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Durango considers revised pot ordinance

Laws would govern personal grows, marijuana possession
On Tuesday, the Durango City Council discussed the first draft of laws that could eventually govern personal marijuana possession and cultivation in town.

It might be OK to carry marijuana into a city building, but it could be dangerous to grow it in a condo.

These were some of the thoughts from the Durango City Council on Tuesday on the first draft of laws that eventually could govern personal marijuana possession and cultivation in town.

State law already prohibits using marijuana in public, and it grants each adult the right to grow six plants. But now, councilors are reviewing local laws that could refine rules around possession and home grows.

City Attorney Dirk Nelson proposed prohibiting anyone from carrying pot into a city-owned building, such as the Durango Public Library, the Durango-La Plata County Airport and the Durango Transit Center.

But Councilor Keith Brant pointed out enforcing the law could be difficult given the variety of marijuana-infused products.

“The fact that a lot of those products aren’t marijuana leaves makes the whole thing totally wacky,” he said.

Other councilors agreed and directed Nelson remove that piece of the law, especially because state law already prohibits public use.

However, growing marijuana at home raised safety concerns for the council.

Right now, the draft law limits each single-family residence to 12 marijuana plants, no matter the number of adults.

It also would prohibit growing marijuana in any home that shares a wall with another residence because the lights could cause a fire and the plants could encourage mold, Nelson said.

This law runs counter to Amendment 64, but Nelson is not aware of any lawsuits challenging zoning laws that address growing marijuana.

The city also proposes outlawing growing pot in a shed or detached garage, locations that also could present a safety risk.

Concerns around smell also were part of the discussion, and City Councilor Sweetie Marbury wrinkled her nose at the memory of the aroma. But the councilors agreed not to limit using marijuana on private property.

“Even if your neighbor can smell what you’re doing ... it’s OK,” Nelson said.

The new laws also addressed other details such as a process for caregivers to get the right to grow more than 12 marijuana plants.

More public discussions will be scheduled to review the new law.

“This is not cast in stone forever,” Nelson said.

mshinn@durangoherald.com



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