Marijuana: Denver City Council ban on front-porch smoking looks bound for victory

marijuana.smoke.thinkstock.205x205.jpg
Photos, video below.
At last night's Denver City Council meeting, members heard public comment about an amendment to the community's pot ordinance that would outlaw smoking pot on one's front porch or balcony.

But despite plenty of vocal opposition among the 26 people who spoke, the council voted 7-5 to approve the measure, with next week's second reading considered mostly a formality.

Could the measure be stopped by a lawsuit? Possibly, but there's no guarantee.

As we noted yesterday in an interview with Amendment 64 proponent Mason Tvert, who scheduled a press conference from the balcony of his apartment to dramatize the subject, the amendment was initially characterized by critics as a sniff test, since it criminalized indoor pot smoking if the aroma could be detected by anyone outside the residence where it was taking place. Complaints about this notion from figures such as council member Susan Shepherd led to some tweaking of the ordinance. However, the latest draft included on the Denver City Council website page devoted to last night's session (see it below) still states that "it shall be unlawful for any person to openly and publicly display or consume one (1) ounce or less of marijuana."

Moreover, the draft defines "openly" and "publicly" as, respectively, "occurring or existing in a manner that is unconcealed, undisguised or obvious" and "occurring or existing in a public place; or occurring or existing in any outdoor location where the consumption of marijuana is clearly observable from a public place," with the latter including but not limited to "streets and highways, transportation facilities, schools, places of amusement, parks, playgrounds and the common areas of public and private buildings or facilities."

denver.city.council.sniff.test.november.25.2.jpg
A look at the Denver City Council meeting last night, from 9News' coverage.
Tvert interprets this language as meaning the city council is "still trying to prohibit the use of marijuana by adults on private property," he told us. "It's currently legal for adults to consume alcohol or smoke cigarettes on their porches or balconies, so we fail to understand why it should be illegal to use a far less harmful substance there."

Similar points were made at yesterday's session, but after attempts to delay a vote failed, 9News reports that the amendment passed anyhow, albeit by a narrow 7-5 margin. And while the proposal is back on the agenda for a second reading at the council's December 2 get-together, it's exceedingly rare for an item already passed by a majority of members not to win final approval.

Could legal action stop the rule from taking effect? We put that question to ACLU of Colorado legal director Mark Silverstein last month, and even in the case of the more draconian draft, he didn't portray such an effort as a slam dunk.

"To the extent that the ordinance purports to criminalize what Amendment 64 makes legal, there's a conflict between the ordinance and the state constitution," Silverstein said. "And that could be the basis for a legal challenge."

However, he added that "governments have been willing to make it a crime to do things that are done in the privacy of your home. So most of the legal challenges have to do with the procedures and tactics for enforcing that prohibition."

Understanding this, supporters of the ordinance have soft-pedaled sanctions for violating the ordinance, pointing out that those caught smoking on their front lawn, porch or balcony would be subject to a ticket, not an arrest. But even these comparatively modest sanctions are anathema to folks like Tvert. In his words, "The voters made it clear they think marijuana should be treated like alcohol, and adults should be able to use it responsibly. And there's no compelling reason to prohibit adults from using marijuana outside on their own private balconies and porches."

Here's the aforementioned 9News piece, followed by the most recent draft of the ordinance amendment on the city council's website.

Denver Public Consumption of Marijuana Draft November 12

Send your story tips to the author, Michael Roberts.

More from our Marijuana archive circa October 15: "Marijuana sniff-test proposal recriminalizes pot, invites lawsuits, critic says."

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220 comments
HempShare
HempShare

So if I'm smoking medical cannabis on my porch it is okay, but recreational marijuana is not. I agree with that. Patients before Profits after all.

Mallory French
Mallory French

You have clearly missed the point. I did notice your other comments on most posts in this thread...doing your part to slow down those servers as well. You have been rude in every response. If Facebook is so lame, why do you continuously post on this site? If you have such a problem with (anti) social media and the people on here, why not just deactivate your account(s) instead of harassing others. You are still being a dick. Name calling really doesn't hurt my feelings if that is what you were going for.

