Alisha Reis, Nederland. Licensing of stand-alone retail marijuana establishments begins in Nederland on October 1. Town staff will be accepting applications for retail marijuana businesses and beginning a program of enforcement for unlicensed marijuana-based businesses.

In August 2013, the Town of Nederland passed Ordinance 720, amending Chapter Six of the Nederland Municipal Code related to business licensing to include Section XI ‘Regulation of Marijuana’.

The added section outlines the licensing procedures and requirements for marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, and retail marijuana stores. Marijuana product manufacturing facilities and retail stores are not permitted in any residential zones; however, cultivation facilities and testing facilities may be permitted in residential zones with proper licensing.

Currently, state and local law allows for cultivation of six plants for personal use by adults 21 and older, and the Nederland Municipal Code allows for up to four unrelated adults to live together in a single dwelling unit. Therefore, the maximum number of marijuana plants that can be cultivated for personal recreational use is 24 per home. Any residential cultivation exceeding 24 plants, or six plants per adult occupant, without proper licensing is considered an illegal cultivation operation.

It has come to the attention of the Town that many unlicensed cultivation operations may exist in residential zones within the community. Residential grow operations can have negative impacts on utilities, safety, neighborhood quality, and housing availability if not properly managed. To avoid these negative impacts, the Town is asking that all individuals currently cultivating marijuana in excess of the legal recreational limit in residential zones obtain a license. The focus of the Town’s licensing efforts is to ensure that any cultivation operations are managed responsibly with consideration given to neighbors and the community at large.

Retail cultivation facilities in Mountain Residential (MR), Low Density Residential (LDR), Medium Density Residential (MDR), and High Density Residential (HDR) zones must obtain a home occupation license and a special review use permit from the Town. Retail cultivation facilities in Neighborhood Commercial (NC) and Central Business District (CBD) zones do not require a home occupation license but do require a special review use permit.

Retail licensing regulations do not apply to caregivers registered with the Colorado Department of Public Health and Environment. Retail cultivation facilities that do not obtain the proper licensing will be subject to local code enforcement after October 1.

Residents who wish to report code violations related to marijuana-based businesses or other operations may do so by calling Town Hall at (303) 258-3266 or the Police Department at (303) 258-3250, or by e-mailing code official Frank Goodard at FGoodard@safebuilt.com.

More information on retail cultivation licensing, as well as the home occupation license application and the special review use permit application, is available online at: http://nederlandco .org/government/town-hall/other-permits-licenses/.

Questions may be directed to Town Hall at (303) 258-3266 or 45 W. 1st St.