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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)
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