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The Board of County Commissioners has approved on first reading an ordinance prohibiting various "marijuana facilities" in the unincorporated areas of the county, "including but not limited to public and state lands."

The BoCC will take final action on the ordinance at its second reading Jan. 22.

Recreational use of marijuana was approved by state voters as Amendment 64 to the Colorado constitution in the Nov. 6 general election. The measure also gives local governments across the state authority to "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores ... ." The county's proposed ordinance does precisely that.

Marijuana use is illegal under federal statute.

Text of the county ordinance notes that "approximately 54 percent of the votes cast on the (November) ballot were cast against the adoption of Amendment 64 in Delta County." The county elections department reports the final results as 6,940 in favor of Amendment 64 and 8,679 opposed. Therefore, adoption of the ordinance is consistent with the will of county voters, the ordinance concludes.

The ordinance includes as "unlawful acts" the maintenance of marijuana facilities used for cultivating and various processing of marijuana for wholesale trade; used for analyzing and certifying the safety and potency of marijuana; or, used for purchasing marijuana wholesale and selling marijuana and marijuana products to consumers.

The ordinance provides civil and criminal penalties for violations, including fines of up to $600 per violation. The ordinance does not speak to possession or use of marijuana as unlawful acts.

The ordinance contains a detailed definition of "marijuana" as referenced. It also specifies types of marijuana facilities dealt with, including the following ones:

• "Marijuana accessories" include equipment or materials of any kind used in producing, processing or using marijuana.

• "Marijuana cultivation facilities" are considered broadly as "any entity of any kind" used in producing or processing marijuana at the pre-consumer level.

• "Marijuana establishments" include retail marijuana stores and other types of facilities used in marijuana production, processing or testing.

• "Marijuana product manufacturing facilities" include those that produce marijuana products for consumers, but from which sales direct to consumers do not occur.

• "Marijuana products" include concentrated forms of the plant and derivatives intended for consumer uses including eating and topical application.

• "Marijuana testing facilities" are ones used for analysis and certification of marijuana.

• "Retail marijuana stores" are operations that sell marijuana or derivative products purchased elsewhere for resale direct to consumers.

Full text of the proposed five-page ordinance is available from the county.

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