Marijuana front-porch smoking allowed under surprising Denver City Council amendment

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The headline on a post published around this time last Tuesday -- "Marijuana: Denver City Council ban on front-porch smoking looks bound for victory" -- reflected the conventional wisdom regarding an addition to the Denver pot ordinance that would have made smoking weed on front porches and front lawns an offense that could have resulted in a $1,000 fine. But conventional wisdom went down the chutes last night, when a rubber stamp turned into a direction reversal. Photos, video and details below.

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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Denver City Council last night, in a 9News image.
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."

Moreover, the draft defined "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."

Tvert interpreted this language as meaning the city council was "still trying to prohibit the use of marijuana by adults on private property. 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."

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Councilwoman Susan Shepherd introducing her amendment last night.
Nonetheless, the measure passed by a 7-5 vote, with a final reading, slated for last night, regarded as a pro forma exercise prior to its final adoption. But Shepherd upset those expectations by introducing an amendment that tossed the ban on front-porch and front-lawn smoking and promoting it with a fresh argument. As noted by 9News, she maintained that the previous draft encouraged neighbors to fink on neighbors in ways that would waste pressure city resources.

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Councilman Albus Brooks.
This approach managed to sway councilman Albus Brooks, who had previously voted in support of the ban -- and his switch was enough to result in an even narrower 7-6 vote in favor of Shepherd's amendment.

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Councilwoman Jeanne Robb.
Councilwoman Jeanne Robb, the most vocal supporter of the ban, was understandably thunderstruck by this rare development, and while she subsequently spoke in tones that suggested acceptance that things hadn't gone her way, she and other ban backers have one last chance for victory.

That's because the Shepherd amendment must survive another vote, at the council's meeting next week, in order to go into effect. And given what happened this time around, no one's going to bet the pot farm on it sailing through without a fight.

Here's the 9News report about last night's action.

Send your story tips to the author, Michael Roberts.

More from our Marijuana archive circa October 18: "Marijuana sniff-test ordinance nullifies much of Amendment 64, councilwoman says."


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209 comments
ps19854
ps19854

I know, some people are in habit of smoking. and they can't quit easily. In this way, 

e-cigarettes can help you to quit the smoking.  You can go here http://www.ecigarette4u.com.au for more e cigarattes.

Sher Quintana
Sher Quintana

I would hope they are being paid by us to be considering and figuring out more impotant regulstions and laws on this amazing matter..We are the test for the rest if the nation on how legalization of MJ it is exciting and a learning process for all..lets hope we shine and everyone can prosper and grow..hehe and when alcohol is banned from porches then bring it up again...

Matt Leising
Matt Leising

I think our city council got the hint, Coloradans don't want it so they'd be fools to try.

Joshua Allen Pulliam
Joshua Allen Pulliam

Is it illegal to smoke a cig or drink a beer on your own property? No, so pot which actually has benefits of use should be treated the same. Parents need to step up and let their kids know that it can be harmful when they are young because their brains aren't fully developed, 18↑ only. People who smoke pot need to step up and make this work because there's a lot of closed minder individuals and we're not going to get anywhere by being ignorant in these early stages of "legal weed". Its just a plant...

Don Herman
Don Herman

It was stupid to even talk about it.

Al Monterde
Al Monterde

which one of these rocket scientists called city council member , owns all the stock in city lights

Al Monterde
Al Monterde

More should ""use this privilege" . on the front porch G just imagine people talking to each other..... Wow....TERRIFYING

Che Harness
Che Harness

They have no respect for me so I've come to have no respect for their opinions on marijuana and A64. Considering their past action I have to assume that it'll be back, more restrictive than ever, before too long.

Penny Elkins
Penny Elkins

The people voted to legalize it and to control it like alcohol, is alcohol allowed in public? Does it have to be in opaque, childproof containers? Can alcohol be consumed in public? are you allowed to drink in public? Are you allowed to be drunk and stupid in front of kids? Do you pick up your kids from school reeking of alcohol? Many do..Get over reefer madness, and regulate it like alcohol..How many domestic violence charges for pot smokers? ..oh wait..people get mellow smoking pot and some get very violent towards their families when drunk...Alcohol is a mind altering drug, as much as any hard core drug.

