Marijuana business ban in Lafayette includes cannabis-friendly coffee shop

lo hi cannabis club marijuana photo.jpg
Lafayette City Council unanimously voted last night to pass an eight-month moratorium on all marijuana-related businesses, including the city's lone cannabis-friendly coffee shop. Veronica Carpio, owner of the Front Tea and Arts Shop -- which allows adults 21 and over to use vaporizers during certain hours of the week -- says the ban was specifically aimed at her business.

Carpio believes her shop is protected under Amendment 64.

The ban would end on July 1, when state legislators are expected to have finalized rules governing the recreational marijuana industry.

Carpio's attorney, Jeff Gard, points to language in Amendment 64 that allows municipalities to ban and regulate marijuana establishments, defined specifically as places that cultivate, test, manufacture or sells marijuana. Carpio's business doesn't fit into any of those categories because she is merely providing a private place for consenting adults to vaporize cannabis, Gard says. And Carpio says the community is behind her, citing the overwhelming majority of Lafayette voters who voted for Amendment 64 in the November election.

Gard also points to language in 64 that allows for landlords and property owners to ban or regulate marijuana consumption on their property. In his opinion, this section gives Carpio the right to regulate its use in her private business -- one reason they plan to appeal the ban.

attorney jeff gard.jpg
www.gardlawfirm.com
Attorney Jeff Gard.
But Lafayette officials say A64 language that prohibits public consumption of cannabis undermines Gard's theory. Despite Carpio's claims that all vaporizing is being done in a private business out of view of the public, they charge that she is still inviting people into her establishment for public consumption.

Mayor pro-tem Steve Kracha denies that the ban was aimed at Carpio. Instead, he says it was passed because Lafayette needs time while the state irons out the new laws. "We're not saying no marijuana," he said at the meeting at which the ban passed. "We're saying there's something going on. It's a big change and we're going to plan for it."

"They believe that open and public display includes businesses like Veronica's," Gard notes. "That is what is going to be debated. Is open-and-public display meant to restrict people to their own homes, or can it also mean that adults can get together and patronize somewhere specific to their interests? Since when can like-minded people not gather together? As long as you're letting the public know they are entering a private establishment that allows cannabis, what is the problem? If you don't want to be around alcohol, nobody is forcing you to get your burger from the local bar."

Lafayette isn't the only community broadly interpreting the new law. City officials in Greenwood Village have passed measures banning use, transportation or possession of marijuana on city property -- which they define as including all public streets and sidewalks. That essentially means that in Greenwood Village, you can't have marijuana anywhere but inside your own house, and the Greenwood Village City Council is working to chip away at that as well with talk of home-cultivation limits and regulations. At a recent meeting, Greenwood Village mayor pro-tem Gary Kramer said he would "vote to ban any possession, use or transportation of marijuana within the city of Greenwood Village at all, by anyone for any amount."

Gard, who isn't involved in the Greenwood Village situation, says that town is making a big mistake in proposing such regulations. "They are going to have a lot of trouble with that," he says. "It's very clear that the primary right [of Amendment 64] was to possess and transport marijuana. That is the very heart of it. The city maintains the streets and they clean them sometimes, but to prohibit people from carrying their marijuana around because they think they own the streets is another thing entirely."

More from our Marijuana archive: "Marijuana: At Legal Chronic Delivery, the weed is free, but the bumper sticker costs $50" and "Ending Federal Marijuana Prohibition Act of 2013: Read Jared Polis-sponsored bill."


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87 comments
jerrycook
jerrycook

The growing pains for freedom will be outgrown.

lostcause
lostcause

why are you so obsessed about Veronica's probation? This is not about her. FOCUS on the real issues here.

DonkeyHotay
DonkeyHotay topcommenter

Dear Not-so-Bright Profiteering Pot Pimp Jeff Gard,

Please point to the terms and conditions of your client's -- Veronica Carpio -- state Felony Probation that allows her to willfully and continuously violate Federal Drug Law -- 21 USC Sec. 856  Maintaining drug-involved premises -- while she is still serving the criminal sentence for her previous felony drug conviction.

Did you really counsel and advise her that was a wise course of action?

Is your E&O policy up to date?

