COLORADO SUPREME COURT Case: _________________

________________________________________________________________

Richard Earl Wainwright Jr.

Plaintiff

vs.

John Hickenlooper
Defendant
Governor of Colorado
136 State Capital Building
Denver, Colorado 80203
303-866-2471

and

Cynthia Coffman
Co-defendant
Attorney General of Colorado
1300 Broadway
Denver, Colorado 80203
720-508-6000

__________________________________________________________________

PETITION FOR EXTRAORDINARY WRIT OF INJUNCTION

______________________________________________________________________

! Comes now Richard Earl Wainwright Jr as private litigant representing

myself, a Colorado resident, Taxpayer, and representing all registered Colorado
Caregivers and Patients. Myself and well over 100,000 Colordoans have a direct
interest in being the target of the laws enacted by the legislature in 2017.
An exordinary writ of injunction issued by this Court before July1, 2017 is
the only means the target group of caregivers and patients have to halt the
expenditure in dispute, as it is the main, but not only, subject of HB17-1221.
 The procedures required of me by the lower Court conflicts with the publics
interests in the immediate $6million withdrawal from the Colorado General Fund.
July 1, 2017, the enactment of House Bill 17-1221, will trigger a withdrawal
of $6million from the General Fund for deposit into the subject of this injunction:
an Appropriations Bill, misidentified as a Grant / fund for the enforcement of
HB17-1220, and it will make the money available to Colorado law enforcement
agencies exclusively and immediately.
I beg the Supreme Court of Colorado, having the authority, (C.A.R.
21) and in the interest of the Colorado public, issue an extrtrordinary writ of
injunction, halting HB17-1221 from being enacted on July 1, 2017 for the
following reasons:

1) HB17-1221 is an Appropriations Bill, misidentified as a Grant available

to Colorado Law Enforcement exclusively and immediately on July 1, 2017. It is
indistinguishable from any other budget expenditure by the Legislature from the
General Fund to the Executive Branch for enforcement of Colorado laws.

2) HB17-1221 violates the single subject law (Colo. Const. Art.V, Section
21(2016) by changeing definitions in the statutes, as well as being an
Appropriations Bill.

3) The distribution in dispute from the General Fund July 1, 2017 occurs six
months before HB17-1220 goes into effect January 1, 2018. It is the law adopted at
the same time that limits possession of medical marajuna by constitutionally legal
patients and their caregivers and subjects them to criminal charges. HB17-1221
funds its enforcement and is the sole intent of the Appropriations Bill

2
misidentified as a Grant. Can the legislature put the cart before the horse in
this manner?

4) The recent arrests of a Marijuana Enforcement agent and of state licencees for
shipping marijuna out of the state belies the intent of both laws heretofore
mentioned in the testimony in support of HB17-1220 AND 1221 given by law
enforcement: that it is the Colorado Caregivers and Patients large[r] plant counts
that are responsible for out of state distribution of marijuana, to be mitigated by the
spending of the Grant money that will target, establish and identify and
criminalize a special group on January 1, 2018 in violation of the equal protection
clause of the US Constitution.

And so, I beg the Supreme Court of Colorado, having the authority (C.A.R.
21) and in the interest of the Colorado public, issue an extrtrordinary writ of
injunction, halting HB17-1221 from being enacted before July 1, 2017.

