Pubdate: Thu, 23 Sep 2010 Source: Aurora Sentinel (CO) Copyright: 2010 Aurora Sentinel Contact: http://www.aurorasentinel.com/ Details: http://www.mapinc.org/media/1672 Author: Sara Castellanos AURORA POT TASK FORCE CRAFTS PATIENTS-ONLY HOME-GROW RULE AURORA | Medical marijuana should be grown in a defined, 180-square-foot area within a single-family home, and it should be grown by a licensed medical marijuana patient, suggested the city's Medical Marijuana Task Force Sept. 15. The Medical Marijuana Task Force proposed two ordinances governing medical marijuana home grow operations at the Neighborhood Services Committee meeting. Committee members recommended the ordinances be combined into one, and further discussion about the "hybrid" ordinance will occur at the October committee meeting. The first suggested ordinance stipulates that the cultivation of marijuana plants must not be evident from the exterior of the house. The ordinance would prohibit any form of signage, unusual odors or undue vehicular or foot traffic that could result from the growing of marijuana. The ordinance also states that marijuana plants should not be grown in the common areas of a residence. Marijuana plants should be confined to a 180-square-foot area within a single family residence, a 130-square-foot area within an apartment or attached unit, and a 75-square-foot area within a multiple family unit, the ordinance states. The suggested square-footage for a single family residence has increased from the 80 square feet that was originally suggested to members of the task force by Timothy Tipton, co-founder of the Rocky Mountain Caregivers Cooperative. Tipton said in August that 80 square feet is an appropriate limitation in which marijuana plants could be cultivated successfully. However, in the discussions with other city officials and medical marijuana experts, the task force realized that 80 square feet was not appropriate, said Tom Nicholas, the chairman of the Medical Marijuana Task Force and deputy city manager. "We have to account for getting in between plants and trimming them," Nicholas said. "That's why we increased the square footage." A newly enacted Colorado law allows medical marijuana caregivers to have five patients and grow six plants per patient, but the law does not specify what is the allowable maximum number of plants. The second proposed ordinance stipulates that marijuana plants should be grown within a licensed patient's personal residence, and those marijuana plants should only be used by the patient to alleviate symptoms of a debilitating medical condition. It also clarifies the definition of "personal residence" to mean the place where the person's primary address is and the place that the person intends to return following any temporary absence such as a vacation. Councilwoman Melissa Miller voiced her primary concern at the meeting that some Aurora homeowners are using their residences strictly for growing marijuana. "I do have concerns about people who are just renting and buying homes to grow medical marijuana in those neighborhoods and nobody's living in that home," she said. "And those homes are being broken into and it's affecting those neighborhoods." Under city ordinances, it is illegal for a residential property to be used primarily for anything other than living, said Nancy Sheffield, neighborhood services liaison, at the meeting. Aurora Police Chief Dan Oates suggested at the meeting that the Medical Marijuana Task Force develops guidelines for police staff about how to quickly identify violations in medical marijuana home grows. "In every one of these locations, there will be a separate, critical inquiry and that's whether or not those folks are committing a crime in the possession of marijuana," Oates said. "Whether the possession of marijuana is a violation of state criminal law is a question today in residential areas, and it will be a question after the rules are put in place." As of July 1, the city's police officers have identified 63 locations where medical marijuana was being grown in a residential home in Aurora. That's up from the 54 grows that were reported by the police department in early June. Residents in about 30 locations showed some sort of documentation that justified the existence of the marijuana plants. The number of home grows increased by more than twofold in the past six months. Since home grows of medical marijuana have proliferated, Oates said his narcotics unit has devoted 40 percent of its time to identifying the home grows and determining whether they are legitimate. - --- MAP posted-by: Matt