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Smoking Legal Weed On Your Front Porch Poised To Become Illegal In Denver

Smoking Legal Weed On Your Front Porch Poised To Become Illegal In Denver
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By 

Former Senior Reporter, HuffPost

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BOULDER, CO - APRIL 20: Young men smoke a marijuana cigarette during a 'smoke out' with thousands of others April 20, 2010 at the University of Colorado in Boulder, Colorado. April 20th has become a de facto holiday for marijuana advocates, with large gatherings and 'smoke outs' in many parts of the United States. Colorado, one of 14 states to allow use of medical marijuana, has experienced an explosion in marijuana dispensaries, trade shows and related businesses in the last year as marijuana use becomes more mainstream here. (Photo by Chris Hondros/Getty Images)

The Denver City Council gave initial approval to a new controversial city ordinance that would effectively ban smoking pot on private property if it happens in public view, including front porches, yards and balconies.

Council members voted 7-5 in favor of the ban on first read Monday, but must vote one more time next week for it to become law.

Suvi Miller is one of the ordinance's supporters.

"The council has an obligation to protect the health and welfare of the citizens of Denver," she told 9News. "This is not a property issue; it's a public health issue."

Even if it passes, Denver Police Chief Robert White told the Denver Post that enforcement of the ordinance would be the lowest priority. If a complaint was called in about a person smoking pot in public view on their private property and the person was finished by the time the police arrived, "that would be the end of our action," White said.

For weeks the Denver City Council has been trying to come up with an ordinance that defines "open" and "public" consumption of marijuana in Mile High City after an overreaching first draft of the law called for the smell of marijuana, or even just the sight of someone smoking marijuana, to be illegal if it can be smelled or seen by others.

The latest draft states that "it shall be unlawful for any person to openly and publicly consume one ounce or less of marijuana." The ordinance explicitly defines the terms "openly" and "publicly":

The term "openly" means occurring or existing in a manner that is unconcealed, undisguised, or obvious.

The term "publicly" means (a) occurring or existing in a public place; or (b) occurring or existing in any outdoor location where the consumption of marijuana is clearly observable from a public place.

The term "public place" means a place to which the public or a substantial number of the public have access, and includes but is not limited to streets and highways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas of public and private buildings or facilities.

But opponents of this latest version of the ordinance say it still goes too far because it's dictating what people can and can't do on their own private property.

"When 66 percent of Denver voters approved Amendment 64, they expected marijuana would be treated like alcohol," said Mason Tvert, communications director for Marijuana Policy Project and key backer of Colorado's marijuana legalizing A64, to The Huffington Post. "Yet some council members are continuing to look for any way possible to defy their will."

"The council members who supported this absurd measure should explain why they believe it is okay for adults to drink alcohol and smoke cigarettes outside on their private property, yet needs to be illegal for them to consume a far less harmful substance in the same areas," Tvert added.

Tvert also said the the ordinance appears to be unconstitutional and will likely result in a costly lawsuit for the city if it passes during final voting next week.

"I hope every supporter on the council is absolutely certain that it is worth the risk," he said.

Looks like the Nasal Ranger smelloscope is going to be busy in 2014.

