Marijuana sniff-test ordinance nullifies much of Amendment 64, councilwoman says

marijuana.smoke.thinkstock.205x205.jpg
Big photos and more below.
Amendments to Denver's marijuana ordinance have been decried by critics, including the ACLU, as a "sniff test" that would recriminalize behavior made legal by Amendment 64, which lets adults 21 and over use and possess small amounts of cannabis.

Denver City Councilwoman Susan Shepherd also has grave doubts about the proposal -- and she's hopeful that enough of her colleagues feel the same that the controversial elements in the current draft can be removed or repaired before it takes effect.

The amendments represent a collaboration between Denver mayor Michael Hancock and councilman Chris Nevitt. We've included the current draft below, along with a PowerPoint presentation and a fact sheet touting it. The following excerpt from the latter outlines its main provisions:

michael.hancock.election.night.kate.levy.jpg
Photo by Kate Levy
Denver mayor Michael Hancock in a photo from his election-night victory party.
• Similar to existing city laws that already limit alcohol possession in city parks, this ordinance will explicitly make it unlawful to possess, consume, use, display, transfer, distribute, sell, transport, or grow marijuana within any park, mountain park, parkway or recreational facility. That prohibition will also apply to the 16th Street Mall.

• While it has previously been unlawful to openly or publicly consume one ounce or less of marijuana, this ordinance clearly defines "openly " as occurring in a manner that is obvious through sight or smell to the public.

• The ordinance also clearly defines publicly to mean occurring or existing in a public place or in a location where members of the public can observe or perceive through sight or smell, including in vehicles.

• The ordinance repeals language enacted following a 2007 ballot measure that calls for arrest and prosecution for possession of marijuana to be the lowest law enforcement priority. Because Amendment 64 made possession of 1 ounce of marijuana or less legal for anyone 21 and over, this language is no longer necessary.

• The ordinance will allow the city to prohibit "pot giveaways" in city parks.

Shepherd, who wasn't involved in the crafting of the measure, calls it "very, very broad and far-reaching. In essence, it's basically an attempt to nullify much of Amendment 64 by making the ordinance so overly restrictive in regard to where and how marijuana could be consumed.

susan.shepherd.portrait.jpg
Susan Shepherd.
"The most glaring part of it," in her view, "is that consumption on private premises was going to be so tight as to basically exclude being able to smoke in your backyard or on your front porch or even inside your home. Let's say you're sitting on your couch in your living room with your windows open, and the smoke comes out. And then there's how it would effect multi-unit dwelling structures, like condominiums or apartment buildings. If you really said you couldn't consume on private property if others could detect the smell, a condo owner would literally have no place in the city where they could consume legally, quote-unquote, under that particular ordinance."

She's also troubled by language that would prohibit anyone from carrying marijuana through a park, parkway or the 16th Street Mall, whether it can be seen by others or not.

"The words 'possession' and 'transport' are used way too liberally," Shepherd maintains. "You could argue that there's a reasonable concern about displaying it publicly, and public use. But having it be against the ordinance just to have it on your person is ridiculous."

Continue for more of our interview with Denver City Councilwoman Susan Shepherd about amendments to the marijuana ordinance, including the current draft and more.


My Voice Nation Help
63 comments
Quantaray
Quantaray

Most pot smokers probably don't want to create any problems, but like some drunks, they don't think of others first.  

When smoking in hotel rooms, I found that exhaling smoke through a paper towel folded several times catches virtually all the smoke.   Smoking one hit at a time through a bong eliminates the side stream smoke from a joint.

And if you tokers want to improve your long-term lung health, it's better not to smoke at all.  Make your own edibles at a fraction of retail cost for these products.  Be aware of the fact that not everyone wants to smell marijuana smoke at home.   That's all it takes!

woccow
woccow

Instead of passing new legislation why don't they just enforce the no smoking in public to start out with.  If there is already an issue with non-enforcement how is implementing another regulation going to help?

Stephen Dryver
Stephen Dryver

Again, proving you have absolutely NOTHING in the way of a meaningful rebuttal to what I have just posted thus far. Just another in a long line of Internet DWEEBS hiding behind the comfort of a keyboard and screen to engage in armchair activism.

Tim Tindle
Tim Tindle

Again, proving to the whole Internet that your are a blow hard. Troll on little fella.

Stephen Dryver
Stephen Dryver

I wasn't just speaking of you in particular but the body politic as a whole. (You aren't that special, douchenozzle.) And, yes, "the people" voted for these particular officials in office. They didn't just magically appear in office or were installed by some third-world despot. Next time, vote them out....or will you -- as always -- settle for the "lesser of two?" Methinks the latter, given the typical American idiot voter.

Stephen Dryver
Stephen Dryver

"We, The People" are too obsessed with the trials & trivialities of idiotic "reality" TV stars and obsessions with the latest POP gadgetry to be the least bit concerned with the prevailing political winds in Denver or even in DC for that matter.

