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Marijuana Information for Business Owners, Residents, and Visitors#

Frequently Asked Questions#

Marijuana Businesses And Marijuana Growing#

Sales Tax Cannabis/Marijuana#

Change in Tax Rate:

Effective January 1, 2024, the City of Fort Collins voters approved a ½-cent sales tax increase, resulting in a new tax rate of 4.35%. The grocery tax rate will remain unchanged at 2.25%. Detailed information about this change can be found on our website.

https://www.fcgov.com/salestax/tax-rates.php

The City of Fort Collins does not have an additional excise tax on marijuana.

The City of Fort Collins requires all persons engaged in business in the City to obtain a business license. The business license is also your sales and use tax license. 

Please also refer to the State of Colorado Department of Revenue for Marijuana Tax FAQ

https://tax.colorado.gov/marijuana-tax-FAQ

Sales Tax: City

Only licensed Fort Collins medical marijuana stores, which are in good standing, are allowed to apply for a retail marijuana store license. Please refer to Sec 15-608 of the Municipal Code.

Municipal Code-Sec 15-608

Only a licensed retail marijuana store or licensed retail marijuana manufacturing facility may be licensed to operate a cultivation facility. Cultivation facilities may only sell or distribute marijuana to the facilities owned and operated by the owner of the cultivation facility. All products must be tested and labeled. Please refer to Sec 15-609 of the Municipal Code.

Municipal Code-Sec 15-609

Any person who meets the owner/application requirements may apply for a retail marijuana product manufacturing license in the City of Fort Collins. All production batches must be tested and labeled prior to sale. Please refer to Sec 15-610 of the Municipal Code.

Municipal Code-Sec 15-610

Adults 21 years of age and older may grow up to 6 marijuana plants per person. No more than 12 total plants are allowed per residence regardless of the number of adults living in the home. All plants and products must be kept in an enclosed, locked space.

No growing is allowed in any multifamily housing including apartments, duplexes, condos, or townhomes. Growing is not allowed in any detached buildings (sheds, barns, etc.)

Municipal Code-Sec 12-142

No. No outdoor cultivation is allowed.

No. Home grown marijuana, no matter the form, may not be sold to others.

Business And Private Property Owners#

Yes. Any property owner may limit marijuana use, consumption, possession, transfer, display, sale, or growth of marijuana on or in his or her property.

Yes. Employers are allowed to regulate or prohibit the use, consumption, possession, transfer, display, or sale of marijuana in the workplace. Employers may also enact policies restricting the use of marijuana by employees.

Yes. The Colorado Clean Indoor Air Act prohibits smoking in restaurants and limits the number of hotel or motel rooms in which smoking is permitted. A hotel or motel wishing to permit marijuana smoke in individual rooms would need to keep 75% of the rooms smoke-free. 

Hotel operators cannot allow smoking inside hotel rooms pursuant to the Colorado Clean Indoor Air Act.

Residents and Visitors#

Adults 21 years of age and older may grow up to 6 marijuana plants per person. No more than 12 total plants are allowed per residence regardless of the number of adults living in the home. All plants and products must be kept in an enclosed, locked space and growers should take extra precautions to prevent children and pets from gaining access to any marijuana or marijuana products.

No growing is allowed in any multifamily housing including apartments, duplexes, condos, or townhomes. Growing is not allowed in any detached buildings (sheds, barns, etc.)

Both marijuana and tobacco smoke are subject to the Colorado Clean Indoor Air Act, which prohibits smoking in most indoor places accessible to the public.

It is illegal to consume marijuana in public, including marijuana edibles.

Call the Police Services non-emergency line at 970-221-6540.

Penalties range from a fine to a possible jail or prison sentence depending on the type of offense. The city Municipal Code spells out the specific penalties for various violations. Schools, universities, and employers are allowed to put in place their own disciplinary actions for marijuana-related infractions.

Retail: Retail marijuana is sold by licensed stores to persons 21 and older for recreational use.

Medical: Medical marijuana requires a state red card (patient card), which can only be obtained by Colorado residents from the CO Department of Health and Environment, with a recommendation from a doctor that a patient suffers from a debilitating medical condition that may benefit from medical marijuana. Medical marijuana patients can obtain marijuana from a licensed store, a primary caregiver, or a private home grower. 

Medical Marijuana Patient Card Info

You must be 21 and older to buy, possess or use retail marijuana. It is illegal to give or sell retail marijuana to minors. Adults 21 and older may possess up to two ounces of retail marijuana. Medical marijuana patients may possess up to two ounces of medical marijuana.

Those 21 and older can purchase medical and retail marijuana at licensed stores. 

Medical marijuana patients can purchase up to two ounces of medical marijuana. To purchase medical marijuana, a person must obtain a medical marijuana registry identification card from the Colorado Department of Public Health and Environment. Adults 21 and older can purchase up to one ounce of retail marijuana.

Medical Marijuana Patient Card Info

Retail marijuana is intended for private, personal use. Such use is only legal in certain locations not open or accessible to the public. Marijuana may not be consumed openly or publicly. This includes, but is not limited to, indoor spaces such as the common areas of buildings and facilities, hotel rooms, businesses that are not licensed for marijuana consumption, streets and highways, transportation facilities, places of amusement, parks, and playgrounds.

You may consume marijuana in a private residence (only if allowed by the property owners). 

No, it is illegal to consume marijuana in public.

This includes but is not limited to areas accessible to the public such as transportation facilities, schools, amusement/sporting/music venues, parks, playgrounds, sidewalks and roads, and outdoor and rooftop cafes. It is also illegal to smoke at indoor-but-public locations like bars, restaurants, and common areas in buildings.

Adults 21 and older may possess up to two ounces of retail marijuana. Medical marijuana patients may possess up to two ounces of medical marijuana.

Adults 21 and older can purchase up to one ounce of retail marijuana. A single transaction includes multiple sales to the same customer during a single business day.

Medical marijuana patients can purchase up to two ounces of medical marijuana. Refer to Sec 15-482 (2) Prohibited Acts of the Medical Marijuana Code

No, it is illegal to consume marijuana in or around a licensed store. It is also illegal to smoke at indoor-but-public locations such as bars, restaurants and common areas in buildings.

No. These businesses are not permitted.

No. Possession laws are the same for all retail marijuana types, and public consumption is always illegal, regardless of form. 

Yes. Marijuana may be carried in cars but it may not be in an open container and cannot cross state boundaries. It is illegal to use or consume marijuana in a motor vehicle and it is illegal to drive under the influence of marijuana. 

  • Yes. Driving under the influence of marijuana can result in a DUI, just like alcohol. Anyone with 5 nanograms or more of delta 9 THC per milliliter in whole blood while driving can be arrested for DUI. Consequences for a DUI can include fines, jail time, and a revoked license.

If this is a neighborhood complaint, please use Access Fort Collins and fill in under the Neighborhood tab. 

Access Fort Collins