A proposed Denver city ordinance geared towards recreational
marijuana could affect medical marijuana patients who are medicating in
the privacy of their own homes. The ordinance
is being introduced at a committee meeting tomorrow. The ordinance
could end up prohibiting smoking on private property if the odor from
consumption could be detected from a neighboring property. I understand
that people want to ban public use, but anything done with marijuana in
the privacy of one’s home should be perfectly legal (especially
consumption).
Creating such a ban would give so much power to
marijuana opponents that it would be a disaster for patients and
recreational users alike. At any time all a marijuana opponent would
have to do is say that they could smell marijuana and call the cops.
Enforcement would be a nightmare. How much smell would be too much? What
if law enforcement showed up due to a complaint, and the smell was
gone, would they still bust the marijuana user? How do you prove that a
smell existed in the first place, and for that matter, that it was a
smell so strong that it was offensive?
It seems like every scenario would be a judgement call which would
create such a headache for everyone involved. I certainly know if I was
consuming marijuana in the privacy of my own home, or cultivating in the
privacy of my own home, and I was busted for a ‘smell’ I would fight it
in court with everything I had. I would demand to know how they would
prove I was in the wrong, and how it created a measurable harm to the
person complaining......
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