Stephen Dryver
Stephen Dryver

Given how a signification portion of the "majority" population is "offended" by the mere presence of foreigners and refers to them collectively as "potentially illegal," I don't see why the authorities would not consider your...um..."suggestion" as it pertains to voluntary herbivores.

Tim Tindle
Tim Tindle

No, I do not live in Denver, I did not vote for these people. I live in a part of the city that has approved the retail sale of herb. So you have once again proven to the Internet that you are an over reactive dick hole, stephan. My point is, the Colorado voters approved the adult use of marijuana, put it in the constitution. So any person or group trying to restrict this industry is going against the democratic will of the people.

Stephen Dryver
Stephen Dryver

That's what I figured. No answer. Fucking tool. "Will of the people" is just as meaningless as the claim of "defending liberty."

Stephen Dryver
Stephen Dryver

Wrong. You dumbasses VOTED for these folks. Ultimately, YOU'RE at fault.

Stephen Dryver
Stephen Dryver

I know. Laws against murder only lead to "more" murder. Just think, if we just LEGALIZED murder, then there would be less murders.....d'oh!

Text
Text

This sort of reminds me of the old "unlimited data" trick that AT&T used to employ. You know, you are promised "unlimited data" as part of their sales pitch, but if you actually take them up and use a bunch of data, they limit your bandwidth speed so intensely as to make your connection nearly unusable.


Is this not what just happened? The MAJORITY of the people vote to legalize something. The City OK's the vote, and then immediately attempts to purposely circumvent the will and spirit of the people by placing so many arbitrary and harassing restrictions on it as to essentially make it illegal again in all but the most restrictive conditions.

* * *

"Sure, per YOUR VOTE, you can smoke pot - so long as you smoke in one of our specially designated smoking zones!"

"Umm.. smoking zone? Not really what we voted for, but OK, where is the nearest smoking zone?"

"We've conveniently place them on the Moon.  Enjoy!"

Text
Text

I am unclear how looking through someone's window, seeing them engage in a legal (and non-obscene) activity on their own couch, in the privacy of their own home, such that their neighbor is not in the slightest contact with the substance itself beyond visually seeing that it exists, is so damaging to the person spying on their neighbor that the person smoking the legal substance in their own home should be subject to arrest and up to a year in prison.

 


Loren Bagola
Loren Bagola

has to be ok'd by the people first...not the other way around

Dave Adams
Dave Adams

No people will just Vaporize or eat it instead.

BlindSheeple
BlindSheeple

Hancock is a shill in the worst way.....My ballot concerning the taxing of marijuana at 25% came in the mail today and I immediately voted a big fat NO! and mailed it promptly......Why would we give these goons our money at such a criminal rate? They don't like us anyway.....Anyone who votes YES for these taxes is a SUCKER.....Peace.

McShyster
McShyster

 NewsFlash: Habitual Criminal Rob Corry Found GUILTY by Jury 

Corry, a prominent marijuana attorney who helped distribute free joints in Civic Center last month, was arrested in June after he allegedly smashed in the window of a recreational vehicle near South Beeler Street and East Jefferson Avenue. 

The 46-year-old was arrested on suspicion of felony menacing and criminal mischief but eventually was charged with lesser counts of destruction of private property and disturbing the peace, according to court records.

According to the police report, Corry was loud and riding a motorcycle when he allegedly smashed the window.

Before the jury began deliberating, prosecutors withdrew the count of disturbing the peace, meaning that jurors were deliberating only the destruction-of- private-property charge. 

Shortly after the jury received the case, they returned with a guilty verdict.



Stephen Dryver
Stephen Dryver

Actually, wouldn't that put in the RIGHT line of work? What (s)elected official -- regardless of mere partisan/ideological branding -- HASN'T tried to circumvent the "will of the people?" While we are at it, what exactly IS the "will of the people?"

Tim Tindle
Tim Tindle

The people spoke, now the government is undermining our voice. This is a perfect example of our compromised democracy!

Damon Wood
Damon Wood

sniff this....how about a law so i don;t have to smell these reeking booze hounds and cigarette smokers on the street? jebus, it takes two blocks to get over it. at least weed smells sweet-ish.

Danielle Kekoa
Danielle Kekoa

Anti pot preacher in CO wants to protect children..GOT PROOF? POLICE RECORDINGS with the KEKOAS www.PoliceRecordingsKekoas.blogspot.com The JonBenet Ramsey Murderer has returned...Call twice convicted child abuser: BOB ENYART LIES & ask him why he kills kids: 1-800-8-ENYART *Listen to hours of PROOF the FBI & Police in Colorado know about the Serial Child-Killers who organized the kidnappings and murders of JonBenet Ramsey, Jessica Ridgeway & Dylan Redwine -- Listen & Judge for Yourself!

Ben Cochran
Ben Cochran

Idiots..so what next?? If my vegetarian neighbor is offended by the smoke from my grill..will they make that illegal too??

Madison Smith
Madison Smith

if everyone just does it they cant stop us!!!!!

