CO: Lawmakers Fail To Clear Smoke (Cough) On Outdoor Pot Use

Ron Strider

Well-Known Member
They probably should have known better. Colorado lawmakers were supposed to fan the smoke away this year and make easy-to-follow rules on where people could smoke marijuana in public. After all, the state has been a pioneer in legalizing pot, but residents and tourists have both stumbled over the fact that -- with some exceptions -- it is basically illegal to use marijuana outdoors and in public.

Both Democrats and Republicans in the Legislature have accepted the fact that Colorado voters have said they want marijuana to be legal, so lawmakers have tried to agree on some common policies, but that broke down this year.

While some wanted few rules at all, others were afraid of legalizing pot parties everywhere -- leaving a haze of marijuana smoke over the state like a rock concert. At one point, all parties agreed that a homeowner or renter could have up to five people smoking pot in the yard -- an arbitrary number that caused much humor. For no good reason, five smokers were okay but six too many.

Even so, lawmakers couldn't get a final agreement before the session expired in May.

"They got the ball to the one-yard line but couldn't punch it in for a touchdown," is how one exasperated lobbyist described the legislative struggle.

Which might seem like a Cheech & Chong movie plot, but for local law enforcement, the failure means more indecision over what will be allowed.

"It isn't a big problem and most people understand the rules, but generally we don't write tickets for people smoking pot unless there is some other crime occurring as well," said Pueblo County Undersheriff J.R. Hall.

Last year, the county deputies wrote only a handful of tickets solely for smoking pot in public.

The Pueblo Police Department was busier on that subject. Deputy Chief Troy Davenport reported that city cops wrote 164 tickets for the public use of marijuana last year.

Here are the current rules for using pot in the city:

People can use pot indoors in their own homes or apartments.

City Council decided in 2014 that homeowners and renters could smoke pot in their own yards also, but not within 25 feet of the public-right-of-way, which is the strip of land next to the curb and street. Essentially, the ordinance lets people smoke on their front porches and in their backyards.

The rule in Pueblo County, which mirrors state law:

People can use marijuana in their homes and apartments, but outdoor or public use is not allowed.

No one should be surprised that some pot entrepreneurs have been pushing the edge of the law.

Denver voters agreed in November to allow outdoor smoking at taverns and restaurants that get permission from their neighbors -- but OUTDOOR smoking only. No puffing inside while watching the ballgame.

There are also "membership clubs" in Denver and Colorado Springs, where people buy a membership to smoke pot with other members. Legal? That's not completely clear, as some of the clubs have been raided by law enforcement.

There has been some discussion by Pueblo city council members about whether marijuana clubs will eventually be licensed in the city, but that's only been conversation.

State lawmakers were considering a bill this year to legalize pot clubs and seemed ready to approve it when Gov. John Hickenlooper stepped in like a buzz-killing parent.

He warned lawmakers that this wasn't the best time to be attracting attention from the new anti-pot Justice Department under the leadership of Attorney General Jeff Sessions, who has famously said that "good people" don't use marijuana

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News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Lawmakers fail to clear smoke (cough) on outdoor pot use | Pueblo Chieftain
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