_____ __________
Richard Earl Wainwright Jr
June 22, 2017

8271 Quivira Drive

Thornton, Colorado 80229
720-448-7776
moth22.9@gmail.com

3
HOUSE BILL 17-1221
BY REPRESENTATIVE(S) Willett and Pabon, Carver, Arndt, Becker K.,
Garnett;
also SENATOR(S) Aguilar and Cooke, Baumgardner, Coram, Crowder,
Gardner, Hill, Holbert, Kagan, Kefalas, Kerr, Lambert, Lundberg,
Martinez Humenik, Merrifield, Neville T., Priola, Scott, Smallwood, Tate,
Todd, Williams A., Grantham.
CONCERNING GRAY AND BLACK MARKET MARIJUANA ENFORCEMENT
EFFORTS, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Through citizen-initiated measures, Colorado provided its
citizens protections for the cultivation and use of medical marijuana in
2000 and recreational marijuana in 2012;
(b) One of the reasons behind these citizen-initiated measures was
to erode the black market for marijuana in Colorado;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
(c) The constitutional provisions for both medical marijuana and
recreational marijuana provide protections for personal marijuana
cultivation, but are silent on the question of where marijuana plants may be
grown or processed for medical or recreational use;
(d) Although the authority for marijuana cultivation for both
medical and recreational marijuana is generally limited to six plants per
person, there are some provisions that can allow individuals to grow more
plants. Both the medical marijuana and recreational constitutional
provisions allow a citizen to assist another citizen in the cultivation of
marijuana.
(e) The assist provisions have created a situation in which
individuals are cultivating large quantities of marijuana in residential
properties;
(f) These large-scale cultivation sites in residential properties create
a public safety issue and are a public nuisance. A site in a residential
property can overburden the property's electrical system, resulting in

4
excessive power use and creating a fire hazard that puts first responders at
risk. A site can also cause water damage and mold in the residential
property. A site in a residential property can produce a noxious smell that
limits the ability of others who live in the area to enjoy the quiet of their
homes. Often the site is a rental home, and the renters cause significant
damage to the home by retrofitting the home to be used as a large-scale
cultivation site. When a residential property is used for a large-scale
cultivation site, it often lowers the property value of the property and thus
the property value of the rest of the neighborhood. Finally, a site in a
residential property can serve as a target for criminal activity, creating an
untenable public safety hazard.
(g) Large-scale, multi-national crime organizations have exploited
Colorado laws, rented multiple residential properties for large-scale
cultivation sites, and caused an influx of human trafficking and large
amounts of weapons as well as the potential for violent crimes in residential
neighborhoods;
(h) These large-scale cultivation sites in residential properties have
been used to divert marijuana out of state and to children; and
PAGE 2-HOUSE BILL 17-1221
(i) In awarding grants under the gray and black market marijuana
enforcement grant program, the department of local affairs shall give
priority to local governments in rural areas that have limited law
enforcement resources.
(2) Therefore, the general assembly determines that it is necessary
to impose reasonable limits on residential marijuana cultivation that do not
encroach on the protections afforded Colorado citizens in the Colorado
constitution.
SECTION 2. In Colorado Revised Statutes, 18-18-406, add (3.5)
as follows:
18-18-406. Offenses relating to marijuana and marijuana
concentrate - definition. (3.5) A PERSON IS NOT IN COMPLIANCE WITH THE
AUTHORITY TO ASSIST ANOTHER INDIVIDUAL GRANTED IN SECTION 14 (2)(b)
OR SECTION 16 (3)(e) OF ARTICLE XVIII OF THE STATE CONSTITUTION AND
IS SUBJECT TO THE OFFENSES AND PENALTIES OF SUBSECTION (3) OF THIS
SECTION IF THE PERSON POSSESSES ANY MARIJUANA PLANT HE OR SHE IS
GROWING ON BEHALF OF ANOTHER INDIVIDUAL, UNLESS HE OR SHE IS THE
PRIMARY CAREGIVER FOR THE INDIVIDUAL AND IS IN COMPLIANCE WITH THE
REQUIREMENTS OF SECTION 25-1.5-106.
SECTION 3. In Colorado Revised Statutes, add 24-32-119 as
follows:
24-32-119. Gray and black market marijuana enforcement