Sterling Meeks
Sterling Meeks

Notice that my comment was NOT exclusive to Lamebook or any specific website/form of (anti)social media. Besides, given that Lamebook can and does experience periodic slowness and downtime throughout the year based on demand or even the severity of any DDOS attack, clearly, its server space is not infinite. Don't be a SIC ( Stupid Ignorant Cunt)!

Sterling Meeks
Sterling Meeks

The Little Engine That Thought He Could But Couldn't

Sterling Meeks
Sterling Meeks

Uh....the very same people who are now suffering from a serious case of buyer's remorse

Sterling Meeks
Sterling Meeks

"Sterling you are an aggressive moron. This is a legal activity." Consensual sexual intercourse is also a perfectly legal activity but there are limits to when and where it can occur -- being in open view to the public clearly isn't one of them, even if it is taking place on one's private property. The fact that something is legal doesn't necessary mean it isn't immune to regulation. That is the point I was making...MORON.

Mallory French
Mallory French

I don't believe Facebook will ever be in short supply of server space...don't be a dick!

Che Harness
Che Harness

I was responding to Sterling...bitch

Jacqueline Medina
Jacqueline Medina

No criminal penalties and regulation sounds like legalization to me. Dip shit!

Che Harness
Che Harness

Ahh, the same mentality that justified making marijuana illegal. No wonder it remained illegal all these years.

Che Harness
Che Harness

The Amendment passed by the people was a lot closer to legalization before legislators got involved.

Donkey_Hotay_is_GOD
Donkey_Hotay_is_GOD

Breaking NewsColorado Bar Association Bitch Slaps Unethical Marijuana McLawyers!

This one is for DONKEY_HOTAY, vindicated at last by the CO-Bar... It was a long time coming, but now here is the official slapdown of marijuana McLawyer ethics by their own ethics committee, in a Formal Opinion adopted Oct. 21, 2013 and just released:

Colo. Bar Association Ethics Committee Says Marijuana Lawyers Violate Rules of Professional Conduct

http://www.cobar.org/tcl/tcl_articles.cfm?articleid=8370

The Ethics Committee of the Colorado Bar Association (CBA) has formally ruled that it is a violation of ethics rules for attorneys to advise or assist their clients in violation of federal marijuana laws, even if the activities are legal under state law. According to the Colorado Rules of Professional Conduct 1.2(d), "a lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal...."

The Opinion states that, despite the fact that "Colorado voters approved a constitutional amendment decriminalizing the possession and use of small amounts of marijuana for recreational use on November 6, 2012", " marijuana continues to be illegal under federal law for all purposes."

The CBA Ethics Committee Formal Opinion states:

"Nevertheless, unless and until there is a change in applicable federal law or in the Colorado Rules of Professional Conduct, a lawyer cannot advise a client regarding the full panoply of conduct permitted by the marijuana amendments to the Colorado Constitution and implementing statutes and regulations. To the extent that advice were to cross from advising or representing a client regarding the consequences of a client’s past or contemplated conduct under federal and state law to counseling the client to engage, or assisting the client, in conduct the lawyer knows is criminal under federal law, the lawyer would violate Rule 1.2(d)."

Read it and weep, McLawyers!!! 

Thanks to Donkey_Hotay for calling this one from the beginning! 

Too bad none of the ignorant cunts listened.

===> Jah Donkeyhotai !! <===


krispkaiser
krispkaiser

I may be wrong, but the bill posted is NOT the amended version.  In Monday's meeting, the bill was changed to make it illegal to smoke marijuana outdoors on your own private, residential property if you can be seen from a road, sidewalk or highway.  All of the carve out in Section 1, part (d) (on page 3) was removed.  Parents that are concerned about their kids seeing people smoking marijuana need to realize that if their kids KNOW that it's marijuana being smoked, then a the kid already "knows", what a great opportunity to talk to them about it.  It's a teachable moment.  Parents need to step up and discuss it with their kids, unless you want MORE NANNY STATE.  Which is what this is.  The government being forced to intervene in people's private lives, by a minority to make their jobs as parents a little easier.   As I understand the ACLU is already gearing up a legal challenge.  Stay out of people's private lives.  If you are so worried about the "evil devil weed", talk to your kids about it, BUT the mere sight of it won't cause a lifelong addiction, I promise. 

