• Similar to existing city laws that already limit alcohol possession in city parks, this ordinance will explicitly make it unlawful to possess, consume, use, display, transfer, distribute, sell, transport, or grow marijuana within any park, mountain park, parkway or recreational facility. That prohibition will also apply to the 16th Street Mall.Silverstein, who attended and spoke at yesterday's meeting during a public-comments section, offers an even more succinct synopsis of the proposal: "Oh, that thing is crazy." In his remarks to the committee, Silverstein says he essentially offered a "rebuttal to the presentation made by Assistant City Attorney Broadwell, who was explaining the legal rationale. And in my opinion, even if the proposed ordinance were judged to be consistent with Amendment 64, which I don't think it is, it's still a very, very bad idea -- a tremendous overreach that will inevitably result in unnecessary police and community confrontations."
• While it has previously been unlawful to openly or publicly consume one ounce or less of marijuana, this ordinance clearly defines "openly " as occurring in a manner that is obvious through sight or smell to the public.
• The ordinance also clearly defines publicly to mean occurring or existing in a public place or in a location where members of the public can observe or perceive through sight or smell, including in vehicles.
• The ordinance repeals language enacted following a 2007 ballot measure that calls for arrest and prosecution for possession of marijuana to be the lowest law enforcement priority. Because Amendment 64 made possession of 1 ounce of marijuana or less legal for anyone 21 and over, this language is no longer necessary.
• The ordinance will allow the city to prohibit "pot giveaways" in city parks.
As Silverstein notes, "Amendment 64 says it shall not be an offense anywhere in Colorado to possess, use, display or consume marijuana. But this ordinance recriminalizes the mere possession of marijuana in any park, in any parkway and anywhere on the 16th Street Mall. That means if you have a small amount in your pocket, you would once again be committing a crime under this proposed ordinance if you walked in any of those places," whether anyone saw the cannabis or not.
Continue for more about the sniff-test proposal, including the current draft and more.