WTF Denver — 36 plants per commercially zoned lot

WTF #1 Denver
36 plants per commercially zoned lot

Written by Warren Edson and edited by Lauren Maytin

Denver Municipal Code Section 38-178

In 2015, Denver passed a very odd measure that continues to this day, negatively affecting caregivers and the hemp industry.  Codified as Section 38-178 of the Denver Municipal Code, Denver enacted very restrictive rules regarding growing and possessing marijuana.

Section 38-178 is aimed at non M.E.D. (Marijuana Enforcement Division) licensed marijuana grows as well as hemp businesses.  At the time the measure passed, caregivers shared warehouses and small storage units that contained countless six plant per grow facilities all around the City.  Both the City Government. the M.E.D. and the licensed cannabis industry wanted to shut this down.  Their goal was to limit cannabis grows to commercially licensed facilities and to restrict indoor home grows to 6 plants per residence.

So … What does Section 38-178 do?

Section 38-178 caps the number of marijuana plants that one can possess or grow on a commercially zoned lot.  36 plants per commercially zoned lot – not per person or per building.

And why do we mention hemp?  Because Denver includes hemp in Section 38-178 by defining a “marijuana plant” under subsection F(4) in a unique way.

Denver Muni Code Section 38-178 F(4) defines “Marijuana plant” as “all parts of the plant of the genus cannabis whether growing or not, including, but not limited to, immature and mature plants, and any seeds, leaves, stalks, and flowers, without regard for cannabinoid concentration levels.”

WTF Denver?

For some reason, Denver defines a marijuana plant, for this section only, without regard to its cannabinoid concentration level.  This means Hemp, at .3 % thc, is a “marijuana plant” for the purposes of the municipal ordinance.  So … any hemp business that tries to operate in Denver is limited to 36 plants – growing or dried – per commercially zoned lot.

This definition is unique and was done on purpose –  banning the hemp industry from Denver.

36 plants per commercially zoned lot.  WTF Denver?


Written by Warren Edson and edited by Lauren Maytin