Yes, the home cultivation of marijuana for medical or recreational use is legal in Douglas County. However, commercial marijuana operations, including cultivation facilities, are prohibited with the adoption of Ordinance No. O-012-003 in 2013. This is in line with Colorado’s Amendment 64, which allows local governments to restrict the operation of such facilities.
Following Ordinance No. O-016-002, Douglas County strictly prohibits the outdoor cultivation of marijuana. Any space used for marijuana cultivation must be completely enclosed, locked, and only accessible to the individual cultivating the plant for personal or medical use. This prevents access by minors, guests, bystanders, or anybody not legally permitted to possess marijuana. As a general rule, cultivation may only be done in a residential area with a maximum size of 1000 cubic foot volume. An accessory structure with a maximum size of one acre may be allowed. However, it should be located on the same lot as the primary residence. Moreover, all activities related to marijuana cultivation must not be seen from the outside of the building where it takes place.
Cultivators may only grow 12 marijuana plants within the person’s primary residence at any given time. All homegrown plants or products are only for personal use and not for sale.
Douglas County only allows the processing of homegrown cannabis as product manufacturing facilities are also prohibited following Ordinance No. O-012-003. All activities related to the processing of marijuana are also guided by Ordinance No. O-016-002. In addition to the previously mentioned rules, areas used to cultivate and process marijuana should comply with applicable building and fire codes. Any compressed flammable gas and flammable liquid may not be used when cultivating and processing marijuana. Furthermore, any person with a normal sense of smell should not be able to detect cannabis smell.
No, Douglas County does not allow the operation of retail marijuana stores according to Ordinance No. O-12-003. However, following Amendment 64, Douglas County residents who do not cultivate or process marijuana in their homes may be able to obtain marijuana from dispensaries in nearby counties. These dispensaries are regulated and licensed by Colorado’s Marijuana Enforcement Division. Any adults aged 21 or older may purchase up to 1 ounce of marijuana products at a time. These can be edibles, tinctures, or ointments. Buyers should present a valid identification card o prove their age.
Douglas County does not allow cannabis delivery for medical and recreational use. Its residents can grow and process marijuana in their homes or purchase it from dispensaries in nearby counties.
The Colorado Department of Public Health and Environment is in charge of regulating the Colorado Medical Marijuana Registry. Douglas County residents, who upon visiting a certified physician and are certified to have the following medical conditions, may be able to apply for a medical marijuana registry card:
Persistent muscle spasms
Post Traumatic Stress Disorder
An Autism Spectrum Disorder
Any condition that warrants an opioid analgesic
Minor applicants are required to visit two physicians and submit two certifications. Afterwhich, applicants may complete their application online and pay the $29.90 processing fee. For those without access to the internet, the paper application may be mailed to:
4300 Cherry Creek Dr. S. Denver, CO
Online applications may be approved within one to three business days. The registry card may be printed from the website upon approval. On the other hand, mail applications may be processed within six to eight weeks. The registry cards will be mailed upon approval, and patients will not have online access to their accounts.
Colorado imposes a 2.9% state sales tax on medical marijuana. On the other hand, retail marijuana is subject to a 15% sales tax and a 15% excise tax. Local governments are allocated 10% of the 15% marijuana retail sales tax based on the county’s marijuana retail sales. The remaining 90% is distributed as follows:
Marijuana Tax Cash Fund: 71.85%
General Fund: 15.56%
State Public School Fund: 12.59%
Since Douglas County does not allow the operation of retail stores, it may only benefit from the 90% allocation, specifically the 12.59% allocation for public schools. During the fiscal year 2020-2021, the state recorded a total of $400 million in marijuana tax revenue.
The use of medical marijuana has been legal in Douglas County since Colorado approved Amendment 20 in 2000. Twelve years later, the use of recreational marijuana was also legalized following the approval of Amendment 64 in 2012. According to the available report of Douglas County Sheriff’s Office on the FBI Crime Data Explorer, marijuana possession offenses in the county have significantly decreased from 138 arrests in 2011 to 71 in 2021. However, arrests for marijuana drug sale offenses increased from zero in 2011 to four in 2021.