect home growers of all stripes.

"I didn't say the word..." Fire Marshal Brett Lacey joked while 
presenting it, straightening up to clarify that "this came out of our 
dealings with marijuana home grows."

Specifically, the new ordinance, which passed unanimously, targets 
intensive indoor grow operations in residential single-family 
dwellings and townhomes. Any home grow "utilizing grow lighting shall 
be limited to areas of the residence other than kitchens, bathrooms 
and/or bedrooms/sleeping rooms" - with an exception for bedrooms as 
long as there's another code-compliant one elsewhere in the unit - 
and that "a room or an enclosure with grow lighting used for flora 
grow, propagation, consumption, or selling shall be limited to 150 
square feet aggregate in size per premises."

Any operation exceeding that will be considered a factory occupancy 
under the building code, requiring new permits. Acceptable lighting 
is limited to LED and CFL bulbs, with possible exceptions at the 
discretion of the fire department.

Additionally, the new ordinance prohibits "the manufacture of flora 
concentrates, oils or other derivatives involving the use of 
compressed flammable gas, flammable gas, flammable liquid, or 
combustible liquid as a solvent in a residential setting" as well as 
"the storage, use, and/or handling of carbon dioxide, and/or carbon 
dioxide systems." Chemicals can be stored on the premises, but not in 
habitable areas. Properly permitted ventilation systems are also a must.

Much of that is already in the fire code, Lacey explained, but the 
ordinance will provide clarity for the public and enhanced 
enforcement capability for his team. "As you know, we've responded to 
fires and numerous issues from home grows," he said, citing sub-par 
electrical alterations, blown transformers and improper ventilation 
that gave way to mold. Basically, he argued that intensive home grows 
pose a risk to both first responders and public safety at large - a 
premise that council members, the marijuana working group and 
citizens are more or less on board with.

He emphasized that the ordinance doesn't single out cannabis grows.

"Say it's not marijuana, say it's green chili - personally that's my 
favorite because I'm from the Albuquerque area - so what if I wanted 
to grow green chili in my house then sell it at the farmers market," 
Lacey offered. "I've spoken to a number of you about how that's not 
appropriate. A home should be a place where we live, eat and sleep - 
not a place where we grow an excessive number of plants, and I don't 
care what the plant is."

When Lacey presented the ordinance July 25, Councilors Bill Murray 
and Keith King had questions about constitutional rights (albeit from 
opposite perspectives).

King wanted to know whether it's legally permissible for the fire 
department to take a preventive approach to enforcement, rather than 
just reacting to complaints. Murray voiced concern about selective 
enforcement and overly broad inspection authority. "A bigger lasso 
sometimes strangles us," as he put it.

Lacey responded that "the fire code is already a pretty powerful 
document ... I think if we're very careful with it we have the right 
to mitigate any dangerous circumstance."

Lacey indicated he's "confident" that his staff will be able to 
handle these new enforcement responsibilities but if not, he'd ask 
for more resources.

Reactions to the flora ordinance among the cannabis community are mixed.

Bridgett Dandaraw-Serrit, founder of the Cannabis Patient Rights 
Coalition and member of the marijuana working group, expressed 
satisfaction. "The way [Lacey] presented it, he said it's not about 
the patient grows, it's about the illegal grows. That's the only time 
I've heard this city separate the two out," she said, adding that on 
behalf of patients, "for the most part, I'm absolutely all for this ordinance."

Jason Warf of the Southern Colorado Cannabis Council took a dimmer 
view, calling it an effort "to limit the constitutional rights for a 
medical cannabis patient to be able to grow the amount of medicine 
recommended by their physician."

Bountifully planted greenhouses remain permissible under the new 
ordinance, provided they house green chilies, tomatoes, orchids or 
anything that doesn't start with "M" and end with "arijuana." If 
that's your flora of choice, don't grow more than 12 plants with a 
hefty lock on the door and your doctor's recommendation on hand in 
case you get a visit from newly empowered code enforcers.
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MAP posted-by: Jay Bergstrom