5
grant program - report - definition. (1) (a) THE GRAY AND BLACK
MARKET MARIJUANA ENFORCEMENT GRANT PROGRAM IS CREATED IN THE
DIVISION. THE DIVISION SHALL AWARD GRANTS TO LOCAL LAW
ENFORCEMENT AGENCIES AND DISTRICT ATTORNEYS TO COVER, IN PART OR
IN FULL, INVESTIGATION AND PROSECUTION COSTS ASSOCIATED WITH
UNLICENSED MARIJUANA CULTIVATION OR DISTRIBUTION OPERATIONS
CONDUCTED IN VIOLATION OF STATE LAW.
(b) THE DIVISION SHALL:
(I) SOLICIT AND REVIEW APPLICATIONS FOR GRANTS FROM LOCAL
LAW ENFORCEMENT AGENCIES AND DISTRICT ATTORNEYS; AND
PAGE 3-HOUSE BILL 17-1221
(II) SELECT LOCAL LAW ENFORCEMENT AGENCIES AND DISTRICT
ATTORNEYS TO RECEIVE GRANTS TO COVER COSTS ASSOCIATED WITH THE
INVESTIGATION AND PROSECUTION OF UNLICENSED MARIJUANA
CULTIVATION OR DISTRIBUTION OPERATIONS CONDUCTED IN VIOLATION OF
STATE LAW.
(c) GRANTS AWARDED BY THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF LOCAL AFFAIRS PURSUANT TO THIS SUBSECTION (1) SHALL
BE PRIORITIZED TO:
(I) PROVIDE NECESSARY FINANCIAL ASSISTANCE TO LOCAL LAW
ENFORCEMENT AGENCIES AND DISTRICT ATTORNEYS IN RURAL AREAS TO
ADDRESS UNLICENSED MARIJUANA CULTIVATION OR DISTRIBUTION
OPERATIONS CONDUCTED IN VIOLATION OF STATE LAW;
(II) SUPPORT LOCAL LAW ENFORCEMENT AGENCIES AND DISTRICT
ATTORNEYS IN INVESTIGATING AND PROSECUTING LARGE-SCALE
UNLICENSED MARIJUANA CULTIVATION OR DISTRIBUTION OPERATIONS
CONDUCTED IN VIOLATION OF STATE LAW;
(III) PROVIDE NECESSARY FINANCIAL ASSISTANCE TO LOCAL LAW
ENFORCEMENT AGENCIES AND DISTRICT ATTORNEYS IN THE INVESTIGATION
AND PROSECUTION OF ORGANIZED CRIME INVOLVED IN UNLICENSED
MARIJUANA CULTIVATION OR DISTRIBUTION OPERATIONS CONDUCTED IN
VIOLATION OF STATE LAW; OR
(IV) PROVIDE NECESSARY FINANCIAL ASSISTANCE TO LOCAL LAW
ENFORCEMENT AGENCIES AND DISTRICT ATTORNEYS IN THE INVESTIGATION
AND PROSECUTION OF UNLICENSED MARIJUANA CULTIVATION OR
DISTRIBUTION OPERATIONS THAT DIVERT MARIJUANA OUTSIDE OF
COLORADO.
(2) THE GENERAL ASSEMBLY MAY ANNUALLY APPROPRIATE MONEY
FROM THE MARIJUANA TAX CASH FUND CREATED IN SECTION 39-28.8-501
OR THE PROPOSITION AA REFUND ACCOUNT CREATED IN SECTION
39-28.8-604 (1) TO THE DIVISION TO MAKE THE GRANTS DESCRIBED IN
SUBSECTION (1) OF THIS SECTION AND FOR THE DIVISION'S REASONABLE
ADMINISTRATIVE EXPENSES RELATED TO THE GRANTS. ANY UNEXPENDED
AND UNENCUMBERED MONEY FROM AN APPROPRIATION MADE PURSUANT TO