Feel free to call the CBA's Ethics Hotline with any questions -- 303.860.1115 ask for Daniel Taubman

Yours Truly,

Donkey


cc. CBA ethics committee

twestlaw
twestlaw

" In this case, the City of Lafayette was only permitted by Constitution or State statute to ban marijuana establishments as explicitly defined in Amendment 64, but instead chose to ban marijuana establishments AND “business[es] that . . . otherwise provides for or allows for the use of marijuana or marijuana products.” Unfortunately, this ordinance will inevitably affect the individual rights of the People of Colorado.

For example, if a residential leasing business permitted it’s tenants to smoke marijuana in the privacy of their own home, such actions by the leasing company would unequivocally constitute a “business that . . . otherwise provides for or allows for the use of marijuana or marijuana products.” Also, if a a retail shop permitted it’s employees to smoke marijuana while not working, such retail business would also fall into the category of a “business that . . . otherwise provides for or allows for the use of marijuana or marijuana products.” The Lafayette ordinance has effectually terminated the right of such businesses to operate and has ancillary affects of restricting the personal non-public use of marijuana."

DonkeyHotay
DonkeyHotay topcommenter

 *** More Puerile Pot Punkery ***

Golden Police Blotter: Bartender eats marijuana cookie

Golden Police went to the Ace Hi Tavern, 1216 Washington Ave., where the owner said his bartender may have eaten a cookie that was infused with marijuana. An unknown male came into the bar earlier in the evening and left a cookie at the bar. The bartender ate the cookie assuming it was from a customer because many customers leave treats for the bartenders.

DonkeyHotay
DonkeyHotay topcommenter

*** REGULATION WORKS! ***

Steamboat Passes Emergency Ordinance Banning Marijuana Clubs

STEAMBOAT SPRINGS —Steamboat Springs has joined a growing list of municipalities in Colorado that have adopted emergency ordinances banning the establishment of private marijuana clubs.

Tuesday night's Steamboat Springs City Council passage of an emergency moratorium will prevent the formation of any marijuana clubs within city limits.


Bend Over and Feel that FIST of REGULATION you clueless stoners begged to have rammed up your ass !!

Get REGULATED, suckers! --  REGULATION WORKS!

DonkeyisHATEFUL
DonkeyisHATEFUL

Aaron, I must know... what happened to you after 2006 that caused you to be so hateful?  Did you come in contact with an IED?  Did your dog die?  What is it that causes you to be such a jackass now where you seemed reasonable before?  Did IBM fire you?  Is that it?

CoreyDonahue
CoreyDonahue

Shit yeah! Legalization!!!!

Lafayette isn't the only community broadly interpreting the new law.

How is it broadly?  It clearly says:  

(f) A LOCALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER OF MARIJUANA ESTABLISHMENT OPERATIONS;

Time, place and manner is the code governments use when they want to ban something.  Your 1st amendment rights are subjuect to time, place and manner restrictions which has been upheld by the supreme court many times.  So please enjoy you constitutional right after we put a few time, place and manner restrictions on them in every county and municiplaity.  

instntkrma
instntkrma

Lafayette should should outlaw Veronica. That's what they really want to do. 

DonkeyHotay
DonkeyHotay topcommenter

@jerrycook ... only a delusional stoner would call an ever growing list of  Cities and Counties that are BANNING marijuana to be "freedom"... unless you're one of the prohibitionist politicians or law enforcement bureaucrats who is exercising the Freedom to BAN all commercial marijuana use, production and sales that was granted to them by the fools and tools who wrote, supported and passed A64.

Feel that FIST of Regulation all up in your colon? ... feel like "Freedom" ?

DonkeyHotay
DonkeyHotay topcommenter

@lostcause ... her morally irresponsible and ethically challenged lawyer(s) have made Veronica Carpio the focus of the unforgiving light of public and law enforcement scrutiny by yapping to the press about her personal case ... in a venal attempt to obtain free publicity and potential pecuniary gain for their avaricious Marijuana McLawyer businesses.



Case
Case

@DonkeyHotay SSAASSD!

Case
Case

@DonkeyHotay

Dear Marijuana McLawyer Jeff Gard: How much do you charge poor pot pawns like Veronica for your guaranteed one-way ticket to probation violation? Will guaranteeing her federal criminal charges cost extra?