Douglas Evans
Douglas Evans

Just turning regular citizens into criminals

_Hoosier_Daddy_
_Hoosier_Daddy_

Looks like it's the END of the Gravy Train for the Marijuana McLawyers in Colorado --

Colorado Bar Association rules Lawyers can NOT ethically advise prospective or ongoing Marijuana Businesses, since they are actively violating Federal Law !!

http://www.cobar.org/tcl/tcl_articles.cfm?articleid=8370

Ethical Lawyers KNEW this from the beginning, only the greedy self-serving marijuana shysters jumped into aiding and abetting the continuing criminal enterprises of their drug-dealing clients, all for their own personal pecuniary gain.


HP Stacks
HP Stacks

Well thc is instantly absorbed in your body when you take a hit. Who cares about the smell. It actually smells pretty good to me. We should ban cigarettes, because you can get second hand smoke and die from cancer from that.

_Hoosier_Daddy_
_Hoosier_Daddy_

*** DEA probing ex-racers over drug aircraft, Colorado connection  ***

MIAMI—Federal drug agents are investigating a Florida aircraft leasing business operated by two former champion race drivers who are suspected of providing airplanes to South American drug traffickers, according to court documents and interviews.


Agents from the U.S. Drug Enforcement Administration, FBI and Homeland Security Department raided the Fort Lauderdale offices Monday of World Jet Inc., which is controlled by brothers Don and Bill Whittington. They raced in the Indianapolis 500 and other tracks, teaming up with a third driver to win the France's 24 Hours of Le Mans race in 1979.

Later, both brothers pleaded guilty for their roles in a $73 million marijuana smuggling ring that authorities said financed their racing careers.

Now, according to a DEA search warrant affidavit that relies on several confidential informants, the Whittingtons are suspected of illegally leasing aircraft from Florida to cocaine cartels and laundering drug-related profits through a hot springs resort hotel and a ranch in Colorado.

Mia Ro, a DEA spokeswoman in Miami, confirmed her agency is leading the investigation but declined to provide details. Agents were seen carrying boxes of records and other items from World Jet's offices at Fort Lauderdale Executive Airport on Monday.

According to the DEA, World Jet leases or sells aircraft to drug traffickers in Colombia, Venezuela, Mexico and Africa at inflated prices, keeping the plane under the Whittington name or that of a third party and maintaining a U.S. tail number. After a certain period, the aircraft is returned to World Jet.

"In the event that the aircraft is seized pursuant to a narcotics interdiction, both parties can deny responsibility and World Jet Inc. can reclaim the aircraft," the DEA said in the affidavit, filed in Colorado federal court.

Specific aircraft traced to World Jet were involved in numerous drug shipments or attempts, according to the DEA, including one Hawker 700 jet that was seized by the Venezuelan government earlier this year. One informant said that plane was supposed to carry more than two tons of cocaine from Venezuela to Honduras.

Another plane, a Beech King Air 300, was sold to the head of a South African company currently under U.S. investigation for laundering profits from the illegal drug and weapons trade in the U.S., the DEA affidavit says.

The resort involved in the investigation is the Springs Resort and Spa in Pagosa Springs, Colo., according to the DEA. Bill Whittington's daughters, Nerissa and Keely Whittington, are identified as the resort's operators, and the resort itself lists a Florida corporate address that is the same as World Jet's.


Recently the city of Pagosa Springs approved an expansion plan pushed by Bill Whittington that includes raising the number of geothermal pools from 18 to 23 and building a 29-room hotel. Based on confidential informants, 
the DEA suspects that money from the aircraft sales to cocaine smugglers has been invested in the resort.


In addition, the DEA affidavit says World Jet money has gone into a nearby property called Three Meadows Ranch that is owned by an entity controlled by Nerissa Whittington. That entity, Fawn Gulch LLC, also lists World Jet's corporate address in Florida.


The Whittington brothers are no strangers to illegal drugs. They were sentenced to prison in 1987 after pleading guilty for their roles in a large-scale marijuana smuggling operation and Bill Whittington was forced to forfeit race cars, boats, planes, a mobile home park in Lakeland and $7 million in currency to the government.