6
THIS SUBSECTION (2) REMAINS AVAILABLE FOR EXPENDITURE BY THE
PAGE 4-HOUSE BILL 17-1221
DIVISION IN THE NEXT FISCAL YEAR WITHOUT FURTHER APPROPRIATION.
(3) THE DIVISION SHALL ADOPT POLICIES AND PROCEDURES THAT
ARE NECESSARY FOR THE ADMINISTRATION OF THE GRANT PROGRAM,
INCLUDING THE APPLICATION PROCESS AND THE GRANT AWARD CRITERIA.
(4) (a) ON OR BEFORE NOVEMBER 1, 2019, AND ON OR BEFORE
NOVEMBER 1 EACH YEAR THEREAFTER, THE DIVISION SHALL INCLUDE AN
UPDATE REGARDING THE EFFECTIVENESS OF THE GRANT PROGRAM IN ITS
REPORT TO THE MEMBERS OF THE APPLICABLE COMMITTEES OF REFERENCE
IN THE SENATE AND HOUSE OF REPRESENTATIVES AS REQUIRED BY THE
"STATE MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND
TRANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF
TITLE 2.
(b) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE REPORTS
REQUIRED IN SUBSECTION (4)(a) OF THIS SECTION CONTINUE INDEFINITELY.
(5) AS USED IN THIS SECTION, "RURAL AREA" MEANS:
(a) A COUNTY WITH A POPULATION OF LESS THAN TWO HUNDRED
THOUSAND PEOPLE, ACCORDING TO THE MOST RECENTLY AVAILABLE
POPULATION STATISTICS OF THE UNITED STATES BUREAU OF THE CENSUS;
OR
(b) A MUNICIPALITY WITH A POPULATION OF LESS THAN THIRTY
THOUSAND PEOPLE, ACCORDING TO THE MOST RECENTLY AVAILABLE
POPULATION STATISTICS OF THE UNITED STATES BUREAU OF THE CENSUS,
THAT IS LOCATED TEN MILES OR MORE FROM A MUNICIPALITY WITH A
POPULATION OF MORE THAN FIFTY THOUSAND PEOPLE.
SECTION 4. Appropriation. (1) For the 2017-18 state fiscal year,
$5,945,392 is appropriated to the department of local affairs. This
appropriation is from the marijuana tax cash fund created in section
39-28.8-501 (1), C.R.S. To implement this act, the department may use this
appropriation as follows:
(a) $5,919,036 for use by the division of local government for the
gray and black market marijuana enforcement grant program, which
amount is based on an assumption that the division will require an
PAGE 5-HOUSE BILL 17-1221
additional 1.3 FTE;
(b) $21,603 for the purchase of information technology services;
and
(c) $4,753 for the purchase of legal services.
(2) For the 2017-18 state fiscal year, $21,603 is appropriated to the
office of the governor for use by the office of information technology. This

7
appropriation is from reappropriated funds received from the department
of local affairs under subsection (1)(b) of this section. To implement this
act, the office may use this appropriation to provide information technology
services for the department of local affairs.
(3) For the 2017-18 state fiscal year, $4,753 is appropriated to the
department of law. This appropriation is from reappropriated funds
received from the department of local affairs under subsection (1)(c) of this
section. To implement this act, the department of law may use this
appropriation to provide legal services for the department of local affairs.
SECTION 5. Effective date - applicability. This act takes effect
July 1, 2017, and section 2 of this act applies to offenses committed on or
after said date.
PAGE 6-HOUSE BILL 17-1221
SECTION 6. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
____________________________ ____________________________
Crisanta Duran Kevin J. Grantham
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Marilyn Eddins Effie Ameen
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-HOUSE BILL 17-1221

8
HOUSE BILL 17-1220
BY REPRESENTATIVE(S) Becker K. and Wist, Carver, Esgar, Landgraf,
Lawrence, Pabon, Thurlow, Van Winkle, Young, Arndt, Beckman,
Covarrubias, Garnett, Ginal, Liston, Lundeen, McKean, Navarro,
Nordberg, Pettersen, Ransom, Sias, Willett, Wilson, Gray, Hamner,
Hooton, Kennedy, Kraft-Tharp, Neville P., Valdez, Williams D., Duran;
also SENATOR(S) Gardner and Fields, Priola, Cooke, Court, Crowder,
Hill, Holbert, Lambert, Martinez Humenik, Neville T., Smallwood, Tate,
Todd, Williams A., Grantham.
CONCERNING MEASURES TO STOP DIVERSION OF LEGAL MARIJUANA TO THE
ILLEGAL MARKET.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Through citizen-initiated measures, Colorado provided its
citizens protections for the cultivation and use of medical marijuana in
2000 and recreational marijuana in 2012;
(b) One of the reasons behind these citizen-initiated measures was
to erode the black market for marijuana in Colorado;
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
(c) The constitutional provisions for both medical marijuana and
recreational marijuana provide protections for personal marijuana
cultivation, but these provisions are silent on the question of where
marijuana plants may be grown or processed for medical or recreational
use;
(d) Although the authority for marijuana cultivation for both
medical and recreational marijuana is generally limited to six plants per
person, some provisions allow individuals to grow more plants. In the
medical marijuana code, a patient can grow an "extended plant count" if his
or her physician, who makes the medical marijuana recommendation, also
determines the patient has a medical necessity for more than six plants. As
well, a primary caregiver can grow medical marijuana for each of the
patients that he or she serves.
(e) The extended plant count and primary caregiver provisions have

