Marijuana: Could city council ban smoking near schools even on private property?

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In addition to voting on a proposed plastic bag-fee bill at a meeting tonight, members of Denver City Council will also take on an amendment that would allow people to smoke marijuana on their front porches, thereby formalizing an unlikely reversal of a rule that would have banned it. One key councilwoman doesn't expect another flip-flop this evening, but she points to other new proposals on the agenda, including one that could make smoking near schools illegal even on private property. And that's not all.

As we noted in a November 25 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.

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Councilwoman Susan Shepherd at last week's Denver City Council meeting.
Complaints about this notion from figures such as council member Susan Shepherd led to some tweaking of the ordinance. However, a subsequent draft still stated that "it shall be unlawful for any person to openly and publicly display or consume one (1) ounce or less of marijuana" in "common areas of public and private buildings or facilities," including private homes -- and it passed 7-5 on first reading, with the subsequent second reading regarded as a rubber stamp.

But no: Shepherd didn't stop fighting, and in the end, Councilman Albus Brooks changed his position on the front-porch prohibition, leading to its defeat by a 7-6 margin. The amendment allowing such consumption will be accepted if it wins a final vote tonight.

Shepherd acknowledges that the last-minute defeat of a previously approved amendment "is definitely unusual -- but the issue we're tackling is so huge and has so many aspects to it. I think everyone really does want to try as hard as possible to allow private consumption, but there are a lot of differences on the council about how to best protect children from exposure to the drug. And we're really doing this for the first time in the world, other than in Amsterdam, so it's not something you can do easily or lightly."

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Councilman Albus Brooks.
In the end, one of the major factors that swayed Councilman Brooks, Shepherd believes, was the prospect of straining police resources when it came to enforcing the front-porch ban. "He said quite clearly that many of his community leaders sat him down over the Thanksgiving holiday and said, 'This isn't a good solution,'" Shepherd allows. "And he talked about 'over-policing' -- people calling and tattling on other people, and that being used to intimidate or harass other people. That police could end up profiling them, basically."

In light of such concerns, Shepherd says, "I don't think the amendment is going to be reversed tonight." But she points out that Councilwoman Debbie Ortega, a primary proponent of the plastic-bag fee that's also on the agenda, "is attempting to set a special exemption similar to what we just overturned. It would limit consumption within a thousand feet from schools, including on private property."

Continue for more of our interview with Councilwoman Susan Shepherd about new marijuana proposals that are likely on the way.


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44 comments
DonkeyHotay
DonkeyHotay topcommenter

Denver limits pot homegrows to 12 plants


Denver residents will be allowed to grow only 12 marijuana plants per household for recreational use, the City Council decided on Monday.

Later in the evening, the council, at its formal meeting, unanimously agreed to make the zoning rules for recreational marijuana the same for medical marijuana. In 2010, the council set a 12-plant limit for medical marijuana homegrows under the zoning code. Council members agreed the same limit should be extended to recreational marijuana, allowing six plants per adult with a 12-plant maximum per dwelling.


Amendment 64 that was passed by Colorado voters in 2012 didn't set a limit, but Assistant City Attorney David Broadwell said the amendment also didn't restrict the city from setting restrictions.


Amendment 64 also states recreational marijuana should be grown in an enclosed and locked space.


Broadwell said there should be no doubt that growing marijuana outside is not allowed in the city and county of Denver.


Another EPIC FAIL for that festering turd A64 !!


freewheelin71
freewheelin71

@DonkeyHotay STFU  - If you do not like the new cannabis laws in Colorado then move east where it is still very much illegal !!! You are clueless & really offer nothing to the subject....


DonkeyHotay
DonkeyHotay topcommenter

,

       *** Colorado NORML supports FELONY PENALTIES for Marijuana !! ***


NORML recommends that marijuana ... become a felony matter .. [if] ... a person has more than 30 plants over the limit or more than 5 pounds over the possession limit


Hey fucktard stoners -- how's that for "legalization" ?!


... with pals like self-serving NORML McLawyers, who needs the DEA ??


You clueless brain-dead bong-sucking imbeciles DESERVE the pain and suffering you beg for!




Tim Tindle
Tim Tindle

If you have real beef with this either way, show up at the meeting. City council is not reading your comments on here!

Michelle Geiger
Michelle Geiger

Downy needs to step up and market a super duper smell filter already!

Aaron Harmon
Aaron Harmon

Fuck the City Council. Their 'suggestions' mean nothing to me. I'm still gonna do what ever the hell I want on my own property.

Kandi Kandi
Kandi Kandi

Um no....regulate it like alcohol, how hard is that?

WillieStortz
WillieStortz

If pot laws are supposed to be the same as alcohol then why are these Kingpins allowed to own so many stores?


The city council needs to make owning pot shops similar to owning a liquor store; 1 shop per owner.

stuka1
stuka1

OH, look, the Idiot Prohibitionists are still trying to throw up any bullshit roadblock to legalization they can think of. Who knew?

Penny Elkins
Penny Elkins

I vote we ban city councils that are downright stupid!

Joseph Eskew
Joseph Eskew

Brooks and the Mayor are full of shit. Vote these frauds out!

Kevin A. Mahmalji
Kevin A. Mahmalji

Fan of privacy and personal freedoms? Participation is the first step in making sure your voice is heard. Council members would love to hear your opinion at tonight's Denver City Council meeting!

Becca Mertens
Becca Mertens

If its the same as alcohol, treat it the same. Smoking cigarettes is far more offensive than pot! Stop trying to keep it illegal!

Matt Salazar
Matt Salazar

Waste of time, and a slap in the face of every voter that made their voice heard... all this says to me is that our elected officials don't give a damn how we vote...

