Pubdate: Tue, 05 Nov 2013
Source: Denver Post (CO)
Copyright: 2013 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Kurtis Lee

PUBLIC POT USE UP IN AIR

City Council Still Tweaking Ways to Regulate Recreational Consumption

In what's become a debate over civil liberties and compliances with a 
new state law legalizing the recreational use of marijuana, the 
Denver City Council on Monday floated suggestions on the best ways to 
regulate the open and public consumption of pot.

A recent draft law, crafted by Councilman Chris Nevitt and introduced 
before a council committee, allows people in Denver to smoke in their 
backyards. It would also allow for possession of up to an ounce of 
marijuana in parks and on the 16th Street Mall and make violations a 
petty criminal offense that carries a maximum $100 fine and/or 24 
hours of community service.

But questions on Monday among some council members about restrictions 
on marijuana use on private property and criminal charges that could 
result from violations have a new proposal slated to be drafted and 
introduced at a meeting next week.

"There are some discomforts, and we're going to try to address them 
and get it right," Nevitt said.

Under the current draft, consuming marijuana on a front porch visible 
from the street would be prohibited. Moreover, the current draft 
would allow marijuana possession, though it would ban "display and 
distribution," throughout central downtown and in parks.

Council members, such as Paul Lopez, were concerned about 
restrictions on smoking marijuana on a private front porch or balcony.

"People should not be criminalized for doing something on their own 
private property, whether it's drinking a beer, smoking a joint or 
smoking a cigarette," said Lopez, who also expressed concerns about 
potential criminal charges violations would carry.

A mixture of proponents and opponents of the current draft 
legislation testified before the committee Monday. The passage of 
Amendment 64 last November allows for the legalized recreational use 
of marijuana for those 21 and older.

Nevitt's initial draft legislation, introduced last month, would have 
banned even the smell of pot wafting from from someone's backyard. 
Groups such as the American Civil Liberties Union have called that 
proposal unconstitutional.

Some of the concerns Nevitt plans to address in his new draft 
legislation to be presented next Tuesday include:  Criminal vs. civil 
violations.  Whether to include the downtown central business 
district or only the 16th Street Mall banning "display and 
distribution" of pot.

Retaining current ordinance language around private property or 
exclude violations related to public consumption of pot on private property

Addressing "smell" or "odor" emanating from private property

"We are taking a multi-pronged approach to this complex issue, and I 
am confident that we will come up with a good ordinance that 
addresses how Denver can consume marijuana as the voters of 64 
intended," Councilwoman Mary Beth Susman said.
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MAP posted-by: Jay Bergstrom