Pueblo County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Pueblo County?

Cannabis cultivation in Pueblo County for medical and adult use is legal in accordance with the State of Colorado’s Amendment 64 and Pueblo County Code Chapter 5.12 on marijuana licensing.

Pueblo County Code Chapter 17.119 allows medical marijuana cardholders and adults aged 21 and above to grow cannabis for personal use only and not for sale. They may do so in residential zoning districts or any of the following county zoning districts:

• I-1 special industrial district

• I-2 light industrial district

• I-3 heavy industrial district

• P-1 Puebloplex zoning district

In residential and residential-agricultural zones, a maximum of 12 cannabis plants can be grown in any single-family or multi-family property, no matter how many adults reside there. The grower or growers must live on the property and cannabis plants must be grown indoors within the home or in an enclosed and locked accessory building or greenhouse within the grounds of the property, but not in a space shared with other residences. The residence of the grower must be compliant with the relevant building, fire, public health, and environmental codes.

In the other allowed zoning districts, personal growers may grow a maximum of 36 cannabis plants. The growers may not, however, live there. All cannabis must be grown indoors, within an enclosed and locked building or greenhouse. These must comply with the applicable building, fire, public health, and environmental regulations.

Cannabis extraction is allowed only on the same property where the personal growing of cannabis is done, subject to the following rules:

1. Cannabis extraction must be compliant with state laws.

2. In residential and residential-agricultural zones, the only forms of extraction allowed are water-based, alcohol-based, and food-based, and these must be compliant with the fire code.

3. In other allowed zoning districts, extraction with ethanol or alcohol is allowed only under the following conditions:

   1. A maximum of 16 ounces of ethanol or alcohol is used without the application of heat, and no flammable, explosive, or hazardous substances have been on the premises.

   2. The prior approval of the local fire authority must be obtained.

4. All cannabis extraction by personal growers must have documentation to be submitted to the Pueblo County Planning and Development Department.

The personal growing of cannabis in Pueblo County is covered by the following requirements:

1. Cannabis in all forms must not be visible from outside the property.

2. There must be no signage indicating the presence of cannabis on the property.

3. The personal cultivation of cannabis must not cause pollution through light, noise, vibration, or odors.

4. The personal cultivation of cannabis must not cause excessive foot or vehicular traffic or parking.

5. Waste from the personal cultivation of cannabis must be properly disposed of in unusable forms that will not result in unauthorized use or attract pests.

For commercial cultivation of medical and adult-use cannabis, the Pueblo County Liquor and Marijuana Department is not accepting new license applications as of March 2023. There is a county limit of 28 medical cannabis cultivation facility licenses and 122 adult-use cannabis cultivation facility licenses.

Existing medical and adult-use cannabis cultivation licensees have first acquired a regulated marijuana business license for cannabis cultivation from the Colorado Marijuana Enforcement Division (MED) before applying for a Pueblo County license for a medical cannabis cultivation facility or an adult-use cannabis cultivation facility. A licensee is allowed to hold both medical and adult-use cultivation licenses but must pay separate fees for each.

The county’s cannabis cultivation license fees are as follows, valid for a year:

• Medical cannabis cultivation license: $4,000

• Adult-use cannabis cultivation license: $4,000

  • Additional fee for Tier 1 with up to 1,800 plants: $1,500

  • Additional fee for Tier 2 with 1,801 to 3,600 plants: $2,300

  • Additional fee for Tier 3 with 3,601 to 6,000 plants: $3,000

  • Additional fee for Tier 4 with 6,001 to 10,200 plants: $4,500

  • Additional fee for Tier 5 with 10,201 to 13,800 plants: $6,500

  • Additional fee for Tier 5+ with 13,800 plants plus increments of 3,600: $6,500 plus $800 for every increment over Tier 5

The following rules apply to all cannabis businesses in Pueblo County, including medical and adult-use cannabis cultivation facilities:

• The use or consumption of cannabis in any form on the premises of a licensed facility is prohibited.