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Before You Go

27 Reasons Why The U.S. Shouldn't Lead The War On Drugs
Because Most Americans Are Unenthusiastic About It(01 of27)
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Only 7 percent of Americans think the United States is winning the war on drugs, and few Americans are interested in throwing down more money to try to win, according to a Rasmussen Reports poll released in 2012. (credit:(Photo by Spencer Platt/Getty Images))
Because The U.S. Won't Control The Flow Of Guns Into Latin America(02 of27)
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Mexican authorities seized almost 70,000 weapons of U.S. origin from 2007 to 2011. In 2004, the U.S. Congress declined to renew a 10-year ban on the sale of assault weapons. They quickly became the guns of choice for Mexican drug cartels. Some 60,000 people have died in Mexico since President Felipe Calderón launched a military assault on the cartels in 2006. (credit:AP)
Because The United States Leads The Hemisphere In Drug Consumption(03 of27)
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Americans have the highest rate of illegal drug consumption in the world, according to the National Survey on Drug Use and Health. (credit:AP)
Because The U.S. Ignores Latin American Calls For A Rethinking Of Drug Policy(04 of27)
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Several current and former Latin American presidents, like Fernando Henrique Cardoso, have urged the United States to rethink its failed war on drugs, to no avail. (credit:Getty Images / Fernando Henrique Cardoso, former president of Brazil and chair of The Global Commission on Drug Policy, speaks at a press conference June 2, 2011 in New York City to launch a new report that describes the drug war as a failure and calls fo)
Because Of The Fast And Furious Scandal(05 of27)
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In an attempt to track guns as they moved across the U.S.-Mexico border, the Bureau of Alcohol, Tobacco and Firearms allowed smugglers to purchase weapons. The ATF lost track of the guns and they wound up in the hands of drug cartels -- even as far south as Colombia. (credit:AP)
Because American Politicians Refuse To Candidly Lead A Debate On Reforming Our Laws(06 of27)
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Though the subject of marijuana legalization regularly ranks among the most popular at the digital town halls President Obama takes part in, he declines to address the issue or give it a thoughtful answer. Incidentally, a younger Obama supported marijuana decriminalization and a rethinking of the drug war. (credit:AP)
Because The U.S. Tortures Detainees In Cuba(07 of27)
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Almost 800 prisoners accused of terrorism have have been held at the U.S. military prison of Guantánamo, Cuba, where they are detained indefinitely without facing trial. The United States has drawn international criticism from human rights defenders for subjecting the detainees there to torture and other cruel treatment. The Cuban government opposes hosting the U.S. naval base on its soil. (credit:AP - In this Oct. 9, 2007 file photo US military personnel inspect each occupied cell on a two-minute cycle at Camp 5 maximum-security facility on Guantanamo Bay U.S. Naval Base in Cuba. )
Because The U.S. Has The World's Largest Prison Population(08 of27)
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The United States has the world's largest prison population by far -- largely fed by the war on drugs -- at 500 per 100,000 people. (credit:AP)
Because The U.S. Jails Undocumented Immigrants Guilty Of Civil Violations(09 of27)
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Because the United States imprisons roughly 400,000 immigrants each year on civil violations. (credit:AP)
Because The Border Patrol Kills Kids Who Throw Rocks(10 of27)
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The U.S. Border Patrol has come under fire for killing minors who were throwing rocks. (credit:AP)
Because The U.S. Recognized An Illegal Government In Venezuela(11 of27)
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When opponents of leftwing Venezuelan President Hugo Chávez briefly ousted him in 2002, the United States not only failed to condemn the coup, it praised the coup leaders. (credit:AP)
Because U.S. Extradition Undermines Justice In Colombia (12 of27)
