BOULDER, Colo. (CBS4) – A Boulder man is in trouble after water from his marijuana growing setup overflowed and flooded his condominium as well as his downstairs neighbor’s residence.

The incident happened Friday at Aspen Grove Condos located at 28th and Kalmia. The city has declared at least one unit unlivable.

The police report says an officer found nine marijuana plants and that a registered medical marijuana patient is only allowed up to six in a home for personal use.

The upstairs apartment has a warning on the door now because of flood damage and changes to the electrical system without a permit. Residents below called for help because water was flowing in from upstairs.

Police said there were water and electrical lines running everywhere and water was overflowing from a 55 gallon tank and a rubber mat on the floor couldn’t contain the water.

Three of the nine marijuana plants were over six feet tall. The man was cited for having more than six marijuana plants.

“For municipal law and state law you can grow up to six plants per residence,” Sgt. Jeff Kessler with the Boulder Police Department said. “A lot of times people get confused and think if there are two residents who live in the residence that you can combine and grow 12.”

An attorney representing the resident, Michael Leago, 28, says he and his roommate are both registered to use medical marijuana and says the constitution allows each of them to have six plants. The attorney said Boulder police are going against the state constitution by citing Leago.

The summons says Leago is due in court Thursday morning.


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