9
created a situation in which individuals are cultivating large quantities of
marijuana in residential homes;
(f) These large-scale cultivation sites in residential properties create
a public safety issue and are a public nuisance. A site in a residential
property can overburden the home's electrical system, resulting in excessive
power use and creating a fire hazard that puts first responders at risk. A site
can also cause water damage and mold in the residential property. A site in
a residential property can produce a noxious smell that limits the ability of
others who live in the area to enjoy the quiet of their homes. Often the site
is a rental home, and the renters cause significant damage to the home by
retrofitting the home to be used as a large-scale cultivation site. When
residential property is used for a large-scale cultivation site, it often lowers
the value of the property and thus the property value of the rest of the
neighborhood. Finally, a site in a residential property can serve as a target
for criminal activity, creating an untenable public safety hazard.
(g) Large-scale, multi-national crime organizations have exploited
Colorado laws, rented multiple residential properties for large-scale
cultivation sites, and caused an influx of human trafficking and large
amounts of weapons as well as the potential for violent crimes in residential
neighborhoods;
PAGE 2-HOUSE BILL 17-1220
(h) Large-scale cultivation sites in residential properties have been
used to divert marijuana out of state and to children.
(2) Therefore, the general assembly determines that it is necessary
to impose reasonable limits on residential marijuana cultivation that do not
encroach on the protections afforded Colorado citizens in the Colorado
constitution.
SECTION 2. In Colorado Revised Statutes, 18-18-406, amend
(3)(a); and add (3)(c) as follows:
18-18-406. Offenses relating to marijuana and marijuana
concentrate - definition. (3) (a) (I) It is unlawful for a person to
knowingly cultivate, grow, or produce a marijuana plant or knowingly
allow a marijuana plant to be cultivated, grown, or produced on land that
the person owns, occupies, or controls.
(II) (A) REGARDLESS OF WHETHER THE PLANTS ARE FOR MEDICAL
OR RECREATIONAL USE, IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY
CULTIVATE, GROW, OR PRODUCE MORE THAN TWELVE MARIJUANA PLANTS
ON OR IN A RESIDENTIAL PROPERTY; OR TO KNOWINGLY ALLOW MORE THAN
TWELVE MARIJUANA PLANTS TO BE CULTIVATED, GROWN, OR PRODUCED ON
OR IN A RESIDENTIAL PROPERTY.

