City of Denver "Limited Social Marijuana Consumption Initiative" (November 2015)
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A measure to allow consumption of marijuana at certain restaurants, bars and businesses was not on the ballot for Denver voters in Denver County, Colorado, on November 3, 2015. Petitioners officially announced the withdrawal of the initiative on September 3, 2015.[1]
If approved, this measure, which was referred to as the Limited Social Marijuana Consumption Initiative, would have allowed the consumption of cannabis in certain restaurants, bars and private businesses. The initiative would have granted exceptions to the city's ban on public marijuana use for adult-only locations, instituting a set of restrictions and regulations.[2]
When petitioners announced the withdrawal of their initiative, Vicente Sederberg LLC, a backer of the campaign, provided the following reasons for the decision:
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... conversations over the past few weeks have convinced campaign leaders that there is a sincere desire on the part of city leaders to address this issue in a collaborative manner. [...] We are optimistic about these discussions, but also know that we can return to the ballot in November 2016 – when the electorate will be far more favorable to our cause – if they do not result in an acceptable outcome.[3] |
” |
| —Vicente Sederberg LLCM[1] | ||
Council Member Albus Brooks, representative of a large portion of downtown Denver, said that the withdrawal of the initiative “ensures we now have the time and ability to include all interested stakeholders to reach consensus on this important issue. I am committed to working on a broadly acceptable solution.”[4]
Text of measure
Ballot question
The following question would have appeared on the Denver ballot:[2]
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Shall the voters of the City and County of Denver adopt a measure permitting the consumption of marijuana by individuals twenty-one years of age or older at certain premises that are not private residential property, provided that individuals under the age of twenty-one are prohibited from entering any space where the consumption of marijuana is allowed, the owner, operator, or individual in control of the premises has authorized the consumption of marijuana, and the individual consuming marijuana neither smokes marijuana indoors in violation of Colorado's Clean Indoor Air Act nor consumes marijuana in a location where the consumption is visible from a nearby public place; permitting the operation of business and commerce involving the consumption of marijuana; permitting the Denver City Council to adopt ordinances that regulate signage, marketing, and advertising for any business that permits the consumption of marijuana; permitting the Denver City Council to regulate the hours of operation and create distance restrictions for any business that permits the consumption of marijuana that does not also hold a license to sell alcohol for onsite consumption; declaring it unlawful to permit marijuana consumption at a premises that is not private residential property unless certain conditions are met; immunizing businesses and property owners from certain licensing sanctions and public nuisance enforcement actions related to the consumption of marijuana, provided the consumption is in accordance with applicable ordinances; and clarifying that owners and residents of adjacent properties may bring private nuisance actions against any business that permits marijuana consumption and that the City of Denver may enforce air quality standards against these businesses?[3] |
” |
Support
Arguments in favor
Mason Tvert, who worked on the campaign to legalize marijuana statewide in 2012, said, “It’s really irrational to allow adults to consume this product but prohibit them from using it in private places that would allow it. [So] we’re proposing a narrow exemption to Denver’s current ban on social cannabis use that would simply allow adults 21 and older to consume marijuana in designated areas and in venues where only adults are allowed.”[5]
Tvert also said, "Voters have told us they want marijuana to be regulated like alcohol. Obviously, if we were to treat marijuana exactly like alcohol, we wouldn't need to go as far as we have. The city doesn't have a problem with adults using alcohol in front of people who are under 21, for example. But we're taking it a step further. Opponents say they're worried about kids seeing adults using marijuana, but they don't need to be, because that won't be allowed."[5]
When the group behind this initiative submitted signatures to the city clerk, Tvert stated, "While petitioning, we found that most voters agree adults should be able to consume marijuana socially in establishments that choose to allow it. By allowing adults to consume marijuana in private businesses, we can reduce the likelihood that they’ll consume it publicly in parks or on the street.”[6]
The owners of Sexpot Comedy, a Denver comedy club, hosted a comedy event to raise funds for the initiative campaign. Kayvan Khalatbari, who co-owns Sexpot Comedy, a dispensary called Denver Relief and Sexy Pizza, also supported the initiative. Khalatbari said, “Sexy Pizza South Pearl would consider allowing cannabis consumption on our patio area behind our restaurant. We want to provide an environment that offers people alternatives so that they don’t feel like drinking is their only social outlet.”[7]
Opposition
Arguments against
Opponents of the initiative argued that allowing consumption at restaurants, bars and lounges outside of people's private residences would increase the instances of driving while under the influence of cannabis.[2]
Editorials
- The Denver Post editorial board wrote an article claiming this initiative "goes too far." The editorial claimed proponents should have tried for an initiative to permit pot-only clubs, instead of trying to allow the possibility of marijuana consumption at any adult-only business. An excerpt of the editorial is below:
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Marijuana advocates in Denver have enjoyed a tremendous amount of public support over the past decade, but they may be pushing their luck with the latest proposal. [...] Pot advocates, however, aren’t pushing for private clubs — which is something that could possibly generate support. They want a more questionable approach, giving any business where only adults are allowed the ability to designate areas for pot use. There would be no further regulation. Neighbors would have no recourse. And what about when such businesses are near schools, child care facilities or drug treatment centers? [...] What they propose, however, could violate the state law against public marijuana consumption, which defines “public” as including private property to which “a substantial number of the public has access.” A ballot initiative at least brings this discussion into the public forum, where it belongs. But we bet Denver residents will see this measure as going too far, and draw the line against such an expansive law.[3] |