Monkey
Monkey

@DonkeyisHATEFUL Good idea, charging more for regulated weed would surely put an end to the un-regulated market. Genius!

DonkeyHotay
DonkeyHotay topcommenter

@twestlaw

21 USC Sec. 856. Maintaining drug-involved premises

(a) Unlawful acts

Except as authorized by this subchapter, it shall be unlawful to--

 (1) knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance;


(2) manage or control any place, whether permanently or temporarily, either as an owner, lessee, agent, employee, occupant, or mortgagee, and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.


(b) Criminal penalties


Any person who violates subsection (a) of this section shall be sentenced to a term of imprisonment of not more than 20 years or a fine of not more than $500,000, or both, or a fine of $2,000,000 for a person other than an individual.


Case
Case

@DonkeyHotayIf you want a picture of the future under the rule of the pot clowns that wrote A64, imagine a boot stamping on a stoner's face — forever.

DonkeyHotay
DonkeyHotay topcommenter

@DonkeyisHATEFUL ... the George Washington that Owned and Abused Negro Slaves?

As President he authorized emergency financial and military relief to French slave owners in Haiti in 1791 to suppress a slave rebellion.

Washington signed the 1793 Fugitive Slave Law, the first to provide for the right of slaveholders to recapture slaves even in free states that had abolished slavery.

DonkeyisHATEFUL
DonkeyisHATEFUL

@CoreyDonahue How can you not see that A64 is INFINITELY better than the prior rule outright prohibition where they put ten thousand dark skinned people each year into jail or prison?

A64 is INFINITELY better.


skico69
skico69

@instntkrma Why out law her. What did she do to deserve that? Really the hate against this girl is crazy!

jerrycook
jerrycook

@DonkeyHotay @jerrycook We are only seeing the very start of big change.  The bans will go away and A64 will be greatly improved on, outgrown.  

It took a long time for change to begin, and it is moving much faster now.  The bans will be made illegal, and regulation for sales will be fair & not overly intrusive, as with any biz.  Home growing for personal use will be allowed, same as any other herb or veggie for those who wish to or can, without commercial interest. 

 People are nervous with such a big change started, but it will settle down. There is still a lot of ignorance to be ended, and the Fed will also end its absurd prohibition...that will relax things a lot too.

 Relax and enjoy a better future.  You can help freedom yourself, by presenting your ideas for it too.  A big thanks to Jeff Gard for working towards freedom, as you should. 

 Prohibition & ignorance are done...that is a huge failure at high cost for nothing, and more folks are learning this, as you should. 

 Patience for better planning & future.  Contribute to freedom, rather than complain.   Help, don't hinder.  Speak for freedom & how, without hate. Be calm, like Jeff Gard.

 Help him, others, & freedom, don't hate.   At least he is trying, with many others, while you are not...so far.  Even you can change.  Yes you can.

DonkeyHotay
DonkeyHotay topcommenter

@Monkey @DonkeyisHATEFUL

The Press Democrat said marijuana has been at the center of 22 killings in the North Coast area of California in the past decade, with seven of those taking place in Sonoma County.

"Most of our violent crime is related to marijuana, the theft of marijuana, the growing of marijuana," O'Leary told the Press Democrat.

Boulder County Chief Trial Deputy District Attorney Ken Kupfner said he could not say whether Klarkowski was the subject of an active investigation here.

However, he has seen a number of cases in which defendants were bringing large quantities of marijuana from California to Colorado, despite the widespread availability of the drug here.

"In a number of large-scale investigations we've conducted, there is a surprising amount of marijuana being brought in from California, and that is because there is a significant price difference," Kupfner said, speaking generally and not about the possible motives of Klarkowski and Lewin.

 "It is much cheaper in California, so for people looking to make a profit, they are buying it in California and bringing it to Colorado."


Case
Case

@DonkeyHotay Do you think Jeff Gard has ever seen this federal statute?

CoreyDonahue
CoreyDonahue

@DonkeyisHATEFUL @CoreyDonahue They still put the poor in prision at the same rate, this got a few places to drop the cases on the books, for now.  What happend when the people of Denver said cannabis possession will be the lowest law enforcement priority?  Nothing the arrest actuall increased.  So not it is not it is a ruse and you are a rube for beliving it.