Saneful Insanity
Saneful Insanity

Who cares my pussy ass neighbors can suck it. I'll be smoking on my porch regardless.

Native Tint
Native Tint

its not against no law to smoke weed on ones front porch AS long as their are no kids around, people who appose the smoke, it should be our discretion, and not some forced law.

stuka1
stuka1

==> I really prefer back-door smoking 

Andy O'Leary
Andy O'Leary

Denver voters put this amendment on the books and Denver voters can vote these councilfolk right out the friggin door...that, is the main reason they didn't vote it out

Donkey_Hotay_is_GOD
Donkey_Hotay_is_GOD

Indoor Marijuana Warehouses Wasting Massive Energy -- Huge Carbon Emissions

http://denver.cbslocal.com/2013/12/03/marijuana-warehouses-creating-massive-energy-demand-emissions/

When John Kocer opened his latest Xcel Energy bill and saw the cost — $21,500 for one month of electricity and climate control — he didn’t complain to the utility, he simply paid it. It’s the cost of doing business for Kocer and others in the medical marijuana business.

“Energy consumption in this business is pretty astronomical,” said Kocer, one of the owners of River Rock, -- an MMIG pig member --- which has retail medical marijuana dispensaries and a massive warehouse in north Denver, where the lights operate around the clock and the climate control whirs constantly.

“As this industry expands at its current pace I do believe that we will be a tax on the energy grid: something has to change,” he said.

While Kocer’s monthly $21,500 bill is attention grabbing, he told CBS4 one of his competitors pays a monthly utility bill of $100,000 per month for their warehouse grow operation.

According to a 2011 study on energy use in the marijuana industry, indoor pot production uses about $6 billion worth of energy every year, using enough electricity to power 2 million average homes. The study by researcher Evan Mills at the Lawrence Berkeley National Laboratory reports the marijuana industry is using 1 percent of national electricity consumption and is creating greenhouse gas pollution equivalent to that of 3 million cars.

Donkey_Hotay_is_GOD
Donkey_Hotay_is_GOD

The BIG LIE exposed -- Marijuana Strains Like OG Kush Are Meaningless, Expert Says

http://blogs.laweekly.com/informer/2013/12/marijuana_strains_are_fake_study.php

OG Kush. Skywalker. Pineapple Express. Sour Diesel. Sour Jack.

These are the "strains" that medical marijuana consumers are sold, often at premium prices, with the promise that they'll do something special for you.

But a foremost cannabis expert, Jeffrey Raber, who holds a Ph.D. in chemistry from USC, says it's all b.s. Those names don't mean anything, and a forthcoming study he's working on will prove it, Raber tells us. In fact ...

... he even disputes the commonly held notion that the two polar types of weed, indica and sativa, produce opposing effects -- specifically that indica is more of a depressant and sativa is more of an upper.

The data shows that indica and sativa is just morphology [the plants' appearance and structure, not their highs]. It's a misperception that indica will put you to sleep or that sativa is more energetic.

To be sure, many of the aforementioned strains pack the punch promised by their purveyors.

But beyond that, especially when it comes to projections of stimulation or relaxation, head trips versus body highs, and strain-specific cures and treatments, it's a crap shoot, Raber says.

There's no scientific basis for the claims being made by pot shops about the effects of their weed, Raber argues. In fact, he says his study is showing that what's being sold as OG Kush in one shop could be something completely different in another.

"Most people don't even know," he says. "We took a popular name, Jack Herer, and found that most didn't even look like each other. OG whatever, Kush whatever, and the marketing that goes along with it -- it's not really medically designed."

The strain study he's working on is analyzing more than 1,000 brands of cannabis sold at pot shops, 

The pot expert plans to see the study published by spring. He hopes that, in the end, the research will establish new guidelines for naming strains so that they're consistent from dispensary to dispensary and, more importantly, so that they actually mean something to the consumer.

Mitchell
Mitchell

Mason Tvert is all up-in-arms about wanting to smoke weed on his front porch. Yet, there is no outrage whatsoever to impending takeover of recreational marijuana market by the New Marijuana Mafia. The 70/30 rule (aka "vertical integration") and endless unworkable regulations have created a situation where very few people will be running Mason's Pot Surveillance Shops, essentially, creating a new Mafia or Marijuana Mob that controls the entire industry for the benefit of the few. If A64 was really supposed to be modeled after alcohol laws, then why are the new Pot Surveillance Shops owners allowed to own multiple stores?  In Colorado, chain stores for liquor retail are not allowed. But for marijuana under the A64 model, large chain stores are encouraged, creating a new "legal" mafia or cartel.  Why does Mason think this is a good idea?