10
(B) EXCEPT AS PROVIDED IN SECTION 25-1.5-106 (8.5)(a.5)(I) OR
SECTION 25-1.5-106 (8.6)(a)(I.5) FOR A MEDICAL MARIJUANA PATIENT OR
A PRIMARY CAREGIVER WITH A TWENTY-FOUR-MARIJUANA-PLANT-COUNT
EXCEPTION TO SUBSECTION (3)(a)(II)(A) OF THIS SECTION, IT IS NOT A
VIOLATION OF SUBSECTION (3)(a)(II)(A) OF THIS SECTION IF A COUNTY,
MUNICIPALITY, OR CITY AND COUNTY LAW EXPRESSLY PERMITS THE
CULTIVATION, GROWTH, OR PRODUCTION OF MORE THAN TWELVE
MARIJUANA PLANTS ON OR IN A RESIDENTIAL PROPERTY AND THE PERSON IS
CULTIVATING, GROWING, OR PRODUCING THE PLANTS IN AN ENCLOSED AND
LOCKED SPACE AND WITHIN THE LIMIT SET BY THE COUNTY, MUNICIPALITY,
OR CITY AND COUNTY WHERE THE PLANTS ARE LOCATED.
(III) A person who violates the provisions of this subsection (3)
SUBSECTION (3)(a)(I) OF THIS SECTION commits:
(I) (A) A level 3 drug felony if the offense involves more than thirty
PAGE 3-HOUSE BILL 17-1220
plants;
(II) (B) A level 4 drug felony if the offense involves more than six
but not more than thirty plants; or
(III) (C) A level 1 drug misdemeanor if the offense involves not
more than six plants.
(IV) A PERSON WHO VIOLATES THE PROVISIONS OF SUBSECTION
(3)(a)(II)(A) OF THIS SECTION COMMITS:
(A) A LEVEL 1 DRUG PETTY OFFENSE FOR A FIRST OFFENSE IF THE
OFFENSE INVOLVES MORE THAN TWELVE PLANTS, AND, UPON CONVICTION,
SHALL BE PUNISHED BY A FINE OF UP TO ONE THOUSAND DOLLARS;
(B) A LEVEL 1 DRUG MISDEMEANOR FOR A SECOND OR SUBSEQUENT
OFFENSE IF THE OFFENSE INVOLVES MORE THAN TWELVE BUT NOT MORE
THAN TWENTY-FOUR PLANTS; OR
(C) A LEVEL 3 DRUG FELONY FOR A SECOND OR SUBSEQUENT
OFFENSE IF THE OFFENSE INVOLVES MORE THAN TWENTY-FOUR PLANTS.
(V) PROSECUTION UNDER SUBSECTION (3)(a)(II)(A) OF THIS SECTION
DOES NOT PROHIBIT PROSECUTION UNDER ANY OTHER SECTION OF LAW.
(c) FOR PURPOSES OF THIS SUBSECTION (3):
(I) "FLOWERING" MEANS THE REPRODUCTIVE STATE OF THE
CANNABIS PLANT IN WHICH THERE ARE PHYSICAL SIGNS OF FLOWER
BUDDING OUT OF THE NODES IN THE STEM.
(II) "PLANT" MEANS ANY CANNABIS PLANT IN A CULTIVATING
MEDIUM WHICH PLANT IS MORE THAN FOUR INCHES WIDE OR FOUR INCHES
HIGH OR A FLOWERING CANNABIS PLANT REGARDLESS OF THE PLANT'S SIZE.
(III) "RESIDENTIAL PROPERTY" MEANS A SINGLE UNIT PROVIDING
COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS,

11
INCLUDING PERMANENT PROVISIONS FOR LIVING, SLEEPING, EATING,
COOKING, AND SANITATION. "RESIDENTIAL PROPERTY" ALSO INCLUDES THE
REAL PROPERTY SURROUNDING A STRUCTURE, OWNED IN COMMON WITH
PAGE 4-HOUSE BILL 17-1220
THE STRUCTURE, THAT INCLUDES ONE OR MORE SINGLE UNITS PROVIDING
COMPLETE INDEPENDENT LIVING FACILITIES.
SECTION 3. In Colorado Revised Statutes, 25-1.5-106, amend
(7)(e)(I)(A); and add (2)(e.3), (8.5)(a.5), (8.5)(b.5), (8.6)(a)(I.5), and
(8.6)(a)(I.6) as follows:
25-1.5-106. Medical marijuana program - powers and duties of
state health agency - rules - medical review board - medical marijuana
program cash fund - subaccount - created - repeal. (2) Definitions. In
addition to the definitions set forth in section 14 (1) of article XVIII of the
state constitution, as used in this section, unless the context otherwise
requires:
(e.3) "RESIDENTIAL PROPERTY" MEANS A SINGLE UNIT PROVIDING
COMPLETE INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS,
INCLUDING PERMANENT PROVISIONS FOR LIVING, SLEEPING, EATING,
COOKING, AND SANITATION. "RESIDENTIAL PROPERTY" ALSO INCLUDES THE
REAL PROPERTY SURROUNDING A STRUCTURE, OWNED IN COMMON WITH
THE STRUCTURE, THAT INCLUDES ONE OR MORE SINGLE UNITS PROVIDING
COMPLETE INDEPENDENT LIVING FACILITIES.
(7) Primary caregivers. (e) (I) (A) In order to be a primary
caregiver who cultivates medical marijuana for his or her patients or
transports medical marijuana for his or her patients, he or she shall also
register with the state licensing authority AND COMPLY WITH ALL LOCAL
LAWS, REGULATIONS, AND ZONING AND USE RESTRICTIONS. A person may
not register as a primary caregiver if he or she is licensed as a medical
marijuana business as described in part 4 of article 43.3 of title 12 C.R.S.,
or a retail marijuana business as described in part 4 of article 43.4 of title
12. C.R.S. An employee, contractor, or other support staff employed by a
licensed entity pursuant to article 43.3 or 43.4 of title 12, C.R.S., or
working in or having access to a restricted area of a licensed premises
pursuant to article 43.3 or 43.4 of title 12, C.R.S., may be a primary
caregiver.
(8.5) Encourage patient voluntary registration - plant limits.
(a.5) (I) UNLESS OTHERWISE EXPRESSLY AUTHORIZED BY LOCAL LAW, IT IS
UNLAWFUL FOR A PATIENT TO POSSESS AT OR CULTIVATE ON A RESIDENTIAL
PROPERTY MORE THAN TWELVE MARIJUANA PLANTS REGARDLESS OF THE
PAGE 5-HOUSE BILL 17-1220
NUMBER OF PERSONS RESIDING, EITHER TEMPORARILY OR PERMANENTLY,