Case
Case

@CoreyDonahue A64 is just the 21st century version of the Marihuana Tax Act of 1937. Can't ban it outright, so tax it out of existence!

instntkrma
instntkrma

@skico69 @instntkrma Veronica just rubs Lafayette the wrong way. Lafayette's leaders are MUCH more conservative than the average citizen, but most don't speak up or push boundaries. It takes a Veronica to push the boundaries and let them know what they need to outlaw. She's just rubbed them wrong so many times, if she's doing it, they are gonna stop it if they can. 

skico69
skico69

@DonkeyHotay @instntkrma her own worst enemy?!!! what do you know that we dont? Or maybe your are just a hateful, woman who wished her youth away and now is jealous of others. You hate Jeff Gard, Rob Corey, everyone who worked on 64 and 64 itself? What is your freaking problem? Really?

jerrycook
jerrycook

@DonkeyHotay @jerrycook You both forget what happened when the booze prohibition was ended..the Fed Constitution amendment (18) was written off. Laws change.  Get over it.

DonkeyHotay
DonkeyHotay topcommenter

@jerrycook ... you really are dumber than a box of rocks, aren't you?

In your bong-soaked brain, by what process does someone "rewrite" a Constitutional Amendment.


jerrycook
jerrycook

@bongsucker @DonkeyHotay        We shall see if Jeff helps bring freedom to gather and enjoy each others company while toking the herb or not.  He could work for free, as if anyone does & survives, but the price of prohibition is a lot higher in any case. Perhaps Jeff could offer reduced rates for this subject..ask him.  Barter?

DonkeyHotay
DonkeyHotay topcommenter

@Case

Do you think Jeff Gard -- or any of the other Marijuana McLawyers -- has ever read the Colorado Rules of Professional Conduct ?

CoreyDonahue
CoreyDonahue

@DonkeyisHATEFUL @CoreyDonahue Show me the artical that said thousands of cases were droped.  At most 150 cases were droped and arrests have and will continue. Oh, and now they can arrest you for a cannabis DUI so yeah a few shitty possesssion tickets were droped, but there is no money in that, the real money is in the DUI.  But sure the constitutional amendment you did not read is the greatest thinsg since sliced bread.


DonkeyisHATEFUL
DonkeyisHATEFUL

@CoreyDonahue @DonkeyisHATEFUL 

What are you talking about?  Did you not see that the prosecutors dropped thousands of simple possession cases both in Washington and Colorado after the votes?  Do you have some actual cases to support your position that 'arrests increased' after 64 passed???  

Hell the prosecutors can't even figure out what to do about worm farm donation marijuana... is it legal, dunno but it hasn't been shut down......

DonkeyHotay
DonkeyHotay topcommenter

@DonkeyisHATEFUL ... so you fools exchanged the Jackboot of Law enforcement for the Government Fist of Regulation ?

Who's "Aaron" ?

DonkeyisHATEFUL
DonkeyisHATEFUL

@DonkeyHotay @Case @CoreyDonahue

"Who needs the Jackboot of LawEnforcement?"


Nobody, which is why we voted to begin to end prohibition with the passage of a64.  Still mad about it after all these months Aaron?

DonkeyHotay
DonkeyHotay topcommenter

@Case @CoreyDonahue 

And the Stupid Stoners, led by Lyin' Brian Vicente, Mendacious Mason Tvert and the unquestioning propaganda pipe that is Westweed were pig-ignorant enough to Write, Promote, and Vote this Self-Destructive Idiocy into the Constitution!

Who needs the Jackboot of LawEnforcement when the puerile pot punks willingly fuck themselves in the ass with the unlubricated Fist of Regulation?

DonkeyHotay
DonkeyHotay topcommenter

@twestlaw "She was always single owner with no partners or investors"

You still haven't read the Colorado Rules of Professional Conduct, have you numbnuts?



twestlaw
twestlaw

@DonkeyHotay biz partners? who is that? She was always single owner with no partners or investors...where do you get your info?

DonkeyHotay
DonkeyHotay topcommenter

@instntkrma " Veronica just rubs Lafayette the wrong way"

As she's apparently rubbed all her former business partners.

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