_Hoosier_Daddy_
_Hoosier_Daddy_

More Puerile Pot Punkery -- i.e.. why stoners cannot be trusted

Man Acknowledges Prank Involving Cannabis Drink

ASPEN, Colo.—A 32-year-old Basalt man who acknowledged giving two co-workers a drink that contained cannabis without their knowledge, causing one to experience seizure-like symptoms, must pay their hospital bills and complete 100 hours of community service

The Aspen Daily News reported Saturday ( 
http://bit.ly/1jvON0Z) that Dilmer Funes Lovos pleaded guilty to misdemeanor charges of reckless endangerment and third-degree assault causing bodily injury. He was ordered earlier this week to pay his coworkers' combined hospital bills, which totaled $3,000.

Police and medics were called Aug. 30 to the Aspen restaurant where the men work and found one of them with seizure-like symptoms and vomiting. The other victim wasn't as severely affected.

Funes' attorney says her client didn't mean to hurt anyone. The judge also ordered the man to write apology letters.

_Hoosier_Daddy_
_Hoosier_Daddy_

*** Denver police arrest seizure sufferer after firefighters find pot ***

Denver firefighters searching a Philadelphia man's suitcase for his identification while he suffered a seizure at a downtown Amtrak station found more than five pounds of marijuana, police said.

Eric Lamont Croxton II, 26, remained in the the Downtown Denver Detention Center Monday where he faces charges of marijuana possession with intent to distribute across state lines, court records show.

Police said they discovered his stash Saturday evening, when they were called to the station at 1800 21st St., where firefighters were treating Croxton for a seizure.

A firefighter opened Croxton's suitcase in search of information about him and found 17 packages of marijuana "all labeled with a particular name on the outside of each package," an officer wrote in an arrest affidavit. Police estimated the marijuana at more than five pounds.

Croxton told an arresting officer he was not a medical marijuana patient, at which point the officer informed him of his right to remain silent, the affidavit says.

----------------

This must be one of the "10,000 arrests" that Lyin' Brian Vicente and Mendacious Mason Tvert said would be prevented by A64 ... LOL!

Charlie Radcliffe
Charlie Radcliffe

Sterling you are an aggressive moron. This is a legal activity. There is no more reason to ban it in sight of others than there would be to ban two gay men holding hands in public. This just allows a group of moralistic citizens to undermine the intent of the legalization. If you are having to inhale the smoke that is one thing. No person should have the right to prohibit someone smoking out of the contamination area. People have been smoking cigarettes for hundreds of years and that hasn't undermined the moral fiber although it might have led to some addictions, something that would not be an issue here. This is no different than banning drinking beer where someone can see it. Are you always this rude when you disagree with someone, or only when you are trying to defend and indefensible position?

Sterling Meeks
Sterling Meeks

Because it's not true legalization in the loosest sense of the term....dipshit. It is DECRIMINALIZED -- NOT the same as legalization. It diminishes or removes criminal penalties (for most) but does NOT take away authority to regulate and restrict usage & sale. Live and learn, kiddo. Silly dweebs.

Sterling Meeks
Sterling Meeks

Wrong, douchebag. Neither the nation nor the world revolves around YOU. It is not just "your" government; it's "the people's" government, meaning YOU have to SHARE it. In this case, YOU personally do NOT speak for "the people."

Sterling Meeks
Sterling Meeks

The stupidity of the people who VOTE for said government knows no bounds.

Sterling Meeks
Sterling Meeks

Ok, how in the hell can Greeley meatpacking affect you in Denver on a daily basis? Even the few times the winds blow from the NE, I hardly catch a whiff of Greeley's "world renown bovine bliss" and that's when I'm in BRIGHTON.

Sterling Meeks
Sterling Meeks

Besides, you couldn't be any more full of shit when it comes to what is covered by the Constitution and what is left to "the states and/or people" to govern. Regulation of particular behavior in public settings/view most often falls into the latter category, unless already explicitly covered by federal statute. Idiot.

Sterling Meeks
Sterling Meeks

"This is a dangerous precedent because it implies you have the right to never see any behavior which you disagree with." So, in the spirit of avoiding such "dangerous precedent," we should have no problem whatsoever with any behavior that offends our delicate sensibilities -- even public hardcore sex acts occurring in plain view of children or the intentional torture of wild animals? What a great "precedent" you set there, Charlie.

