The City of Walsenburg allows both retail and medical marijuana retail stores, growing operations, product manufacturing and testing facilities as long as they meet all aspects of Colorado law and City ordinances. There are restrictions on location. Questions about licensing, fees, taxes and other regulations can be answered by the Deputy City Clerk at 719-738-1048
Colorado law allows residents to grow marijuana in their homes for personal use.
- Up to six plants are allowed per Colorado resident over age 21, with as many as three plants flowering at one time.
- Beginning January 1, 2018, all residences will be limited to a maximum of 12 plants unless certain requirements are met.
- Marijuana plants must be kept in an enclosed, locked area that can’t be viewed openly. This means the plants can’t be outside.
- Homegrown marijuana or marijuana products can’t be sold to anyone. Only licensed grow establishments can sell marijuana products
In addition the City of Walsenburg, in keeping with State guidance, prohibits “more than 12 marijuana plants on or in a residential property regardless of whether the plants are for medical or recreational use and regardless of the number of persons residing temporarily or permanently on a residential property” (Ord.1108)
Commercial Marijuana Licensing
Medical Marijuana licensing authority and requirements are contained in Ord. 1020 as amended.
Retail Marijuana licensing authority and requirements are contained in Ord. 1057 as amended.
Marijuana, like alcohol, is a dual licensing authority which means that prior to conducting business there must be both a State License and a Local License.
Commercial Marijuana Licensing begins by filing the proper application and supporting documents with the State of Colorado Marijuana Enforcement Division (MED) and paying the state application fee.
Once the State of Colorado has provisionally accepted an application it must be submitted to the Local Licensing Authority (Ord. 1020 Sec. 4-10-9) along with the Local Licensing Fee. (Sec. 4-10-27)
Upon receipt of a completed application the City will conduct a review and investigation of application. A public hearing before City Council will be scheduled no sooner than 30 days from the time of application. Public notice requirements must be met by the applicant in a timely fashion. City Council will render a written decision within 30 days after the hearing.
Licenses are issued for a period of one year and must be renewed annually not less than 45 days prior to expiration and the Annual Renewal Fee must be paid. (Resolution 2016 R-06a)
Other Restrictions and Requirements
- Distance requirements must be complied with for approval. (see Ord. 1020 Sec. 4-10-31, Ord. 1055, Ord.1114)
- Zoning requirements - with the adoption of Ord. 1106 Retail Marijuana facilities are no longer a “use by right” in any zoning district and must obtain a Special Use permit, prior to commencing business.
- Excise Tax - Retail marijuana Cultivation Facilities are subject to a 5% excise tax on the sale and other transfer of unprocessed retail marijuana.
- Water Use - Greenhouses and Warehouses used for growing plants are charged according to a different rate than other water service customers (Ord. 1056)
Municipal Ordinances related to Marijuana
Ordinance No, 994 (FAILED) -- An Ordinance Establishing Local Licensing Authority And Licensing For Medical Marijuana Dispensaries
Ordinance No, 1020 -- An Ordinance Establishing A Local Licensing Authority And Licensing For Medical Marijuana
Ordinance No. 1021 -- An Ordinance Prohibiting The Operation Of Recreational Marijuana Cultivation Facilities, Marijuana Product Manufacturing Facilities, Marijuana Testing Facilities, And Retail Marijuana Stores
Ordinance No. 1041 -- An Ordinance Providing Zoning Districts For Medical Marijuana Centers Optional Premises Cultivation And Infused Products Manufacturing
Ordinance No, 1055 -- An Ordinance Amending Ordinance Number 1020 The Medical Marijuana Dispensary Ordinance
Ordinance No, 1056 -- An Ordinance Establishing A Treated Water Rate For Greenhouses And Warehouses Used For The Purpose Of Growing Plants
Ordinance No, 1057 -- An Ordinance Authorizing Licensing Of Retail Marijuana Stores, Cultivation Facilities, Product Manufacturing And Testing Facilities Pursuant To The Colorado Constitution Article 8 Section 16 And Crs 12 -43.4-309(1)
Ordinance No, 1058 -- An Ordinance Providing Zoning Districts For Retail Marijuana Stores Retail Marijuana Cultivation Facilities Retail Marijuana Products Manufacturing And Retail Marijuana Testing Facilities
Ordinance No, 1060 -- An Ordinance Amending Ordinance Number 1020 The Medical Marijuana Dispensary Ordinance
Ordinance No, 1079 (TABLED) -- An Ordinance Amending The Zoning Ordinance Of The City Of Walsenburg Providing For The Non Licensed Cultivation And Growth Of Marijuana
Ordinance No, 1102 -- An Ordinance Of The City Of Walsenburg Colorado Referring To The Electors Of The City At The Cities November 7, 2017 Regular Election The Question Of Whether To Impose A 5% Excise Tax On The Sale And Other Transfer Of Unprocessed Retail Marijuana As Provided In CRS 29-2-114(2)
Ordinance No, 1106 -- An Ordinance Amending Ordinance Number 1058 Regarding Providing Zoning Districts For Retail Marijuana Stores Retail Marijuana Cultivation Facilities Retail Marijuana Products Manufacturing And Retail Marijuana Testing Facilities
Ordinance No, 1108 -- An Ordinance Restricting The Number Of Marijuana Plants That May Be Possessed Cultivated Grown Or Produced On A Residential Property
Ordinance No, 1114 -- An Ordinance Amending Ordinance Number 1057 5(v) Modifying The Mandatory Distance Between The Premises Of License Retail Marijuana Stores
Municipal Resolutions related to Marijuana
Resolution 2016 R-06a -- A Resolution Amending The Annual Operating Fee For Retail Marijuana Establishments