It’s now illegal in Cortez to grow pot outdoors for personal use.
An ordinance passed this week by the Cortez City Council clarified previous ordinances that banned outdoor grows for medical and retail marijuana, but didn’t cover outdoor grows for personal use.
The new ordinance also adds consistency and clarification to the Cortez land-use and municipal codes.
“This is just to give us a handle on outdoor cultivation. The ordinances now are currently unclear. This clears it up and makes it illegal,” said City Attorney Mike Green, who added that he’s been fielding questions and calls about the issue. “This idea is keeping kids and other people from jumping fences and getting pot. ... It makes life easier.”
A few growers spoke out against the ordinance during the public hearing, saying that it unfairly penalizes users who can’t afford to pay dispensary prices and can’t spare the added expense of growing indoors. They also questioned whether the ban was being put in place because no tax revenue is gained by the city from personal outdoor grows.
“Most people I know who do it (grow outdoors) are on SSI or disabled and use it to make edibles to manage pain,” said Cortez resident James Burke, who noted he’s been growing his medical marijuana outdoors for decades. “Why should I be forced to go on an opiate if I can’t afford a dispensary and can’t afford the extra electricity to grow inside?”
Council members reminded Burke that growing medical marijuana outdoors has technically already been illegal.
Councilwoman Shawna McLaughlin also noted that although many users are growing behind fences in backyards, that wasn’t enough security to keep kids and other users out.
Green emphasized that the ordinance bans only outdoors grows that are in the open. If a grower chooses to cultivate outside in a locked, completely enclosed and secure space, like a greenhouse, they wouldn’t be penalized under the ordinance.
The fine for violating the ordinance is $499.