SAGUACHE— Saguache County Sheriff Dan Warwick confirmed Monday that a warrant has been issued for John Castleberry, owner of a marijuana cultivation property located at Highways 17 and 112, for an extended plant count violation.
Castleberry had obtained a conditional use permit from the county and during his grow times had incurred a series of minor violations. Eventually Saguache County Commissioners pulled the variance issued to allow extended plant counts on the property.
The Saguache County Sheriff’s Office executed a search warrant to confirm the plant numbers at the grow and collected plant clippings. The court will decide which penalties apply.
The violations now will go before District Attorney Crista Newmyer-Olsen’s office to determine if any criminal charges will be filed.
Warwick says that in his opinion, the county should have had had all its regulations in place before any of the marijuana grows were approved. Unfortunately, he observed, Castleberry’s grow was approved before any growing began, and inspections of all facilities should be done once construction is finished or phases of construction are finished.
“This grow shouldn’t have been legal to begin with,” Warwick said. “Maybe changes should be made on who should go out and inspect before these variances are allowed.  Before they say yes, send the code enforcement officer out to make sure they are in compliance.”
When regulations are not clear, he explained, it makes it difficult for officers to know how or when to enforce the code.

County marijuana
code penalties
According to the marijuana cultivation/retail sales portion of the Saguache County Land Use Code, the following penalties and sanctions will be applied for those violating Saguache County regulations
• Summary suspension, suspension, revocation and/or fines may be imposed by the Local Licensing Authority and in commencing and concluding such actions, the Local Licensing Authority shall comport with the provision of the Colorado Marijuana Code (IV.15.8).
• Permit Infractions of violation may include, but is not limited to, failure to display required badges, unauthorized modifications of the Permitted Premises of a minor nature, or failure to notify the Local Licensing Authority of a minor change in ownership.  The range of penalties for this category of violation may include a verbal or written warning or a fine per individual violation of up to one thousand dollars ($1,000) per day, depending on the mitigating and aggravating circumstances.  Sanctions may also include restrictions on the permit (IV.15.10.2).
• If such inspection reveals non-compliance with these regulations the Land Use inspector, Code Enforcement Officer or Administrative Warrant shall pursue the non-compliance violation through proper authority and action as allowed within the Saguache County Land Development Code (IV.15.10.6.). Any violation to other agencies will be forwarded to the proper agency for their review and comment (IV.15.10.7.)