• The licensee must put up an efficient air filtration and ventilation system to stop cannabis odors from escaping to the outside of the facility.

• The facility must keep complete and updated records of inventory, personnel, sales, and all movements of cannabis, including waste. These records must be immediately made available to the authorities upon request.

• The facility must always be available for unannounced inspections by the Pueblo County Planning and Development Department.

Is Cannabis Manufacturing Legal in Pueblo County?

The manufacturing of medical and adult-use cannabis products in Pueblo County is legal as stipulated by Amendment 64 of the State of Colorado and Pueblo County Code Chapter 5.12. The county is restricted to the issuance of a maximum of 17 medical cannabis product manufacturer licenses and 27 adult-use cannabis product manufacturer licenses. As of March 2023, however, the Pueblo County Liquor and Marijuana Department is closed to new license applications.

Current medical or adult-use cannabis manufacturing licensees have first acquired a marijuana product manufacturing facility license from the Colorado MED before applying for a Pueblo County cannabis manufacturing license. The local annual license fees are as follows:

• Medical cannabis product manufacturer license: $4,000

• Adult-use cannabis product manufacturer license: $4,000

All manufactured medical or adult-use cannabis products must be in resealable, opaque, child-safe containers in accordance with Colorado's Amendment 64. The packaging must ensure secure storage for users over the age of 21 as well as patients.

Licensed medical and adult-use cannabis product manufacturing licensees in Pueblo County must abide by all the county rules that cover all cannabis businesses.

Is Cannabis Retail Legal in Pueblo County?

Medical and adult-use cannabis retail in Pueblo County is legal pursuant to the State of Colorado’s Amendment 64 and Chapter 5.12 of the Pueblo County Code. The county limits medical cannabis store licenses to 12 and adult-use cannabis store licenses to 27. However, as of March 2023, new license applications are not open according to the Pueblo County Liquor and Marijuana Department.

Existing medical and adult-use cannabis retail shop licensees first obtained a state retail facility license from the Colorado MED before applying for a Pueblo County cannabis retail license. The county license fees for each year are as follows:

• Medical cannabis store license: $5,000

• Adult-use cannabis store license: $5,000

Amendment 64 specifies that only licensed cannabis retail shops can sell medical and adult-use cannabis and only to medical marijuana cardholders and adults who can show valid identification with proof that they are 21 years old or older. Medical and adult-use cannabis allowed for sale includes all forms, from plant materials to by-products and infused products such as concentrates, tinctures, edible goods, and ointments, among others.

In Pueblo County, medical cannabis stores can operate from 8 a.m. to 7 p.m. while adult-use cannabis stores can be open from 8 a.m. to 11 p.m. Walk-up or drive-through window sales are prohibited. Sales receipts issued by the store must state that giving or selling cannabis to persons below 21 years old is illegal. Every store must post a prominent sign on the premises stating the following:

• Selling or providing cannabis to anyone below the age of 21 is illegal.

• Transporting or sending cannabis to another state is illegal.

• Federal law prohibits cannabis possession.

Licensed medical and adult-use cannabis stores in Pueblo County must abide by all the county regulations covering all cannabis businesses. Additionally, since they sell edible cannabis items, they are required to observe the Colorado Retail Food Establishment Rules and Regulations.

Is Cannabis Delivery Legal in Pueblo County?

Even if Amendment 64 of the State of Colorado allows the delivery of medical and adult-use cannabis, this is prohibited by Chapter 5.12 of the Pueblo County Code within and outside the county’s unincorporated areas. Delivery of cannabis is not allowed even to holders of medical marijuana cards.

However, the transportation of medical and adult-use cannabis among licensed cannabis businesses is permitted if done by a transporter with a state and county license. The state transporter license is first acquired from the Colorado MED before the county license can be obtained. The county license fee for medical or adult-use cannabis transporters is $4,400, valid for two years. As of March 2023, however, the Pueblo County Liquor and Marijuana Department is closed to new local medical or adult-use cannabis transporter license applications.

