Amendment 64 Implementation Task Force ‘Working Group Recommendation Template 1. Working Group Name: Crinbio! Law Terminlogy & Definitions 2 Individual Sponsor(s: Gnifor Murray & Dorrell. Lng 3. Describe me Recommendation; Clarjcaion of defntions. “ENCLOSED, LOCKED SPACE": ENCLOSED means: 4 permanci o semi-permanent aa covered and surrounded on all sides, See CS. 42-4201. The temporary opening of windows ar doors or he temporary removal of wall eling panels, does not comert are inte an wnoclosed space. Some examples include, but are not ited tothe following: ashe, a greenhouse, a treiler a ‘rasidence. a building, room inside a bldg, A indoor area can clude any enclosed area orporton there of LOCKED SPACE means: Tho the aren where cultivation occurs must be secured at the point @f public enry bya device designed to init access. If cultivation ie beng done inside a residence fanyone under 21 Ives atthe reidene, the room ar pace where cultivation bs ‘curring must be locked when nt oceypied by an adult over the age of 21, Reasonable time shal be allowed for ingress and epress from the ENCLOSED. LOCKED SPACE “GROWING IS NOT CONDUCTED OPENLY OR PUBLICLY”: OPENLY means: norprovected from nal observetions lowly made from outside ts perimeter not involving plosiealinason PUBLICLY means: areais open to general access without restriction 4. To which provision of Amendment 64 does the recommendation apply? If here applicable provision within Amendment 64, please justify why this recommendation is necessary. tele 18, Section 16 30) 5. Which guiaing prineipte does this recommendation support (underline ll hose that apply)? . Pestate dhe health safety, an well-being of Colorado's youth, i, Beresponsive fo consune i Propose efficient and effective regulation cat i clear and reasonable, nd not unduly bordensome 4. Crate sufficient and preiciabe funding mochsnisns o suppor the regultory and enforcement sceneCreate balanced regulatory scheme tat is complimentary, not duplicative, and eleariy defied between ste and lal licensing authorities. ‘. Eablish tools that are clear and praca, so thatthe fnteractions between law ‘snforsement, consumers, and kensees are predictable aad understandable, ‘usure that ou streets, schools and communities remain safe. Develo rules and guidance for erin relationships, such as employers and employes, landlords and evans, students and pofesors that ae clear and transparent Fe {6 Please summarize the rationale forthe recommendation - why iit important? Iisimportat to havea clear definition i order to prevent confarion for law enforemen. tis fale important taeda citizens whe chooser eulivate know where and have clear fuldance where the legal boundaries are 0 they cam comply and avoid praseeutlo. 7. What issue or lsues does your secomme! onions, and eens latlon resolve? Confeson for law enforcement, senting vole In your working group about chs recommendation? IF yes ‘a summary of the minority opinion bout this recommendation. (rom Brion Connors and Leuren Davis) Specifically, we donot support the proposed dfiation of “enclased.” The approved recommendation dees “enclosed as" permanent or semi-permanent area covered and surrounded onal sides,” Dhis recommendation defines terms affecting the location and eircumetancer of elivation of marijuana under “tile 18, Section 16 ofthe Colorado Constitution “The marty vew nthe Working Group tht “enclosed” means an ara or srcture wih roof or op covering of some Kv. nthe conte of cltiveton, we would favor a defition which doesnot impose the requirement ofa roof or tp covering. This dfintion would low elation inside a home with a Jacking dor. However this definition would prectade cultivation in locations suchas a locked, fenced backyard or peti oranapartment balcony or window bos. single plant arava enced backyard would rum afoul (Of ihis defniton, Requiring eltivation in am enclosed area tha roof san unreasonable burden on a Citizen wha wishes to cultvte upto ix plant Given the light required to grow marfuanaorany ther plant. citizen would be forced to build or buy a shed or other souctue and then would have o rar leciriety 0the structure fe folate eultvation There comes a point where wreasonable restrictions on the exercise of constitutional ight Iinpermisibly burden the reasonable exercise ofthat right. This is such an instance. Many Coforadans hve a fenced bacyard or pati. Ths propored defnition would mean tha any citizen who wishes ro cultivate a single planta locked, fenced backyard woud have to incur substantal expense devise an locirifedsracture wi a roofA more reasonable definition of “enclosed would be one which alos for enliven of p to sx plas tung naturel light na looked fenced backyard. The ac of fencing and locking the backyard is sfcent ‘ro adaress he lated and reasonable restfetion on cuitvation mandated in Article 18, Section 16 (3)0). (From Lorry Abrehamson) “Beloved” shal be defined as: A structure with al sides and top subject to «secure lack designed to ‘prec the contents from vlew by unalded observation aed from unapproved entry by thers. My thought is that we ae tasked with allowing for reasonable recreational ure not providing 9 structure ‘ha goes beyond what i necezzary for a person 0 ens afew joints of marina, There are many tavennes available fora person to obtain maruana, We don't ave fo provide the means or astrucare ‘thar must facta a growth chat wil provide well Beyond the ned fr recreational we ‘Aso do not believe on enctoed structure made of glass is appropriate. Thove are many anslucent {green houses that serve the purpose of eal row and do nt subject the neighborhood oa sie ‘marijuana project. ‘Tam concerned that we are trying to provide a way to extalich a greenhouse structure or shed that can ‘produce the equivalent of thousands of mariana cigarette, 1s that our atsigned gal under the (Governor's dveetve and Amended 54? 9. Whieh ofthe following des the recommendation impact (anderlne these that apply); ALL. ‘Statute (legisla Rules and Regulations Omer: Law 10, Who ovens implementation of the recommendation (underline those that apply): 8. Govemor State Legsat ‘tiomey General Department of Revense Department of Public Sarey Department of Public Health and Environment Local Goverament 1. Other: (pleae describe) 1 recommendation dependent on anather decision or action: If yes - speifically what ions or decisions are required before this recommendation can be implemented? No 12, Will he recommendation haven costo mplement? IE yes, what I the reason forthe cost? yes, give am estimate of the cost. No 13, Give an estimate of how long it would take a mplement the recommendation, 4 lng ast takes to write 4p,