cannabisnews.com: Denver Mulls Outlawing Drifting Marijuana Smoke
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Denver Mulls Outlawing Drifting Marijuana Smoke
Posted by CN Staff on October 11, 2013 at 17:15:01 PT
By Keith Coffman
Source: Reuters
Reuters -- The use of recreational marijuana is now legal in Colorado, but if a proposed ordinance becomes law 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 was quick to blast the proposal, calling it "ill-advised, unnecessary and unconstitutional."Mark Silverstein, the ACLU's legal director in Colorado, said 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."This proposed ordinance clearly communicates what our residents and visitors are and are not allowed to do in public," Hancock said in a statement. "It also ensures that our public spaces remain enjoyable for residents, families and tourists."The proposal will be debated next week before a Denver City Council committee tasked with implementing new pot laws.Reporting by Keith Coffman; Editing by Dan Whitcomb and Eric BeechSource: Reuters (Wire)Author:  Keith CoffmanPublished: October 10, 2013Copyright: 2013 Thomson ReutersCannabisNews  -- Cannabis Archiveshttp://cannabisnews.com/news/list/cannabis.shtml 
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Comment #3 posted by museman on October 11, 2013 at 21:12:32 PT
and this is called
"Milking the cow."The question is: "Who's Mooing?"
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Comment #2 posted by JohnOBonno on October 11, 2013 at 21:02:49 PT:
What is needed in order to nullify this ordnance
is for 10,000 tokers to gather in a public place and test their resolve on the issue of public nuisance toking. 
I'm sure there's not enough police to write that many tickets at once. You have to own your rights, or you have none.
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Comment #1 posted by HempWorld on October 11, 2013 at 17:20:38 PT
Patently Ridiculous!
Another make-work program, cannabis/marijuana smoke sniffers and ticketers.Get real! Go to Amsterdam!Good luck enforcing this one, we've already seen that it is un-enforceable! Keep dreaming of schemes to punish the users of medicinal herb.
Pot Farm
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