Donkey_Hotay_is_God
Donkey_Hotay_is_God

@Sterling Meeks ... yep, those clueless bong-sucking illiterate stoners were too stupid to read, much less comprehend what that festering turd A64 proposed, and now they whine and squeal that the FIST of REGULATION they begged for doesn't have enough lubrication on it.

Bück Dich, suckers, and get Regulated! ... you voted for it!

.

Donkey_Hotay_is_God
Donkey_Hotay_is_God

@Jacqueline Medina 

A64 did NOT repeal a single criminal FELONY statute in Colorado regarding marijuana.

A64 did NOT repeal a single criminal Misdemeanor statute in Colorado regarding marijuana.

A64 explicitly EXCLUDES EVERY ADULT under 21 years old, denying them ANY LEGAL ACCESS to rec. marijuana, leaving them completely exposed to ALL existing CRIMINAL Statutes in Colorado.

Does it hurt to be so stupid?


Donkey_Hotay_is_God
Donkey_Hotay_is_God

@Che Harness ... too bad the people. via that worthless amendment, surrendered total control of marijuana over to the same prohibitionist politicians, law enforcement thugs and insatiable tax pigs that have been running the drug war against them all these years, eh?


Imagine if the Palestinians -- via their own amendment -- surrendered total control of Gaza, the West Bank and Jerusalem to the Zionist occupiers, in exchange for one pathetic ounce of olives and six olive trees, no more than three of which are allowed to produce fruit ... and only for those over 21 years old ...... and a self-imposed $40 million annual excise tax on their own olives ... and no Muslim is allowed sell a single olive, only Jews can sell and grow commercial quantities.


Could any group or culture be that self-destructively stupid?


... now imagine after that self-imposed Palestinian referendum and amendment, which they proposed, supported and passed, imagine they started whining about the shitty treatment, lack of land and shortage of affordable olives they then suffered at the hands of the Zionist swine.


Booo fucking hooo.





_Hoosier_Daddy_
_Hoosier_Daddy_

@krispkaiser " Parents that are concerned about their kids seeing people smoking marijuana need to realize that if their kids KNOW that it's marijuana being smoked, then a the kid already "knows", what a great opportunity to talk to them about it.  It's a teachable moment"

Parents that are concerned about their kids seeing people FUCKING, SUCKING and FISTING need to realize that if their kids KNOW that it's FUCKING, SUCKING and FISTING, then a the kid already "knows", what a great opportunity to talk to them about it.  It's a teachable moment!


There, fixed it for you, you clueless imbecile.

stuka1
stuka1

@Douglas Evans It's okay to say FUCK here. Really. ;-)

stuka1
stuka1

@Sterling Meeks   Funny how every newspaper and magazine in the country calls it legalization. 

 Alcohol is regulated and its usage and  sale is restricted.  Is it illegal too, dipshit?

stuka1
stuka1

@Sterling Meeks Strawman much, moron?

HempShare
HempShare

@Cognitive_Dissident @HempShare I don't like perfume, cigarette smoke, excessive body odor, nor Alcohol (I'm so unaddicited I nearly get sick at the sight of it). I suggest they ban these, oh, and I can't stand the carcinogenic smoke from grilling on the Front Porch. Let's get rid of that. Dancing?

HempShare
HempShare

@Donkey_Hotay_is_God Speaking of clueless. Your post says it all: "clueless" Sure, Hemp Nutrition is clueless, so is the endogenous cannabinoid receptor system, and 80 or so acidic plant compounds.

"Bong sucking illiterate stoners" I agree, your Democrat & Republican school systems failed to provide these students with the simple capacity to read and comprehend.

"A64 turd" Agree. ALL Taxation & Regulation of a plant is a joke. Like being spoon-fed turds.  Anyone who accepts anything less than complete removal of Adult Prohibition AND a Prescription required for a Minor to DECARBOXYLATE THCA into THC obviously is has not done the research to find out the Secrets about Hemp/Cannabis/Marijuana.

Donkey_Hotay_is_God
Donkey_Hotay_is_God

@stuka1  ... calls the Colorado Bar Association Ethics Committee "prohibitionists" ...

... supports lowlife unethical malpracticing self-serving drug-using criminal shysters infesting the marijuana industry, along with the foreign Cuban and Colombian criminal drug gangs they represent, aid and abet.

You = fail again, chump.



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