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Policy 2011-3 Amended <br />Page 4 <br />Colorado Constitution. This was further modified in response to House Bill 17-1220, which <br />placed additional limits on marijuana cultivation at residential properties. The following <br />statutes may be referenced related to the policy amendments relevant to marijuana and <br />hemp cultivation: <br />1. Section 25-1.5-106 (8.5)(b), which states "A patient shall not cultivate more than <br />ninety-nine plants. Only a medical marijuana business licensed and properly <br />authorized pursuant to article 43.3 of title 12, C.R.S., may cultivate more than <br />ninety-nine plants." <br />2. Section 25-1.5-106 (8.6)(b), which states, "A primary caregiver shall not cultivate <br />more than ninety-nine plants. Only a medical marijuana business licensed and <br />properly authorized pursuant to article 43.3 of title 12, C.R.S., may cultivate more <br />than ninety-nine plants. The primary caregiver is not allowed to grow additional plants <br />until he or she is licensed by the state licensing authority." <br />3. Section 18-18-406(3)(a)(II)(A) and (B) which state, "(A) Regardless of whether the <br />plants are for medical or recreational use, it is unlawful for a person to knowingly <br />cutivate, grow, or produce more than twelve marijuana plants on or in a residential <br />property ... (B) Except ... for a medical marijuana patient or a primary caregiver with a <br />twenty -four -marijuana -plant -count -exception ... [and] if a county, municipality, or city <br />and county law expressly permits the cultivation, growth, or production of more than <br />twelve marijuana plants on or in a residential property". <br />4. Section 35-61-(102)(1)(a) which states, "Notwithstanding any other provision of law to <br />the contrary, a person who holds a registration issued pursuant to section 35-61-104 <br />may: (a) Engage in industrial hemp cultivation for commercial purposes; or (b) Grow <br />industrial hemp for research and development purposes". <br />References to Section 37-90-105 were added in 2018 to include residential small capacity <br />permits within the Designated Basins. At the same time, the reference to exempt well <br />permits that include permitted commercial use was removed from this policy because those <br />permits are more appropriately described in existing policies from 1985 and 1990. <br />Except as described herein, this policy may be modified or revoked only in writing by the <br />State Engineer. <br />Approved this 14th day of September, 2011. <br />Amended this 2111 day of October, 2016. <br />Amended this 1St day of March, 2018. <br />Kevin G. Rein, P.E. <br />Director/State Engineer <br />