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When Colombia demobilized the largest rightwing paramilitary organization in 2006, if offered lenient sentences to those who would offer details on the atrocities the AUC committed. But rather than facing justice in their home country, Colombia has extradited several paramilitary leaders to the United States to face drug trafficking charges -- marking it harder for people like Bela Henríquez to find out the details surrounding the murders of their loved ones. "More than anger, I feel powerless," Henriquez, whose father, Julio, was kidnapped and killed on the orders of one defendant, told ProPublica. "We don't know what they are negotiating, what conditions they are living under. What guarantee of justice do we have?" (credit:Getty Images / Paramilitary heads are escorted by Colombian policemen from the maximum security jail of Itagui, Antioquia department, Colombia to Rionegro airport, 400km northeast of Bogota before their extradition to the US on May 13, 2008.)
Because The U.S. Helped Create Today's Cartels(13 of27)
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The U.S funded the Guatemalan military during the 1960s and 1970s anti-insurgency war, despite awareness of widespread human rights violations. Among the recipients of U.S military funding and training were the Kaibiles, a special force unit responsible for several massacres. Former Kaibiles have joined the ranks of the Zetas drug cartel. (credit:Getty Images)
Because The U.S. Backed An Argentine Military Dictatorship That Killed 30,000 People(14 of27)
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The rightwing military dictatorship that took over Argentina in 1976 "disappeared" some 30,000 people, according to estimates by several human rights organizations. They subjected countless others to sadistic forms of torture and stole dozens of babies from mothers they jailed and murdered. The military junta carried out the so-called "Dirty War" with the full knowledge and support of the Nixon administration. (credit:AP / Former Argentina's dictators Jorge Rafael Videla, left, and Reynaldo Bignone wait to listen the verdict of Argentina's historic stolen babies trial in Buenos Aires, Argentina, Thursday, July 5, 2012. )
Because The U.S. Helped Topple The Democratically Elected Government Of Salvador Allende(15 of27)
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When it became clear that socialist Salvador Allende would likely win the presidency in Chile, U.S. President Richard Nixon told the CIA to "make the economy scream" in order to "prevent Allende from coming to power or to unseat him," according to the National Security Archive. Augusto Pinochet overthrew Allende in a bloody coup on Sept. 11, 1973, torturing and disappearing thousands of his political rivals with the backing of the U.S. government. (credit:<a href="http://www.flickr.com/" role="link" class=" js-entry-link cet-external-link" data-vars-item-name="Flickr" data-vars-item-type="text" data-vars-unit-name="5bb8accde4b0877500f58073" data-vars-unit-type="buzz_body" data-vars-target-content-id="http://www.flickr.com/" data-vars-target-content-type="url" data-vars-type="web_external_link" data-vars-subunit-name="before_you_go_slideshow" data-vars-subunit-type="component" data-vars-position-in-subunit="13" data-vars-position-in-unit="20">Flickr</a>:<a href="http://www.flickr.com/photos/36536537@N04/7976450360" role="link" class=" js-entry-link cet-external-link" data-vars-item-name="&#x25B2;DulCeCAriTo&#x25B2;" data-vars-item-type="text" data-vars-unit-name="5bb8accde4b0877500f58073" data-vars-unit-type="buzz_body" data-vars-target-content-id="http://www.flickr.com/photos/36536537@N04/7976450360" data-vars-target-content-type="url" data-vars-type="web_external_link" data-vars-subunit-name="before_you_go_slideshow" data-vars-subunit-type="component" data-vars-position-in-subunit="14" data-vars-position-in-unit="21">▲DulCeCAriTo▲</a>)
Because the U.S. Backed A Military Coup In Brazil In 1964(16 of27)
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The Brazilian military overthrew the democratically elected government of João Goulart in 1964, with the enthusiastic support of President Lyndon Johnson, ushering in two decades of repressive government. (credit:AP)
Because The U.S. Funded A Terrorist Group In Nicaragua(17 of27)
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The Reagan administration funded the Contra rebels against the Marxist Sandinista government in Nicaragua. Regarded by many as terrorists, the Contras murdered, tortured and raped civilians. When human rights organizations reported on the crimes, the Reagan administration accused them of working on behalf of the Sandinistas. (credit:AP)
Because The U.S. Helped Finance Atrocities In Colombia(18 of27)
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Through Plan Colombia, the U.S. has pumped over $6 billion into Colombia's military and intelligence service since 2002. The intelligence service has been disbanded for spying on the Supreme Court and carrying out smear campaigns against the justices, as well as journalists, members of Congress and human rights activists. The military faces numerous allegations of human rights abuse, including the practice of killing non-combatants from poor neighborhoods and dressing them up as guerrillas to inflate enemy casualty statistics. (credit:Getty Images / People demonstrate by covering themselves with sheets pretending they are false positive victims, during a protest against the false positives, massacres and forced disappearences by Colombian authorities on March 6, 2009, in Bogota.)
