May 23, 2019

SB 16-080: Enacting Requirements for In-Home Growing of Marijuana

On January 19, 2016, Sen. Linda Newell and Reps. Cole Wist & Dan Pabon introduced SB 16-080Concerning Secured Marijuana Cultivation Requirements. The bill was introduced in the Senate Business, Labor, & Technology Committee, where it passed unamended. The bill passed Second Reading in the Senate with amendments and was not further amended on Third Reading. In the House, the bill was approved by the Finance Committee with amendments. It was amended again on Second Reading in the House and passed through Third Reading. The bill is now back in the Senate for consideration of the House amendments.

C.R.S. § 18-18-406 sets forth the requirements to be met for persons cultivating adult-use marijuana at their residence. Under current law, if a person is growing adult-use marijuana in a residence where another person, who is under the age of 21, resides, the grow site must be in an enclosed and locked space.

Additionally, if no person under 21 years old lives in the residence, but a person under 21 years old enters the residence, the person growing the marijuana must ensure access to the grow site is reasonably restricted during the period the under-aged person is staying at the residence. The bill also applies the same conditions to a person growing medical marijuana.

Mark Proust is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.