9.7.211: CULTIVATION OF MARIJUANA:

   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)

9.7.212: UNLAWFUL TRANSFER OF MARIJUANA:

   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)

9.7.213: UNLAWFUL TRANSFER OF TOBACCO AND TOBACCO PRODUCTS:

   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)

PART 3 FIREWORKS

SECTION:

9.7.301: Definitions

9.7.302: Manufacture, Sale And Discharge Prohibited; Exception

9.7.303: Permits For Discharge Or Display; Application; Bond

9.7.304: Disposal Of Unfired Fireworks

9.7.305: Exception

9.7.306: Seizure Of Fireworks

9.7.301: DEFINITIONS:

FIREWORKS: Any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance, except that the term "Fireworks" shall not include any auto flares, paper caps containing not in excess of an average of 1/2,500 of a grain of explosive content per cap and toy pistols, toy canes, toy guns or other devices for use of the caps, the sale and use of which shall be permitted at all times. "Fireworks" shall also include those substances described in section 78.101 of the Uniform Fire Code, as amended in chapter 8 of this Code.

PYROTECHNIC SPECIAL EFFECTS MATERIAL (SPECIAL EFFECTS): A low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment production for which a permit from the Fire Chief is required for use or storage. (Ord. 92-77; Ord. 01-42)

9.7.302: MANUFACTURE, SALE AND DISCHARGE PROHIBITED; EXCEPTION:

   A.   The manufacture of fireworks within the City limits is prohibited except under special permits as are required by State and local regulations.

   B.   Except as provided in section 9.7.303 of this part, it is unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks. (Ord. 92-77; Ord. 01-42)

9.7.303: PERMITS FOR DISCHARGE OR DISPLAY; APPLICATION; BOND:

   A.   The Fire Chief or the Chief's designee shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, fair associations, amusement parks, other organizations or for the use of fireworks by artisans in pursuit of the person's trade. Every use or display shall be handled by a competent operator approved by the Fire Chief and shall be of a character and so located, discharged or fired so as, in the opinion of the Fire Chief after proper investigation, not to be hazardous to property or endanger any person.

   B.   The Fire Chief shall promulgate rules concerning the application and bond required for the granting of a permit for the supervised public display of fireworks. (Ord. 92-77; Ord. 01-42)