The use of recreational marijuana is now legal in Colorado but it isn’t as simple as that.
If a proposed ordinance becomes law in Denver, pot smokers could face jail time and fines if smoke drifts 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.
"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.
It appears Denver is demonstrating the same naivety as the state of Colorado did when marijuana was made legal in the state.
The ACLU was quick to blast the proposal, calling it "ill-advised, unnecessary and unconstitutional," contending that 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."
It seems like the proposed law is telling people in Denver that they can smoke marijuana as long as they don’t make any smoke.