Drew Rouse
Drew Rouse

make the rules the same as alcohol and stop wasting money debating... just a common sense thought

DonkeyHotay
DonkeyHotay topcommenter

If Stoners weren't such Puerile Petulant Pot Punks, many of these laws and regulations would be unnecessary.


... then again, if pigs could fly ...

stuka1
stuka1

Broadwell doesn't know the difference between FACT and his OPINION.  Sort of like the Jackass.

DonkeyHotay
DonkeyHotay topcommenter

 @freewheelin71 "then move east where it is still very much illegal !"


It's still VERY MUCH ILLEGAL here in Colorado, numbnuts.


A64 did NOT repeal a single Felony Statute against marijuana in Colorado


A64 did NOT repeal a single Criminal Misdemeanor statute against marijuana in Colorado


A64 EXPLICITLY excludes and denies ALL ADULTS under 21 ANY LEGAL ACCESS to rec. marijuana -- not a single gram, not a single plant -- maintaining all existing CRIMINAL Penalties against them.


Have another bong-hit you brain-dead stoner.


stuka1
stuka1

Citation needed.  Not holding my breath, though....

DonkeyHotay
DonkeyHotay topcommenter

 "regulate like alcohol" doesn't appear anywhere in the provisions of A64.


DonkeyHotay
DonkeyHotay topcommenter

 @WillieStortz "If pot laws are supposed to be the same as alcohol"


There is nothing in the provisions A64 that says pot laws are supposed to be the same as alcohol.


In fact, A64 explicitly creates laws and regulations that are NOTHING LIKE Alcohol.


Are you another one of those clueless idiots who didn't even read, much less comprehend, what A64 proposed before you blindly voted for it ?




DonkeyHotay
DonkeyHotay topcommenter

@stuka1 ... Oh look, the IDIOT who Voted to Surrender total control of marijuana over to those Prohibitionists is whining again that the FIST of REGULATION he begged for isn't lubricated enough.


LOL!


DonkeyHotay
DonkeyHotay topcommenter

 @Becca Mertens "If its the same as alcohol, treat it the same."


Marijuana is NOT the same as Alcohol.


Never was, never will be.


hth.

DonkeyHotay
DonkeyHotay topcommenter

@Matt Salazar ... the Voters who EXPLICITLY surrendered TOTAL CONTROL of marijuana over to the Prohibitionists Politicians and Law Enforcement goons who've been running the drug war for the last 40+ years?



GuestWho
GuestWho

@DonkeyHotay "If Stoners weren't such Puerile Petulant Pot Punks, many of these laws and regulations would be unnecessary."  -  Do explain the necessity of creating puerile laws and regulations that "Puerile Petulant Pot Punks" will largely disregard...

DonkeyHotay
DonkeyHotay

@DonkeyHotay And your solution was? Oh right you didn't have one.  Make's it easy to whine and complain.

DonkeyHotay
DonkeyHotay topcommenter

 @stuka1 "Broadwell doesn't know the difference between FACT and his OPINION"


@stuka1 "Growing inside a GREENHOUSE is growing outdoors."


LOL!

DonkeyHotay
DonkeyHotay

@DonkeyHotay I think the Feds spend all their time arresting people for minor cannabis possession, that's why I'm so bitter.

stuka1
stuka1

Fucking quibbling LIAR:


"(b) IN THE INTEREST OF THE HEALTH AND PUBLIC SAFETY OF OUR CITIZENRY, THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE THAT **** MARIJUANA SHOULD BE REGULATED IN A MANNER SIMILAR TO ALCOHOL****....:"

stuka1
stuka1

Oh, look, the Jackass is out of jail again, for the moment. He can't stay away from his love of being ass-raped for very long, though...

DonkeyHotay
DonkeyHotay topcommenter

@GuestWho


Puerile Petulant Pot Punk Police Punishment Patrols Perpetually Profit !!


hth.

DonkeyHotay
DonkeyHotay topcommenter

@DonkeyHotayFake


The solution is quite simple, numbnuts -- Don't be a Puerile Petulant Pot Punk and society won't treat you like a Puerile Petulant Punk.


Any questions, punk?


DonkeyHotay
DonkeyHotay topcommenter

@stuka1 ... finally admits that "LIKE ALCOHOL" appears nowhere in the provisions of that worthless turd A64.


Noted.


@stuka1 "A64 has huge problems."


@stuka1 "ANYTHING is illegal under 21 with A64 for rec purposes"


@stuka1 "DISPLAYING AND POSSESSING over an oz is illegal."


@suka1 "The fact is, I'm fine with kids 18-21 not being able to buy it"

stuka1
stuka1

It says "IN A MANNER SIMILAR TO", you quibbling, DISinformation-spouting ONDCP-shill moron. 

DonkeyHotay
DonkeyHotay topcommenter

@stuka1 ... the words "like alcohol" don't appear anywhere in the provisions of A64, you compulsive coprophage.


Keep eating shit, sucka.

stuka1
stuka1

Red Herring much?  You LIED, and I cited the exact language that shows you a liar.

DonkeyHotay
DonkeyHotay topcommenter

@stuka1 ... How many OUNCES of Alcohol are adults limited to possessing and purchasing ?


What Alcohol regulation has a built-in 15% $40 million dollar per year Excise Tax ?


A64 = NOT Legalization, NOT "like alcohol"




stuka1
stuka1

OH, look, the sorry little peckerhead has yet another sock puppet. <yawn>

DonkeyHotay
DonkeyHotay topcommenter

@DonkeyHotayFake


Says the ignorant fuckwit who can't even come up with his own username.


Epic Fail, sucka !!


DonkeyHotay
DonkeyHotay

@DonkeyHotay So, ya you have no alternative plan and are bitter because this personally affects you in some way.  Just admit it.


hth

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