Town of Eagle Marijuana Regulations

1. Medical Marijuana Businesses
The Town of Eagle has adopted local regulations for Medical Marijuana Businesses through both a Medical Marijuana Business License required through Title 5 of the Municipal Code and a Special Use Permit required through the Title 4 (PDF) of the Municipal Code (aka Land Use and Development Code). The Town limits the number of Medical Marijuana Businesses Licenses to a maximum of two for each of the three types of Medical Marijuana Businesses: Medical Marijuana Center, Medical Marijuana Infused Product Manufacturer and Medical Marijuana Optional Premises Cultivation Operation until the Town’s population exceeds 10,000 people. When the Town’s population is greater than 10,000 people, a maximum of three licenses for each type of Medical Marijuana Business may be issued. 

The Land Use and Development Code limits the location for all Medical Marijuana Businesses to the Commercial General (CG) and Industrial (I) zoned properties east of Nogal Gulch located between I-70 and the Union Pacific Railroad.  A Special Use Permit requires a public hearing before the Planning and Zoning Commission, as well as a public hearing before the Board of Trustees to determine conformance with the Town's Regulations, conformance with the Town’s goals, policies and plans, compatibility with the neighborhood, as well as conformance with the Supplementary Regulations (Section 4.04.100(P) (PDF)) in the Land Use and Development Code.

2. Personal Cultivation of Medical Marijuana
The Town allows the cultivation of medical marijuana by patients and caregivers in residential and non-residential zone districts.  Town zoning regulations limit the amount of marijuana allowed to be grown in all residential dwelling units within the Town of Eagle to a maximum of 6 plants per dwelling unit.  In the Industrial (I) Zone District there is an opportunity “as of right” for a caregiver to cultivate medical marijuana plants for a maximum of five (5) patients  in any industrial unit with no more than 6 plants per qualified adult.  Any cultivation of medical marijuana in either a residential or non-residential unit requires a safety inspection by the Town Building Official and shall comply with the Supplementary Regulations (Section 4.04.100(Q) or (R) (PDF)) in the Land Use and Development Code.

3.
Retail Marijuana Businesses
On October 22, 2013, the Board of Trustees adopted regulations for Retail Marijuana Business conditioned upon the results of the November 5th Ballot Question.  The voters approved Retail Marijuana in the election on November 5, 2013.  Any Retail Marijuana Business (Store, Cultivation Facility and/or Infused Products Manufacturing Facility) requires a Special Use Permit, as defined in the Land Use and Development Code, and can only be  located in the same area referenced above for Medical Marijuana Businesses (i.e., east of Nogal Gulch).  Similar to Medical Marijuana Businesses, the Special Use Permit Regulations restrict the number of Retail Marijuana Business to a maximum of one of each type of business per 5,000 people in the Town or fraction there-of.   The Town does not issue a separate License for Retail Marijuana Businesses.  The State of Colorado has a rigorous licensing program for Retail Marijuana Businesses, which the Town defers to and places as a condition of approval for any Special Use Permit issued for a Retail Marijuana Business.

4. Personal Cultivation of Marijuana
On October 22, 2013, the Board of Trustees adopted regulations for the cultivation of marijuana for personal use.  These regulations limit the amount of marijuana allowed to be grown in all residential dwelling units within the Town of Eagle to a maximum of 6 plants per dwelling unit.  In the Industrial (I) Zone District there is an opportunity “as of right” to grow a maximum of 36 plants in any industrial unit with no more than 6 plants per qualified adult.  Any cultivation of marijuana for personal use in either a residential or non-residential unit requires a safety inspection by the Town Building Official and shall comply with the Supplementary Regulations (Chapter 4.04.100 (S) and (T) (PDF)) of the Land use and Development Code.

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