12
AT THE PROPERTY; EXCEPT THAT IT IS UNLAWFUL FOR A PATIENT TO POSSESS
AT OR CULTIVATE ON OR IN A RESIDENTIAL PROPERTY MORE THAN
TWENTY-FOUR MARIJUANA PLANTS REGARDLESS OF THE NUMBER OF
PERSONS RESIDING, EITHER TEMPORARILY OR PERMANENTLY, AT THE
PROPERTY IF A PATIENT:
(A) LIVES IN A COUNTY, MUNICIPALITY, OR CITY AND COUNTY THAT
DOES NOT LIMIT THE NUMBER OF MARIJUANA PLANTS THAT MAY BE GROWN
ON OR IN A RESIDENTIAL PROPERTY;
(B) REGISTERS PURSUANT TO THIS SUBSECTION (8.5) WITH THE
STATE LICENSING AUTHORITY'S REGISTRY; AND
(C) PROVIDES NOTICE TO THE APPLICABLE COUNTY, MUNICIPALITY,
OR CITY AND COUNTY OF HIS OR HER RESIDENTIAL CULTIVATION OPERATION
IF REQUIRED BY THE JURISDICTION. A LOCAL JURISDICTION SHALL NOT
PROVIDE THE INFORMATION PROVIDED TO IT PURSUANT TO THIS SUBSECTION
(8.5)(a.5)(I)(C) TO THE PUBLIC, AND THE INFORMATION IS CONFIDENTIAL.
(II) A PATIENT WHO CULTIVATES MORE MARIJUANA PLANTS THAN
PERMITTED IN SUBSECTION (8.5)(a.5)(I) OF THIS SECTION SHALL LOCATE HIS
OR HER CULTIVATION OPERATION ON A PROPERTY, OTHER THAN A
RESIDENTIAL PROPERTY, WHERE MARIJUANA CULTIVATION IS ALLOWED BY
LOCAL LAW AND SHALL COMPLY WITH ANY APPLICABLE LOCAL LAW
REQUIRING DISCLOSURE ABOUT THE CULTIVATION OPERATION.
CULTIVATION OPERATIONS CONDUCTED IN A LOCATION OTHER THAN A
RESIDENTIAL PROPERTY ARE SUBJECT TO ANY COUNTY AND MUNICIPAL
BUILDING AND PUBLIC HEALTH INSPECTION REQUIRED BY LOCAL LAW. A
PERSON WHO VIOLATES THIS SUBSECTION (8.5)(a.5) IS SUBJECT TO THE
OFFENSES AND PENALTIES DESCRIBED IN SECTION 18-18-406.
(b.5) A PATIENT WHO CULTIVATES HIS OR HER OWN MEDICAL
MARIJUANA PLANTS SHALL COMPLY WITH ALL LOCAL LAWS, REGULATIONS,
AND ZONING AND USE RESTRICTIONS.
(8.6) Primary caregivers plant limits - exceptional
circumstances. (a) (I.5) UNLESS OTHERWISE EXPRESSLY AUTHORIZED BY
LOCAL LAW, IT IS UNLAWFUL FOR A PRIMARY CAREGIVER TO POSSESS AT OR
CULTIVATE ON A RESIDENTIAL PROPERTY MORE THAN TWELVE MARIJUANA
PAGE 6-HOUSE BILL 17-1220
PLANTS REGARDLESS OF THE NUMBER OF PERSONS RESIDING, EITHER
TEMPORARILY OR PERMANENTLY, AT THE PROPERTY; EXCEPT THAT IT IS
UNLAWFUL FOR A PRIMARY CAREGIVER TO POSSESS AT OR CULTIVATE ON OR
IN A RESIDENTIAL PROPERTY MORE THAN TWENTY-FOUR MARIJUANA PLANTS
REGARDLESS OF THE NUMBER OF PERSONS RESIDING, EITHER TEMPORARILY
OR PERMANENTLY, AT THE PROPERTY IF A PRIMARY CAREGIVER:
(A) LIVES IN A COUNTY, MUNICIPALITY, OR CITY AND COUNTY THAT
DOES NOT LIMIT THE NUMBER OF MARIJUANA PLANTS THAT MAY BE GROWN