Because The U.S. Maintains A Trade Embargo Against Cuba Despite Opposition From The Entire World(19 of27)
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For 21 years, the U.N. has condemned the U.S. embargo against Cuba and for 21 years the United States has ignored it. Some 188 nations voted against the embargo this year, with only the U.S. itself, Israel, Palau opposing. (credit:Getty Images / A street market sells necklaces and bracelets in Old Havana on November 12, 2012 in Havana, Cuba. )
Because The U.S. Engineered A Coup Against The Democratically Elected Government Of Guatemala In 1954(20 of27)
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At the behest of United Fruit Company, a U.S. corporation with extensive holdings in Central America, the CIA helped engineer the overthrow of the Guatemalan government in 1954, ushering in decades of civil war that resulted in the loss of hundreds of thousands of lives. (credit:Getty Images / Politics, Guatemala/ Coups, pic: 28th June 1954, Colonel Carlos Castillo Armas, right, (1914-1957) pictured when the rebel leader was leader of the forces that were to overthrow the Guatemalan President Arbenz in a military coup, The Guatem)
Because The U.S. Backed The Salvadoran Military As It Committed Atrocities In The 1980s(21 of27)
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El Salvador's military committed atrocities throughout the 1980s with U.S. funding. (credit:AP / n this July 1989 file photo, from left, Col. Rene Emilio Ponce, formerly the head of the Salvadoran Armed Forces joint chiefs of staff, Rafael Humberto Larios, formerly El Salvador's defense minister, Col. Inocente Orlando Montano, formerly public sa)
Because The U.S. Invaded Haiti and Occupied It For Almost 20 Years(22 of27)
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Woodrow Wilson ordered the Marines to invade and occupy Haiti in 1915 after the assassination of the Haitian president. The troops didn't leave until 1934. (credit:AP / Stenio Vincent)
Because The U.S. Invaded Haiti Again In 1994(23 of27)
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One invasion wasn't good enough. The U.S. military returned in 1994. (credit:AP)
Because The U.S. Trained Military Leaders Who Committed Atrocities In Latin America(24 of27)
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The School of the Americas in Ft. Benning, Georgia, trained soldiers and generals responsible for massacres and torture of tens of thousands of Latin Americans, according to Al Jazeera. (credit:<a href="http://www.flickr.com/" role="link" class=" js-entry-link cet-external-link" data-vars-item-name="Flickr" data-vars-item-type="text" data-vars-unit-name="5bb8accde4b0877500f58073" data-vars-unit-type="buzz_body" data-vars-target-content-id="http://www.flickr.com/" data-vars-target-content-type="url" data-vars-type="web_external_link" data-vars-subunit-name="before_you_go_slideshow" data-vars-subunit-type="component" data-vars-position-in-subunit="3" data-vars-position-in-unit="10">Flickr</a>:<a href="http://www.flickr.com/photos/84685738@N05/7910188768" role="link" class=" js-entry-link cet-external-link" data-vars-item-name="Caravan4Peace" data-vars-item-type="text" data-vars-unit-name="5bb8accde4b0877500f58073" data-vars-unit-type="buzz_body" data-vars-target-content-id="http://www.flickr.com/photos/84685738@N05/7910188768" data-vars-target-content-type="url" data-vars-type="web_external_link" data-vars-subunit-name="before_you_go_slideshow" data-vars-subunit-type="component" data-vars-position-in-subunit="4" data-vars-position-in-unit="11">Caravan4Peace</a>)
Because The U.S. Backed Dictator Rafael Trujillo(25 of27)
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Rafael Trujillo Sr. (Photo by Hank Walker//Time Life Pictures/Getty Images) (credit:Getty Images)
Because The U.S. Invaded Cuba And Undermined The Island's Independence(26 of27)
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The so-called "Spanish-American War" began in 1868 with the first of a series of three wars for Cuban independence. In 1898, the U.S. got involved, invading Cuba and occupying the island after forcing Spain to give it. The United States then forced Cuba to accept the odious Platt Amendent to its Constitution, which allowed the United States to intervene in the country militarily and established the U.S. military base at Guantánamo. (credit:AP)
Because The U.S. Colonized Puerto Rico(27 of27)
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As long as you're invading Cuba, why not take Puerto Rico as well? The United States invaded in 1898 and the island remains a U.S. territory today. (credit:AP)
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