[Finklsteinshtkd]

Hello,

I am living in Northern Colorado at the moment and am renting a separate space other than my apartment to grow my own personal prescribed 12 plants in. It is commercially zoned. My landlord there is actually cool with it but wants to kick me out because he's concerned with the legality of it and thinks it's illegal. He's very calm and giving me a little time but says if I can show him that it is not illegal then I can of course stay.

No where in my lease does it mention about marijuana or cultivation. He loves my plants, he just doesn't want to get caught up.

He tells me that previous tenants were going to rent a larger commercial space from him to do a licensed commercial grow. The prospective tenants then found out it wasn't legal here in the city limits of my town. He therefore tells me it is illegal, however I am only growing my six plants plus six more prescribed to me. I am not growing commercially even though it is a zoned commercial space to me it is only a private storage or warehouse.

Again, it is my understanding that my town is not issuing commercial licenses, and calling commercial operations illegal. I get that. That's not what I'm trying to do here. I'm only trying to grow my own shit because in my apartment's lease it DOES state that I cannot grow, posses, smoke, etc.

Am I correct in thinking that as long as I stay within my legal state plant numbers then I can grow in a commercial space that has been rented for personal use?

When I answered the ad for the space it just said small storage or workshop, not commercial or retail. Please someone with some know-how hook me up with some advice?

[Nichead]

Sounds legal to me. While Amendment 64 gives us the right to 6 plants, landlords have the right, under the amendment, to refuse your growing. He might be full of it and simply hate the weed, he has that right. I wouldn't trust this guy enough to stick around, but you're in your rights if he's legit.

Not being able to get a license for a commercial operation does not mean the locality has made growing for personal use illegal. In fact, if the city did want to ban growing, the constitution for the state of Colorado expressly says that localities must put such decisions up to a general election ballot. In other words, nobody can say that growing in your personal space is illegal, unless the people living in that particular city vote on it again. All this crap that Denver and everyone has passed is either labeled temporary or is just completely unconstitutional. The city can refuse licenses though, which is what it sounds like happened.

I'm almost in Kansas, the county I'm in HATES the plant, you could never get a commercial license here, but they can't stop me from growing my 6 until we vote on it again.

As a matter of fact, I can walk down ANY street in Colorado, happily swinging a 1 ounce bag of weed to and fro. For the people, by the people.



This is what was voted in:

(3) Personal use of marijuana. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN COLORADO OR BE A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY ONE YEARS OF AGE OR OLDER.

(a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA.

(b) POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING PLANTS, AND POSSESSION OF THE MARIJUANA PRODUCED BY THE PLANTS ON THE PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT THE GROWING TAKES PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT CONDUCTED OPENLY OR PUBLICLY, AND IS NOT MADE AVAILABLE FOR SALE.

(c) TRANSFER OF ONE OUNCE OR LESS OF MARIJUANA WITHOUT REMUNERATION TO A PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER.

[WelderDan]

Sounds to me your landlord is pretty cool, just concerned about how what you do might affect him. And that is understandable. As pro-cannabis as I am, I would be concerned about the legalities if I were him too. All it takes is one over zealous Prosecutor to fuck up his business and his life.

This is just me talking here. I'm not saying either of you is right or wrong, but if I were you, I would find a new location out of respect for the guy.

He sounds reasonable. And his concern for his business is reasonable. While having to tear down and move is obviously a bitch and a burden, it is in both parties best interest if you find a new place.

In my experience, shit goes from zero to out of control in a blink. Fighting it ain't worth the hassle for him or you. Get out before the shit hits the fan, because if he has to choose between his business and you, his business will win every time.

[stoned-trout]

landlords fear the feds...especially if they know your growing...technically they can loose the property if feds want it and show up....yeehaw.. I have a few friends that have rentals

[Lesterburnum]

Call a lawyer specializing in our industry. Meet with him and explain it. Have him write a letter to the landlord stating what his culpabilities are. As well as, guidelines by law to be complicit.

Not much he can ask if it's all lines out by someone smarter than us.

[barnyard]

The compensatory nature of the relationship makes it an issue under Amendment 64. Especially if the non-residence grow space is used exclusively for cultivation.

from: https://sensiblecolorado.org/amendment-64-faq/
"Overall, Amendment 64:

makes the private use, and limited possession and home-growing of marijuana legal under Colorado law for adults 21 years of age and older;
establishes a system in which marijuana is regulated, taxed, and distributed similarly to alcohol starting October 2013; and
requires the state legislature to permit the cultivation, processing, and sale of industrial hemp."

There is a "assisting another person" clause that you might get by with - like if someone willingly and knowingly allows you to use their private property to grow - but not when there is an exchange of money, IMO