13
ON OR IN A RESIDENTIAL PROPERTY;
(B) IS REGISTERED PURSUANT TO THIS SUBSECTION (8.6) WITH THE
STATE LICENSING AUTHORITY'S REGISTRY; AND
(C) PROVIDES NOTICE TO THE APPLICABLE COUNTY, MUNICIPALITY,
OR CITY AND COUNTY OF HIS OR HER RESIDENTIAL CULTIVATION OPERATION
IF REQUIRED BY THE JURISDICTION. A LOCAL JURISDICTION SHALL NOT
PROVIDE THE INFORMATION PROVIDED TO IT PURSUANT TO THIS SUBSECTION
(8.6)(a)(I.5) TO THE PUBLIC, AND THE INFORMATION IS CONFIDENTIAL.
(I.6) ANY PRIMARY CAREGIVER WHO CULTIVATES MORE MARIJUANA
PLANTS THAN PERMITTED IN SUBSECTION (8.6)(a)(I.5) OF THIS SECTION
SHALL LOCATE HIS OR HER CULTIVATION OPERATION ON A PROPERTY, OTHER
THAN A RESIDENTIAL PROPERTY, WHERE MARIJUANA CULTIVATION IS
ALLOWED BY LOCAL LAW AND SHALL COMPLY WITH ANY APPLICABLE
LOCAL LAW REQUIRING DISCLOSURE ABOUT THE CULTIVATION OPERATION.
CULTIVATION OPERATIONS CONDUCTED IN A LOCATION OTHER THAN A
RESIDENTIAL PROPERTY ARE SUBJECT TO ANY COUNTY AND MUNICIPAL
BUILDING AND PUBLIC HEALTH INSPECTION REQUIRED BY LOCAL LAW. A
PERSON WHO VIOLATES SUBSECTION (8.6)(a)(I) OF THIS SECTION IS SUBJECT
TO THE OFFENSES AND PENALTIES DESCRIBED IN SECTION 18-18-406.
SECTION 4. Act subject to petition - effective date -
applicability. (1) This act takes effect January 1, 2018; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within the
ninety-day period after final adjournment of the general assembly, then the
act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2018 and, in such case, will
take effect on the date of the official declaration of the vote thereon by the
PAGE 7-HOUSE BILL 17-1220
governor.
(2) Section 2 of this act applies to offenses committed on or after
the applicable effective date of this act.
____________________________ ____________________________
Crisanta Duran Kevin J. Grantham
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Marilyn Eddins Effie Ameen
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________

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John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO
PAGE 8-HOUSE BILL 17-1220

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