Marijuana and Hemp

Marijuana and Hemp are the same plant.  Whether the plant has a THC concentration above or below .3 percent defines if it is marijuana or hemp.  Below .3 percent THC and the plant is hemp.   Above .3 percent THC and the plant is marijuana.  (THC is Tetrahydrocannabinol, the psychoactive chemical)

Hemp is an agricultural crop. As such, there are no regulations on growing hemp.  A permit from the Planning Department for ‘commercial activity in conjunction with farm use’ may be needed for handling and processing of hemp. 

Marijuana is divided into two categories: recreational and medical.  The citizens of Jefferson County voted in 2016 to not allow recreational marijuana.  Recreational marijuana uses are not legal in Jefferson County.  Medical marijuana uses are allowed as identified in each zone and in Section 432 – Marijuana Production, Processing, Wholesale, Retail, Research, and Lab Testing (link below) of the Jefferson County Zoning Ordinance.  Examples of regulations on medical marijuana include setbacks and odor.  

There are three exemptions to the county regulations on marijuana:

1. Homegrown and homemade marijuana, as allowed by state law.

2. Designated primary caregiver at their primary residence providing services to a single registry identification cardholder.

3. An individual registry identification cardholder at their primary residence.