” |
| —Editorial board of The Denver Post[8] | ||
Other opinions
State Rep. Dan Pabon (D-4), a representative of Denver, said he wasn't sure the proposed initiative would be compatible with state law. He also said that it would be useful because it "invites a much-needed conversation" about public marijuana use.[9]
State Sen. Pat Steadman (D-31) agreed with initiative proponents in advocating for restaurants and other commercial venues to provide marijuana to customers. But he said he was uncertain the "Limited Social Marijuana Consumption Initiative" contained appropriate regulatory provisions with the proper balance. Steadman said, "First, people are already doing this anyway. It's happening whether we like it or not. It would be best to regulate matters rather than allow the 'wild wild West' situation we have now. I think we should let the free market find solutions, but we have to remove legal barriers before this can happen."[9]
Background
2013 city ordinance
In 2013, the city council considered an ordinance to allow private marijuana clubs. Mayor Michael Hancock made the following statement concerning the ordinance considered by the city council in 2013:
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We remind ourselves that we're still dealing with a federally controlled substance. I don't believe it is wise to open the door even wider for people to move about our public from a private club to their private home while consuming marijuana. And the more we restrict it, to me, the more safe our community will be. There's no reason we need to open up that Pandora's box when the law doesn't speak to it. I propose and advocate for the most restrictive regulatory environment for marijuana and I believe that by allowing for private clubs, it doesn't speak to that value.[3] |
” |
| —Mayor Michael Hancock[2] | ||
Possible conflict with state law
In a memo to the city council concerning this initiative, Assistant City Attorney David W. Broadwell stated that this initiative would have conflicted with state criminal law that prohibited consuming marijuana “openly and publicly.” An excerpt of the memo is below:
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Home rule municipalities generally do not have the authority to “legalize” a behavior that is prohibited by state laws. Thus, even if Denver voters add exceptions to the city ordinance regulating the public consumption of marijuana on non-residential property, this enactment will have no effect on the meaning or the enforceability of the state criminal law on the same subject. The state statute broadly prohibits the consumption of marijuana “openly and publicly.” Although these terms are not specifically defined in the marijuana statute itself, numerous laws define private property that is open to public use—e.g. stores, bars and restaurants, entertainment venues, parking areas, common areas in office and institutional buildings, etc.—as being “public places.” [...] The adoption of the initiated ordinance in Denver will create a serious conflict with state law, and may prompt the General Assembly to address the subject of public consumption of marijuana on a statewide basis as early as the 2016 session.[3] |
” |
| —Assistant City Attorney David W. Broadwell[10] | ||
Polls
Public Polling Policy released a poll of 629 likely Denver voters conducted in mid-June 2015. A question in the survey asked about respondents' positions on this initiative. The results showed a 56 percent majority in favor of allowing marijuana consumption at commercial venues, with 40 percent opposed and 5 percent unsure.[11]
| Denver "Social Marijuana Consumption Initiative" Poll[11] | |||||||||||||||||||
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| Poll | Strongly support | Somewhat support | Strongly oppose | Somewhat oppose | Unsure | Margin of error | Sample size | ||||||||||||
| Public Polling Policy June 12-15, 2015 | 20% | 36% | 31% | 9% | 5% | +/-Unknown | 629 | ||||||||||||
| Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. | |||||||||||||||||||
Path to the ballot
To put this initiative on the ballot for the election on November 3, 2015, petitioners needed to gather and submit 4,726 valid signatures by September 3, 2015. On August 10, 2015, petitioners submitted over 10,700 signatures to the city clerk, who had 25 days to verify the signatures. On September 3, 2015, petitioners announced that they were withdrawing the initiative. They said the decision was made because they hoped the city council would "address this issue in a collaborative manner."[1][12][13]
Related measures
Statewide
Colorado Proposition AA, Taxes on the Sale of Marijuana (2013)
Colorado Marijuana Legalization Initiative, Amendment 64 (2012)
Colorado Marijuana TABOR Refund Measure, Proposition BB (2015)
Local
Denver Retention and Continuation of Marijuana Sales Tax, Measure 2B (November 2015)
Recent news
This section links to a Google news search for the term "Denver + social + marijuana + initiative"
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 The Weed Blog, "Denver Campaign For Limited Social Cannabis Use To Withdraw Initiative," September 3, 2015
- ↑ 2.0 2.1 2.2 2.3 West Word, "LIMITED SOCIAL MARIJUANA CONSUMPTION INITIATIVE: READ TEXT OKAYED BY CITY," July 2, 2015
- ↑ 3.0 3.1 3.2 3.3 3.4 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Cannabist, "Denver social pot use plans are getting overhauled," September 2, 2015
- ↑ 5.0 5.1 Munchies, "Denver Bars and Restaurants May Soon Feature On-Site Marijuana Consumption," June 24, 2015
- ↑ The Weed Blog, "Denver Initiative To Allow Limited Social Marijuana Use To Submit Signatures Today," August 10, 2015
- ↑ The Denver Post, "Comedy show to raise money for Denver pot consumption initiative," July 18, 2015
- ↑ The Denver Post, "Public pot plan is a step too far," June 22, 2015
- ↑ 9.0 9.1 The Huffington Post, "Majority Of Denver Voters Support Marijuana In Bars, Survey Finds," July 9, 2015
- ↑ The Denver Post, "Assistant City Attorney Memo: Explanation of initiated ordinance concerning the open and public consumption of marijuana," accessed August 13, 2015
- ↑ 11.0 11.1 Note: Totals add up to 101 percent because of rounding methods.
- ↑ The Cannabist, "New proposal: Allow more places for pot use in Denver," June 17, 2015
- ↑ The Denver Post, "Backers of Denver initiative allowing marijuana in bars deliver petitions, await ballot certification," August 10, 2015
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