§ 53-1. Definitions.

For purposes of this chapter, the words and phrases used herein, unless the context otherwise indicates, shall have the following meanings:

Accessory building or structure shall have that meaning set forth in article 10 of part III (Land Development Code) of this Code. Notwithstanding any other provision of this Code, any mini-structure lawfully utilized pursuant to article IV of this chapter for the growing or processing of marijuana, whether medical or non-medical, shall meet all separation and setback requirements of section 53-42(c).

Authorized person means a person twenty-one years of age or older lawfully permitted to engage in the personal use of marijuana, including growing and processing marijuana plants, pursuant to Article XVIII, § 16 of the Colorado Constitution.

Authorized public inspector shall mean and include the chief of police and any duly-appointed police officer, the chief building official and any duly-appointed building or technical code enforcement officer, and the code enforcement manager and any duly-appointed zoning code enforcement officer of the city.

Colorado Medical Marijuana Code means C.R.S. tit. 12, art. 43.3, as amended from time to time.

Colorado Medical Marijuana Program means C.R.S. § 25-1.5-106, as amended from time to time.

Colorado Retail Marijuana Code means C.R.S. tit. 12, art. 43.4, as amended from time to time.

Growing and cultivating are interchangeable and mean and encompass all steps or stages in the process of producing, developing, tending, and keeping a marijuana plant through harvest (or, in the alternative, to serve as a "mother plant") including, but not limited to, planting, germination, cloning, vegetative growth, flowering, and harvest.

Marijuana means all parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but does not include industrial hemp, nor does it include fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which in incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.

Marijuana cultivation facility shall have the meaning set forth in Article XVIII, § 16 of the Colorado Constitution.

Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store.

Marijuana product manufacturing facility shall have the meaning set forth in Article XVIII, § 16 of the Colorado Constitution.

Marijuana products shall have the meaning set forth in Article XVIII, § 16 of the Colorado Constitution.

Marijuana testing facility shall have the meaning set forth in Article XVIII, § 16 of the Colorado Constitution.

Medical marijuana means marijuana that is grown, processed, or otherwise utilized pursuant to the provisions of the Colorado Medical Marijuana Code and for a purpose authorized by Article XVIII, § 14 of the Colorado Constitution.

Medical marijuana business means any medical marijuana center, medical marijuana-infused products manufacturer, or optional premises cultivation operation, but excludes lawfully authorized deliveries of medical marijuana from outside the city to the extent allowed by state statutes and regulations and consistent with section 53-72 hereof.

Medical marijuana center shall have the meaning set forth in the Colorado Medical Marijuana Code and shall include the business or business operations contemplated, referenced, and described in C.R.S. §§ 12-43.3-104 and 12-43.3-402 thereof, whether licensed or not.

Medical marijuana-infused products manufacturer shall have the meaning set forth in the Colorado Medical Marijuana Code and such term, along with the term medical marijuana-infused products manufacturing facility, shall include the business or business operations contemplated, referenced, and described in C.R.S. §§ 12-43.3-104 and 12-43.3-404 thereof, whether licensed or not.

Multi-unit dwelling means any type of dwelling (whether specifically defined in article 10 of part III (Land Development Code) of this Code or not) except a single-family detached dwelling including, but not limited to, a multi-family dwelling, a town home dwelling, a two-family dwelling or duplex, or a single-family attached dwelling.

Non-medical marijuana means marijuana that is grown, processed, or otherwise utilized pursuant to and for a purpose authorized by Article XVIII, § 16(3) of the Colorado Constitution.

Non-medical marijuana business shall have a meaning synonymous with marijuana establishment.

Optional premises cultivation operation shall have the meaning set forth in the Colorado Medical Marijuana Code and shall include the business or business operations contemplated, referenced, and described in C.R.S. §§ 12-43.3-104 and 12-43.3-403 thereof, whether licensed or not.

Patient shall have the meaning set forth in Article XVIII, § 14 of the Colorado Constitution, as more full defined in any applicable state statutes, or rules or regulations promulgated thereunder.

Person means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof.

Primary caregiver shall have the same meaning as primary care-giver set forth in Article XVIII, § 14 of the Colorado Constitution, as more fully defined in the Colorado Medical Marijuana Code, the Colorado Medical Marijuana Program, or the rules or regulations promulgated thereunder.

Primary residence means the place that a person, by custom and practice, makes his or her principal domicile and address, and to which the person intends to return following any temporary absence, such as a vacation. Residence is evidenced by actual daily physical presence, use, and occupancy of a habitable structure on the premises and the use of the residential address for domestic purposes, such as, but not limited to, sleep, preparation and consumption of meals, regular mail delivery, vehicle and voter registration, or credit, water and other utility billing. A person shall have only one primary residence.

Processing means and encompasses all steps or stages in the process of preparing a harvested marijuana plant, whether medical or non-medical, for utilization as a usable form of marijuana including, but not limited to, cutting, manicuring, drying, curing, extracting, packaging, and storing. To the extent authorized by law, the term also includes all processes associated with preparing medical marijuana infused-products or marijuana products; provided, however, that the use of standard baking equipment, as may be typically contained within a residential kitchen, shall be exempted from the square-footage limitations on processing activities as set forth in Article IV hereof, provided the resulting product is kept in the secure, defined area required by section 53-62(c).

Residential accessory dwelling unit shall have that meaning set forth in article 10 of part III (Land Development Code) of this Code.

Residential structure means a structure or that portion of a structure devoted to a single-family detached dwelling or multi-unit dwelling; or, in the alternative, an allowed accessory building or structure or residential accessory dwelling unit associated with and on the same lot as such dwelling. For purposes of the personal home growing or processing of non-medical marijuana plants pursuant to Article XVIII, Section 16 of the Colorado Constitution, or of medical marijuana plants by a patient or primary caregiver pursuant to Article XVIII, Section 14 of the Colorado Constitution, such activities shall be carried out in either the dwelling or the associated accessory building or structure, but not both.

Retail marijuana store shall have the meaning set forth in Article XVIII, § 16 of the Colorado Constitution.

Single-family detached dwelling shall have the meaning set forth in article 10 of part III (Land Development Code) of this Code.

Secure means an area that is accessible only to the patient, primary caregiver, or other authorized person under the applicable law for growing or processing medical marijuana or non-medical marijuana, and located, partitioned off, and locked so as to prevent access by children, visitors, passersby, thieves, vandals, or anyone else not authorized to grow or process such marijuana.

( Ord. No. 4393, § 7(Att. A), 7-1-2013 ; Ord. No. 4436, §§ 2, 3, 3-17-2014 )