In November 2012, voters approved Amendment 64, legalizing marijuana for adults over age 21. Establishing regulations for marijuana use across Colorado has often been about trial and error, such as the number of plants people can grow on their property.As of Jan. 1, 2018, in a home grow operation, the amount of plants allowed is up to six plants per Colorado resident over 21 years old and a maximum of 12 plants per residence.It is illegal to sell marijuana or marijuana products obtained from those grow operations.While not officially defined by the Colorado Revised Statutes, the black market marijuana industry is described as unlicensed marijuana cultivation or distribution operations conducted in violation of the state law.According to the Marijuana Policy Groupís website, ìThe marijuana industry generates more local output and employment per dollar spent than almost any other Colorado sector.îEvery dollar spent on marijuana retail, marijuana manufacturing and marijuana cultivation equates to $2.40, $2.34 and $2.13, respectively, back into the Colorado economy, the website states. With such a profitable industry, there is the risk of illegal black market operations that seek to infiltrate the industry and make their own profits, without the constraints placed on legal grow operations.Jacqueline Kirby, media relations manager with the El Paso County sheriffís office, said the department has conducted raids on 61 illegal marijuana grow operations in the county, including the city of Colorado Springs, since Jan. 1. She said another 600 illegal operations have yet to be raided.Steve Schleiker, EPC assessor, wrote in an email to ìThe New Falcon Herald:î ìI have seen a range of properties that are located either in rural and/or metro El Paso County used as illegal grows, and many of these properties are rentals.îGiven the possibility that a rental property might eventually be used for an illegal marijuana grow operation, concern turns to the potential responsibility and liability of the propertyís owner and/or the landlord.A homeowner or landlord would not be held criminally liable for any criminal activity conducted on their property, unless it was the landlord or homeowner conducting the criminal activity, Kirby said. That includes illegally growing marijuana, she said.However, a homeowner or a property manager is required by Colorado law to disclose any known adverse material facts about a home, including mold and other problems that can be the result of growing marijuana, Schleiker wrote.Among Schleikerís list of damages incurred on properties used for illegal grow operations: rigged circuit boxes to illegally tap into outside electrical lines to power lights for indoor grows, without alerting the local power company; punched holes in ceiling and roofs to install ventilation; mold under rugs and behind drywall, sometimes running up the drywall from floor to ceiling and mold that has grown into the floor joists. In some cases, major fire hazards exist like electrical cords sitting in standing water; sometimes, the home is beyond repair.In many instances, the ìCost to Cureî ñ- the amount of money necessary to remedy a situation that is depressing the value of real property ñ- adds up to thousands of dollars, Schleiker wrote.While all criminal activity cannot be foreseen and avoided, there are some ways landlords and property owners can attempt to protect themselves from having their home turned into an illegal grow operation. According to the Robinson & Henry, P.C. (attorneys) website, a landlord or homeowner can include crime and drug-free clauses into the lease.The use of hydroponics ñ- a method of growing plants without soil, frequently used for growing marijuana ñ- can result in mold growth and vast consumption of electricity, the website states. ìThe process to kill the toxic mold is expensive and likely a cost that a tenant will attempt to force onto the landlord.îThe Robinson & Henry website states that a written provision can be added to a lease to prohibit criminal activity in or on the rentalís premises. ìAlso, a provision prohibiting hydroponic cultivation or any cultivation of marijuana plants makes growing marijuana plants a lease violation and thus allows a landlord to evict for such a violation.îViolations of a lease should be handled by a private attorney, which could be the only way a landlord or homeowner can recover the costs of any damage done to the property as a result of the illegal grow operations, the website states.ìIt is my opinion that an illegal marijuana grow will definitely affect a buyers pool (potential renters) on that particular property,î Schleiker wrote.
