Pubdate: Sun, 13 Oct 2013
Source: Columbus Dispatch (OH)
Copyright: 2013 Reuters
Contact:  http://www.dispatch.com/
Details: http://www.mapinc.org/media/93
Author: Keith Coffman, Reuters

DENVER MIGHT OUTLAW POT-SMOKING OUTSIDE

DENVER - The use of recreational marijuana is now legal in Colorado, 
but if a proposed ordinance is approved in the state's largest city, 
pot smokers could face jail time and fines if smoke wafts onto a 
neighbor's property.

A measure under consideration by the Denver City Council would impose 
up to $999 in fines and a maximum one-year jail sentence for anyone 
caught smoking marijuana in city parks or other public venues.

But as written, the law would extend the same criminal sanctions to 
offenders on private property.

"The term 'openly' means occurring in a manner that is unconcealed, 
undisguised, is obvious, and is observable, perceptible through sight 
or smell to the public, or to persons on neighboring properties," the 
draft ordinance reads.

Last fall, Colorado and Washington became the first U.S. states to 
legalize the possession and use of small amounts of pot for 
recreational purposes.

Marijuana is classified as an illegal narcotic under federal law. But 
the U.S. Justice Department has said federal law enforcement will not 
target users in the two states if they are in compliance with their 
respective state's laws.

Colorado lawmakers have crafted statewide rules governing the retail 
sales of cannabis, but the open use of marijuana is missing under the 
regulations, said Amber Miller, spokeswoman for Denver Mayor Michael 
Hancock, who supports the measure.

"The taxing, licensing and regulation have all been addressed, but 
this was one aspect that hasn't been," she said.

The Colorado chapter of the American Civil Liberties Union blasted 
the proposal, calling it "ill-advised, unnecessary and unconstitutional."

Mark Silverstein, the ACLU's legal director in Colorado, said that 
when voters approved legalizing marijuana, it was under the 
understanding that it would be regulated like alcohol.

"No one risks a year in jail for drinking a beer in their fenced 
backyard, yet this ordinance would make criminals once again of 
persons who enjoy a legal joint on their back porch, if anyone can 
see or smell (it) from a public area or a nearby property," he said.

But the mayor said all the measure would do is clarify where people 
can consume marijuana.

The proposal will be debated this week before a Denver City Council 
committee tasked with implementing new pot laws.
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MAP posted-by: Jay Bergstrom