How to Get a Medical Marijuana Card in Pueblo County

To obtain a medical marijuana card in Pueblo County, residents must follow Colorado State processes. They must register with the Colorado Medical Marijuana Registry. To be eligible, individuals must have a medical examination performed by a licensed healthcare professional to determine whether they are suffering from any of the qualifying medical issues listed below:

• An illness for which opioids are prescribed

• Seizures

• Glaucoma

• Persistent muscle spasms

• Cachexia

• HIV or AIDS

• Autism Spectrum Disorder

• Post Traumatic Stress Disorder (PTSD)

• Cancer

• Severe nausea

• Severe pain

The medical professional will enter the appropriate certification in the online registry after making the diagnosis. If the patient is a minor, certifications must be provided by two healthcare practitioners.

The patient must then apply online and provide a valid state government ID and social security number. It must be specified in the application whether a caregiver is required. Patients who are underage must have an adult caregiver to make the medical marijuana purchase for them.

There is a $29.50 application fee. Payment is not required for people who provide verifiable proof of income equal to or below 185% of the national poverty threshold.

The application may take one to three business days to process. The patient and caregiver will then be able to download and print the medical marijuana card from the online registry. The card is only usable in the state of Colorado.

Those who need to apply can do it by mail if they do not have access to the internet. Mailed applications take roughly six to eight weeks to process. The medical marijuana card will be mailed after it has been approved. The online registry will be inaccessible to patients and caregivers who apply in this manner.

The application form for minors or for adults must be downloaded, printed, and filled out by applicants who choose to mail in applications. The form must be sent with proof of state residency and a $29.50 check payable to the Colorado Department of Public Health & Environment to:

Colorado Department of Public Health and Environment

4300 Cherry Creek Dr. S. Denver, CO

80246-1530

Phone: 303-692-2184

Email: medical.marijuana@state.co.us

How Has Cannabis Legalization Impacted the Economy of Pueblo County?

According to the 2020-2021 Annual Report of the Pueblo County Marijuana Sales and Excise Taxes Oversight Committee, the county sales tax on adult-use marijuana was increased in 2020 from 3.5% to 6%. The 3.5% is allocated for adult-use cannabis regulations administration and enforcement salaries and other costs. The 2.5% increase is allocated for projects on public safety

An excise tax is imposed by the county on the first sale by a licensed cultivation facility of unprocessed adult-use marijuana to another licensed cannabis business. This started at 1% of the average market rate in January 2016. As of January 1, 2020, it had reached its maximum rate of 5%. Half of the adult-use cannabis excise tax revenues are used for the Pueblo County Scholarship Fund. The remainder is used for other projects that would benefit the community.

In 2020, Pueblo County earned almost $6 million in combined revenues from medical and adult-use cannabis, broken down as follows:

• Medical cannabis licensing fees: $278,900

• Adult-use cannabis licensing fees: $ 1,325,066

• Cannabis application fees: $10,500

• Cannabis licensing penalties: $136,605

• Adult-use cannabis sales taxes: $2,984,751

• 10% of 15% of the state taxes for cannabis: $1,230,688

The Effects of Cannabis Legalization on Crime Rates in Pueblo County

Medical cannabis in Pueblo County was legalized in 2000 and adult-use cannabis was legalized in 2012.

Data from the Pueblo County Sheriff's Office on the FBI’s Crime Explorer page shows that in 1999, there were 26 arrests for marijuana offenses, all for marijuana possession. In 2012, with the legalization of adult-use cannabis, there was one arrest for a marijuana offense, and it was for sales. The latest data on the website as of March 2023 shows that in 2021, there was a total of three arrests for marijuana offenses, with one marijuana possession arrest and two marijuana manufacturing or sales arrests.

There were 141 DUI arrests in 1999, decreasing to 35 in 2012. There were 78 DUI arrests in 2021.