Pubdate: Sat, 02 Feb 2013
Source: Denver Post (CO)
Copyright: 2013 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: John Ingold
Page: 1A

SEEING IF POT'S STREET LEGAL

Greenwood Village's Kicking of Marijuana to the Curb Spurs Debate.

An ordinance passed last month in Greenwood Village is poised to 
become a test case for how far cities can go to keep marijuana out of 
their communities after legalization.

In early January, the Greenwood Village City Council voted to ban 
use, possession and transportation of marijuana on city property. 
That is not so unusual, as numerous cities and counties have 
restricted marijuana after the passage of Amendment 64.

Here's the catch, though: The Greenwood Village ordinance defines 
city property to include all the public streets and sidewalks in the 
city. That makes it illegal even to drive through the city with an 
otherwise legal amount of marijuana in the car.

Because residents can't bring marijuana to their homes, the only way 
legally to possess marijuana in Greenwood Village is to grow it - and 
the City Council is expected to pass an ordinance soon that places 
strict controls on growing at home to address concerns about mold and 
fire hazards.

Greenwood Village City Attorney Tonya Haas Davidson said the ban is 
allowed under the marijuana-legalization law, which says "an entity 
who occupies, owns or controls property" can prohibit marijuana on 
that property.

"We own public property," she said. "So we just wrote the most 
restrictive ordinance we could."

But Brian Vicente, one of the authors of Amendment 64, said that 
interpretation will land Greenwood Village in court. He said streets 
and sidewalks aren't so much government property as public places 
where people should be able to exercise constitutional liberties.

"What they've done is invite inevitable, costly litigation," Vicente 
said. "This is a direct violation of the state constitution."

Amendment 64 legalizes use and possession of up to an ounce of 
marijuana for people 21 and older. It also allows for retail 
marijuana sales, although pot shops won't open for about another 11 months.

Cities can ban marijuana businesses. According to the Colorado 
Municipal League, at least 15 cities, including Greenwood Village, 
have passed ordinances either banning the businesses or placing a 
moratorium on them. Cities can also regulate marijuana through zoning 
restrictions.

But no city in Colorado has gone as far as the Greenwood Village 
ordinance in seeking to keep pot out.

City Council member Leslie Schluter, who sponsored the ordinance, 
said the city's residents did not support Amendment 64 and said their 
government should respect that.

"I think (marijuana) is a major threat to the welfare of especially 
our children," Schluter said during a hearing on the ordinance last 
month. "You can't do this without making it more acceptable to those 
who are under age."

Jerry Presley was one of two council members who voted against the 
ordinance, saying the city shouldn't override the will of the state's voters.

"Any common-sense reading of Amendment 64 would say that the people, 
when they voted for it, did not believe the transport of marijuana on 
city streets should be illegal," said Presley, who didn't support Amendment 64.

The ordinance makes it a municipal violation to possess marijuana on 
city streets, sidewalks, parks, trails and government buildings. Haas 
Davidson, the city attorney, said police will have a light hand in 
enforcing it.

"We're not going to stop people or do traffic checks." she said.
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MAP posted-by: Jay Bergstrom