Skip to main content
CityRuleLookup

Fountain, CO Cannabis Regulations: Dispensary Zoning (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
No. Chapter 9.40 of the Fountain Municipal Code prohibits retail marijuana stores, along with cultivation, manufacturing, and testing facilities, in every part of the city. There is no zoning district or overlay where a licensed dispensary is permitted to operate.
Is Fountain's marijuana ban the same as El Paso County's or Colorado Springs' rules?
No. Fountain's Chapter 9.40 applies only within Fountain's own city limits under its home rule charter and municipal zoning authority. El Paso County and Colorado Springs set their own separate marijuana licensing and land-use rules that do not extend into Fountain.
Can I still grow marijuana for personal use at home in Fountain?
Yes, within limits. The chapter allows growing up to six plants, with no more than three flowering at once, only in an enclosed, locked space that is not open or public. Selling home-grown marijuana or consuming it openly and publicly remains unlawful.
What happens if someone operates an unlicensed marijuana business in Fountain?
Each day the business operates counts as a separate offense. The city can prosecute under section 1.12.010 and can also pursue an injunction, abatement order, or restitution in addition to any criminal penalty, since remedies under Chapter 9.40 are cumulative.

Sources & Official References

Other rules in Fountain

All Fountain rules

Compare Fountain to another location·View the Colorado cannabis regulations overview

Get notified when Dispensary Zoning in Fountain, CO changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Dispensary Zoning in Nearby Cities

How other cities in El Paso County handle dispensary zoning.

Colorado Springs, CO
Significant Restrictions