Why isn't Mason outraged by the constant surveillance state that is being set up to track, count and weigh every speck of cannabis from seed to sale, and then to jail, with Radio Frequency tracking technology. Marijuana is set to become the most tracked substance ever on the planet. Yet, Mason Tvert just wants to sit on his porch in Denver and smoke a joint. The war is over for Mason. He "legalized it" and now he just wants to kick back and watch everyone under 21, and everyone with more than one ounce or seven plants, continue to be harassed for weed. I guess since he "ended prohibition" (his words), he can sit back and relax now. The only important thing is being able to smoke a joint on your balcony.

Donkey_Hotay_is_GOD
Donkey_Hotay_is_GOD

@Andy O'Leary = another ignorant dipshit who didn't even read, much less comprehend A64 before he voted for it.

Reap what ye sow, pot clowns.

stuka1
stuka1

@Donkey_Hotay_is_GOD <====== Christard Turdstone's personal asslicking lap dog, continues to spam Reefer Madness propaganda

Donkey_Hotay_is_GOD
Donkey_Hotay_is_GOD

@Mitchell 

*** Boycott the Greedy Big $$ Dispensary Cartels and their parasitic law enforcement bedfellows at the insatiable Dept. of Revenue ***

GROW YOUR OWN ... or obtain from your Private Individual TAX FREE Caregiver.

             *** Stop the Corporate Commercialization of Cannabis !! ***

skottey
skottey

I am a pot clown, if that is what we are calling marijuana users now. I never got the memo. Pot clown. Nice to meet you, I am a pot clown.

Can you imagine a car full of pot clowns hotboxing one of those little cars they all pile into? That would be cool.

I love being a pot clown.

Donkey_Hotay_is_GOD
Donkey_Hotay_is_GOD

@stuka1 = pig-ignorant bong-sucking fucktard

But a foremost cannabis expert, Jeffrey Raber, who holds a Ph.D. in chemistry from USC, says it's all b.s. Those names don't mean anything, and a forthcoming study he's working on will prove it,

fognl7
fognl7

You need some new material.

stuka1
stuka1

@Donkey_Hotay_is_GOD

You. (and ALL your sockpuppets)

Therapy.

 Now.

Donkey_Hotay_is_GOD
Donkey_Hotay_is_GOD

@stuka1 = typical brain-dead stoner

HipTip: Denying reality doesn't change it.

Like your EPIC FAIL on Prop AA ... and the 5 ng/ml DUI-m limit

LOL! LOL! LOLz !!



stuka1
stuka1

@Donkey_Hotay_is_GOD

Argumentum ad Nauseum.

 Repeating bullshit over and over doesn't make it true. 

Madam, your Desperation is showing.

 

fognl7
fognl7

I know you don't like the question. Answer it anyway.

You obviously have enough time on your hands.

Donkey_Hotay_is_GOD
Donkey_Hotay_is_GOD

@fognl7 ... your question is as inane and irrelevant as the first time you asked it.

Do you think is should be legal for ANY ADULT to grow as much marijuana as they desired, for themselves and/or family and friends, without facing FELONY or other criminal penalties for growing, possessing, using or selling a "harmless plant that never killed anyone"?

Do you think the FIST of Government Regulation that clueless nitwits BEGGED for should be lubed or unlubed? 

fognl7
fognl7

Serious question: Do you think it should be legal to buy marijuana from a strore? I'm not referring to A64.

Despite the frequency and emotional tone of you comments, I have no idea what you're arguing for or against.

Try and answer without insulting anyone or claiming it is a stupid question.

fognl7
fognl7

1) How can I know something is stupid if I don't read it?

2) Even if I skip every thread started by one of your aliases, they're all eventually interrupted by your regurtitated nonsense, non sequitors, and insults.

fognl7
fognl7

Nobody can avoid your comments because they're everywhere.

fognl7
fognl7

You've already used that one, too.

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