If a new ordinance is passed by the Denver City Council, it would be illegal to smoke marijuana in parks, along the 16th Street Mall, and most importantly – on private property visible to the public.. Could Fort Collins or Loveland be next? Colorado is struggling to define the law regarding marijuana. With the legalization of retail pot sales set to start in January, there is much debate about how marijuana is to be used in Larimer County and throughout Colorado.
Unconstitutional Ban Regulating Use of Marijuana on Private Property
With the passing of Amendment 64, Colorado became one of the first states to legalize marijuana. The law regarding Amendment 64 is supposed to mimic the law which regulates the consumption of alcohol, allowing adults (over the age of 18) to consume pot.
The proposed ordinance (unlike laws regarding alcohol) would make it “unlawful for any person to openly and publicly display or consume marijuana.” The term “openly” is defined later on as consuming marijuana in a “manner that is unconcealed, undisguised, or obvious, and is observable or perceptible through sight or smell to the public or to persons on neighboring properties.”
If this ordinance passes, you could face a fine and jail time for smoking marijuana on your front porch in Denver. It wouldn’t be long before the same was true in Fort Collins, Loveland or Estes Park. This would never be the case for drinking a beer on your front porch. The legal director for the American Civil Liberties Union of Colorado is adamant that this ordinance is a “tremendous overreach, ill-advised, unnecessary and unconstitutional.”
Why Is this Ordinance Even Being Considered?
Mayor Michael Hancock issued a statement saying that “your activities should not pervade others’ peace and ability to enjoy.” He goes on to mention that “marijuana is one of those elements that can be quite pervasive and invasive. I shouldn’t have to smell your activities from your backyard.” This recent crackdown on marijuana use is most likely the result of recent events. Denver has been annoyed by public celebrations of marijuana use, where thousands of people are smoking pot and sharing marijuana openly. When this occurred, the police stood idly by because they were afraid of a riot if they intervened. The new ordinance is part of the Denver City Council’s response. Mr. Hancock wants the organizers of the event to know “we are not going to tolerate it anymore…we want to make very clear, now and forever, and that is zero tolerance.”
Regulation of What Happens on Private Property is a Bad Idea
At first glance, people may think that such an ordinance is a good idea. But, if it passes, the new laws would prompt an enormous increase in police confrontations. Suddenly, it would be illegal to smoke a legal substance in your living room with the windows open, because of the smell. Police would be required to confront the homeowner in his own home. Also, the new regulations would make it illegal to carry marijuana in your pocket on a public sidewalk – it would effectively make it illegal to carry a legal substance on your person. No good can come from such harsh regulations. When Coloradoans in Larimer County voted for the legalization of marijuana, they asked for fair and just laws. This new ordinance fails to meet their expectations.