§ 62-213. Offenses related to marijuana.

(a)

Possession—Under 21. It shall be unlawful for any person under 21 years of age to knowingly possess, use, display, transfer, transport, grow, or purchase marijuana subject to the provisions of Section 14 of Article XVIII of the Colorado Constitution.

(b)

Possession—21 or older. It shall be unlawful for any person 21 years of age or older to knowingly possess more than one ounce of marijuana subject to the provisions of either Section 14 or Section 16 of Article XVIII of the Colorado Constitution.

(c)

Open and public consumption. It shall be unlawful for any person to openly and publicly display, consume, or use marijuana.

(d)

Open marijuana container. Except as otherwise permitted, a person while in the passenger area of a motor vehicle that is on a public highway of this state or the right-of-way of a public highway of this state or on a street, alley, or roadway of this city or the right-of-way of a street, alley, or road of this city shall not knowingly:

(1)

Use or consume marijuana; or

(2)

Have in his or her possession an open marijuana container.

Exceptions: The provisions of this subsection (d) shall not apply to:

(i)

Passengers, other than the driver or a front seat passenger, located in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation;

(ii)

The possession by a passenger, other than the driver or a front seat passenger, of an open marijuana container in the living quarters of a house coach, house trailer, motor home, as defined in C.R.S. § 42-1-102(57), or trailer coach, as defined in C.R.S. § 42-1-102(106)(a);

(iii)

The possession of an open marijuana container in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk; or

(iv)

The possession of an open marijuana container in an area not normally occupied by the driver or a passenger in a motor vehicle that is not equipped with a trunk.

(e)

Marijuana—Transportation. It shall be unlawful for any person to transport more than six plants at any time, with no more than three of those plants being mature, flowering plants.

(f)

Prohibitions on city-owned property. It shall be unlawful for any person to possess, use, display, transfer, transport, grow, or purchase marijuana, marijuana products, or marijuana accessories in or upon any city owned property, except that these products or items may be transported along public streets and highways in this city so long as the products or items are being transported in compliance with all other applicable state and local laws.

( Ord. No. 4392, § 2, 7-1-2013 )