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It shall be unlawful for any person to consume marijuana while in a vehicle which is on any street, roadway or other public place in the City, or for the driver, owner or person in control of a vehicle to permit any person to consume marijuana in a vehicle while the vehicle is on any street, roadway or other public place in the City. (Ord. 13-19)
A. It shall be unlawful for any person to manufacture marijuana concentrates, including, but not limited to, the production of "hash oil" by the use of a compressed flammable gas, flammable gas, flammable liquid or combustible liquid as a solvent in the extraction of tetrahydrocannabinol and/or other cannabinoids in a residential setting within the City of Colorado Springs.
B. For the purposes of this section, the term "residential setting" means the use of a building or structure, or portion thereof, for sleeping purposes, where the occupants are transient or permanent in nature, including, but not limited to, houses, duplexes, boarding homes, hotels, motels, apartment houses, dormitories, live/work units or care facilities. (Ord. 15-55)
A. It shall be unlawful for any person under the age of eighteen (18) to have in the person's possession any item of marijuana paraphernalia.
B. For purposes of this section, the term "marijuana paraphernalia" means equipment, products, or materials of any kind which are used, intended for use, or designed for use in propagating, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
C. Marijuana paraphernalia does not include equipment, products or material of any kind that are used or intended for use in compliance with section 14 of article XVIII of the Colorado Constitution and the implementing State Statutes and administrative policies.
D. In determining whether an object is marijuana paraphernalia, a judge, in its discretion, may consider, in addition to all other relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. The proximity of the object to marijuana or other controlled substances;
3. The existence of any marijuana residue or marijuana odor on the object;
4. Any article of marijuana paraphernalia with labeling indicating the uses of the article shall be admissible into evidence, and the information contained on any label of the article of marijuana paraphernalia shall be admissible into evidence and shall not constitute hearsay.
E. It shall be prima facie evidence of a violation of this section if the prosecution presents evidence of a presumptive field test with a positive result for marijuana.
F. It shall be prima facie evidence of a violation of this section if the prosecution presents evidence that the defendant was under the age of eighteen (18) and possessed marijuana paraphernalia anywhere in the City limits. (Ord. 15-100)
A. 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.
B. Regardless of whether the marijuana plant(s) are for medical or recreational use, it is unlawful for a person to knowingly cultivate, grow, or produce more than twelve (12) marijuana plants, with one-half (1/2) or fewer being mature, flowering plants, on or in a residential property; or to knowingly allow more than twelve (12) marijuana plants, with one-half (1/2) or fewer being mature, flowering plants to be cultivated, grown, or produced on or in a residential unit.
C. It shall be an affirmative defense to a violation of this section:
1. That the person is lawfully cultivating medical marijuana pursuant to a license issued by the City of Colorado Springs and State of Colorado;
2. That the person is lawfully cultivating marijuana and/or medical marijuana in compliance with the Zoning Code.
D. A defendant raising an affirmative defense pursuant to subsection C of this section shall provide written notice to the Court and prosecuting attorney not less than fourteen (14) days prior to trial.
E. As used in this section, "marijuana plant" means all parts of the plant of the genus Cannabis whether growing or not, including, but not limited to, immature and mature plants, and any seeds, leaves, stalks, and flowers, without regard for cannabinoid concentration levels.
F. In addition to any other competent evidence identifying a substance as marijuana, results of the field test known as the "Duquenois-Levine Reagent System" shall be admissible in evidence and shall be prima facie evidence of whether or not the substance tested was marijuana. (Ord. 16-55; Ord. 18-52)
A. Transfer: It is unlawful for a person to transfer marijuana or marijuana concentrate at no cost to a person if the transfer is in any way related to remuneration for any other service or product.
B. Dispense; Sell; Distribute: Except as authorized by chapter 2, article 2, part 1 of this Code, it is unlawful for a person to knowingly dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute not more than four (4) ounces of marijuana or not more than two (2) ounces of marijuana concentrate; or attempt, induce, attempt to induce, or conspire with one or more other persons, to dispense, sell, distribute, or possess with intent to manufacture, dispense, sell, or distribute not more than four (4) ounces of marijuana or not more than two (2) ounces of marijuana concentrate.
C. Defined: As used in this section, marijuana and marijuana concentrate shall have the same meanings as set forth in section 9.7.206 of this part.
D. Evidence: In addition to any other competent evidence identifying a substance as marijuana, or marijuana concentrate, results of the field test known as the "Duquenois-Levine Reagent System" shall be admissible in evidence and shall be prima facie evidence of whether or not the substance tested was marijuana or marijuana concentrate. (Ord. 17-29; Ord. 18-53)
A. As used in this section, TOBACCO PRODUCT means:
1. Any product which contains, is made or derived from tobacco or used to deliver nicotine, synthetic nicotine or other substances intended for human consumption, whether heated, chewed, applied to the skin, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to Cigarettes, Cigars, Little Cigars, chewing tobacco, pipe tobacco, snuff, bidis, snus, nicotine product, mints, hand gels;
2. Any device that can be used to deliver tobacco or nicotine to the person inhaling from the device, including an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or other electronic smoking device;
3. The term Tobacco Product does not include:
a. Any product that contains marijuana; and
b. Any product made from or derived from tobacco and approved by the Food and Drug Administration (FDA) for use in connection with cessation of smoking.
B. Unlawful Transfer: It shall be unlawful for any person to knowingly dispense, sell, distribute, or transfer any tobacco or tobacco product to any person under the age of twenty-one (21).
C. Affirmative Defense: It shall be an affirmative defense to a prosecution under paragraph B of this section that the person furnishing the tobacco or tobacco product was presented with and reasonably relied upon a government-issued photographic identification that identified the individual receiving the tobacco or tobacco product as being twenty-one (21) years of age or older. (Ord. 20-75)
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