Robert Barnhart
Robert Barnhart

I know but they'll be arrested and the average taxpayers will have to foot the bill for government agents to harass and arrest peaceful people. It's all about control but the government doesn't want to awaken to many sleeping people at the same time. I think they'll back down if people push the issue relentlessly on a daily basis.

John Pinnick
John Pinnick

Just try and make this happen Denver. I guarantee we the people will not stand for it. Go ahead, I welcome the reason for me to take action. This is bigger than the actual act at this point. Keep fucking with the people who you work for. You will pay the price one day.

christinealling
christinealling

I think this opens the door to neighboring cities with relaxed laws to become a destination. 

Robert Barnhart
Robert Barnhart

Laws create problems. They rarely if ever stop anything. If it passes the people should nullify it by smoking right in civic center park every chance they get.

James Gold
James Gold

If Hancock has this desire to circumvent the will of the people who have voted things into law, maybe he's in the wrong line of work.

Loo Gutz
Loo Gutz

So idiotic, if this passes I want a ban on cig smoke. You u know the smoke thats actually harmful...

Cognitive_Dissident
Cognitive_Dissident topcommenter

The government has abused the words "public" and "private" for a long time. They confuse public to mean anything remotely related to the public, such as private property open to the public. Meanwhile, they identify "public" (I.E., government) property not open to the public (?) as "private." They define crony capitalism as "private," etc.

Basically, they cheat the definitions at every opportunity, until public and private are meaningless. People who understand "brainwashing" should recognize the technique. Other timeless points of brainwashing:

  • war is peace
  • freedom is slavery
  • ignorance is strength

Cognitive_Dissident
Cognitive_Dissident topcommenter

"While it has previously been unlawful to openly or publicly consume one ounce or less of marijuana, this ordinance clearly defines "openly " as occurring in a manner that is obvious through sight or smell to the public."

Openly and publicly. There's a big difference, since people's homes are not the government's property (at least that's what they tell us.)

McShyster
McShyster

In other news --

Stoners Corrupt Animals in their Lust to Get High

CHISINAU, Moldova — A cat has been busted for smuggling pot into a prison in Moldova.

Guards became suspicious about the feline, which routinely entered and left the prison through a hole in a fence, when they noticed its odd collar. On closer inspection, they found two packets of marijuana attached to it.

The Department of Penitentiary Institutions said Friday that someone in the village of Pruncul was using the cat as a courier to supply inmates with dope at the local prison.


McShyster
McShyster

@Text 

A64 did NOT Legalize marijuana -- not even close.

.

Cognitive_Dissident
Cognitive_Dissident topcommenter

@Dave Adams 

I so wish A64 used the word "smoke" along with "openly and publicly." 

I can see a vaporizer army out in public, on various occasions. I'd probably join sometimes with my Arizer Solo.

stupidstuka
stupidstuka

REGULATION WORKS!

GET REGULATED, PAWN!

JDGM
JDGM

@McShyster How much extra time does it take you each day to go back and re-like all of your posts with all of your multiple screen names?

Does it really make you feel that much more secure about the bullshit you post?

stuka1
stuka1

@McShyster  <--- confuses his idiot fantasies for reality.  Needs to go back to sucking Christian TurdStone's dick on Colfax.

McShyster
McShyster

@Cognitive_Dissident "so wish A64 used the word "smoke" along with "openly and publicly." "

The daft illiterate stoners who wrote and promoted A64 must have obtained their law degrees from the back of a matchbook cover to have uttered the worthless ineffective festering turd known as A64.

SSAASSD


JDGM
JDGM

You're still blindly flailing and failing I see.

McShyster
McShyster

@JDGM <= lowlife prohibitionist big dispensary scumbag shill who wants to illegally sell marijuana while condemning others for doing the same.

JDGM
JDGM

Don't do the crime if you can't do the time, you whiny fucking cunt.

stupidstuka
stupidstuka

JDGM "Nobody cares about protecting the interests of private people illegally selling marijuana"

SPOKEN LIKE THE GREEDY BIG $$ DISPENSARY SHILL THAT YOU ARE.

JDGM
JDGM

And nobody is arguing against the rights of people to grow their own herb.

Just because these arguments make sense in your narrow mind doesn't mean they actually have any value.

JDGM
JDGM

Nobody cares about protecting the interests of private people illegally selling marijuana.

If you don't like that, the next ten years or so is really going to be rough on you. I suggest finding a new line of work.

stupidstuka
stupidstuka

BLINDsheep - which will ENABLE the greedy big $$ dispensary pigs to run wild, unregulated against the smaller and poorer INDIVIDUAL PRIVATE users, growers and sellers, using their unbridled profits to confine to lobby against INDIVIDUAL PRIVATE caregivers, growers and users.

The only way to stop these profiteering carpetbagging cartel pigs is to TAX AND REGULATE them into financial oblivion.

Do try and grow a brain, you clueless bong-sucking stoner.

Now Trending

Denver Concert Tickets

From the Vault

 

Loading...