Kim Habicht & William Mead, Gilpin County.

The deadline for compliance with new state ordinances, which drastically reduce the permitted number of marijuana plants from 99 per person to 12 per household, is rapidly approaching. In Gilpin County, May 1, 2018 is the deadline to obtain an inspection and certificate from the Colorado Department of Regulatory Agencies (DORA), and then report it to the Community Development Department.

Last July, a state-wide ordinance to modify marijuana ordinances was passed. On January 1, 2018 the ordinance went into effect. The Gilpin County Community Development Department has been working to get community members up to code.

The deadline to notify the CDD of one’s intent to permit a residential grow has passed. However, according to Gilpin County Community Development Director Stephen Strohminger, “If people missed the February 28 deadline, there is no penalty in place. We’ll just go through the process of getting you improved and up to code.”

In order to be in-line with the new regulations, residents must schedule an inspection with DORA, and present the Gilpin County Community Development Department with their certificate. After this, the CDD will conduct their own inspection.

So far, only about five households have registered with the CDD. This number is probably not reflective of the actual number of households that maintain personal grows, though.

“I think the sheriff would probably say that there’s more than five grows,” said Strohminger.

The penalty for non-compliance is a fine. If more than 12 plants are found in a household, criminal charges might be filed. If the number of plants found is fewer than 12, a zoning violation would be given, and the CDD would work with the violator to get their household in compliance with code.

“Most reporting is complaint-driven,” said Strohminger. “Most people call over to our office or call the sheriff.”

The motivation behind the modification of the law was largely safety. The 99-per-person limit on marijuana plants allowed families with two adults to grow 198 plants in a residential home. The maintenance of these plants, including water distribution and lighting, created many opportunities for fire hazards, among other things.

In addition to the new personal grow regulations, the ordinance set forth the opportunity for three commercial businesses in Gilpin County to start grow operations. All three permits are spoken for. One of the businesses, Rocky Mountain Organics, which is based in Black Hawk, has already begun the process of getting their building up to code.

The other two businesses are waiting for their permits.

If community members want to report their personal grow operations, they should call the Community Development Department by May 1.

Strohminger said that he expects that a bigger wave of compliance will sweep the area after there is a conflict, or arrest, related to the new ordinances.