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Lenny Frieling May 2, 2020

Growing at Home? Whose Home? Can You Do It?

If you own the residence in which you are going to grow, you must know if you are controlled (along with the rest of the controlling laws and regulations) if you are in a municipality or in an unincorporated part of a county? Generally, every single city has its own cannabis grow laws, and none of them match.
If you are in a development with an HOA, there will be additional rules controlling what you can and can’t do.

The HOA might even have rules purporting to forbid a home-grow in the controlled neighborhood. Apartments, Section 8, and shared living arrangements can introduce added levels of law, regs, rules, etc.

If someone is renting, are there limitations on growing in their lease? Is their lease even the “Master Lease” or are you leasing from someone who is in turn leasing from someone who is leasing from the owner? Are there any prohibitions anywhere limiting home grows?

Lafayette Colorado, for example, limits the plant count, the size of the grow, and the wattage! No more than 1200 watts!! As an old NJ boy, I feel a twinge in my Thomas Edison tendon. I believe that section of the Lafayette Municipal Code was put in place before various LED options were extant.

Plant count limits apply generally though not consistently to a living unit, a residence unit. That may, or may not, consist of a place to sleep, a bathroom, and a place to cook. Some locations, some cities, define a “residence unit.” Some care about whether it is one of a group of more than one residence located on a single property.

My experience is repetitive in that first, there is never a “quick easy 5 minute answer.” Second, a real answer, worthy of a decent lawyer, takes one to two hours,, and sometimes more. Your lawyer will absolutely need the address of the grow, preferably including the city or county of the location. A google earth picture is helpful. To put together an answer that I am confident with generally takes me the hours, and sometimes there are follow-up questions. Lawyers charge differently of course. I charge hourly.
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Lenny Frieling


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