by Eric Mullens
WALSENBURG- Huerfano County Sheriff Bruce Newman said most of the marijuana growing sites found during eradication flyovers in early September were legal under the state’s medicinal marijuana laws, but not every single one.
Newman said five or six sites were discovered this year and were checked and the growers were found to have the appropriate licenses. “All but one were within the limitations (of the law),” Newman said.
The state’s medical marijuana law allows a license holder to have a total of six marijuana plants, three in a mature stage and three in an immature stage. Newman said one location found during the flyover had 93 plants growing and the individual only could produce three licenses.
This case is still being investigated and the information will be forwarded to the district attorney’s office for possible prosecution for cultivation. The sheriff did not name the individual or location of the growing operation.
Newman said deputies flew with Colorado Air National Guard personnel for the one-day operation in September and then when sites were located, follow-up investigations were conducted.
In Huerfano County, medical marijuana growers are only allowed to cultivate the plant for personal use. A resolution passed by the Huerfano County Commissioners forbids marijuana growing operations for any commercial medical marijuana dispensary. Anyone violating that local resolution could be prosecuted for marijuana cultivation.
State law allows for additional restrictions regarding growing operations or establishment of dispensaries
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