Fountain, CO Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Rule
- All marijuana establishments prohibited citywide
- Chapter
- Fountain Municipal Code Ch. 9.40
- Adopted
- Ord. No. 1592, March 12, 2013
- Penalty amended
- Ord. No. 1740, § 5, Dec. 17, 2019
- Personal grow limit
- 6 plants, max 3 flowering, enclosed/locked
- Enforcement
- Daily separate offense plus injunction/abatement
Summary
Fountain Municipal Code Chapter 9.40 prohibits marijuana cultivation facilities, product manufacturing facilities, testing facilities, and retail marijuana stores everywhere in the city. There is no zoning district where a licensed marijuana business may locate; the city opted out entirely rather than zoning dispensaries to specific areas.
As a matter of the city's local land use and zoning authority, and consistent with the authorization provided by article XVIII, section 16 of the state constitution, no appropriate location exists within the city for the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores. ... It is unlawful for any person to operate marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores in the city.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).
Full Breakdown
40 states the city's finding that "no appropriate location exists within the city" for marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores, and it bars operating any of them anywhere in Fountain. title 29, art. title 31, art. 23, pt. § 31-15-501), and the City of Fountain Home Rule Charter. The ordinance was originally adopted as Ord. No. 1592, § 2, on March 12, 2013, and its penalty provision was amended by Ord. No. 1740, § 5, on December 17, 2019.
Personal marijuana use remains distinct from the commercial ban: the chapter separately makes it unlawful to grow marijuana for personal use anywhere in the city except in an enclosed, locked space not open or public, to grow, process, or transport more than six plants with more than three flowering, to sell home-grown marijuana in any manner, or to consume marijuana openly and publicly. Because Fountain has never licensed a marijuana establishment under this chapter, there is no zoning map, buffer distance, or hours-of-operation standard for a dispensary in the local code, unlike cities that license and zone retail stores. Anyone asking where a dispensary can operate in Fountain gets a single answer: nowhere, by ordinance.
Violations & Fines
Operating a marijuana cultivation facility, manufacturing facility, testing facility, or retail store in Fountain is a separate offense for each day it continues. The city may seek an injunction, abatement, restitution, or any other remedy to stop the violation, in addition to prosecution under section 1.12.010 (section 1.12.020 governs minor offenders). Remedies are cumulative, not exclusive, and stack with any other state or federal penalty.
Frequently Asked Questions
Can a licensed marijuana dispensary open anywhere in Fountain, Colorado?
Is Fountain's marijuana ban the same as El Paso County's or Colorado Springs' rules?
Can I still grow marijuana for personal use at home in Fountain?
What happens if someone operates an unlicensed marijuana business in Fountain?
Sources & Official References
Other rules in Fountain
Compare Fountain to another location·View the Colorado cannabis regulations overview
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Dispensary Zoning in Nearby Cities
How other cities in El Paso County handle dispensary zoning.