Proposed Denver ordinance contains rules against visible, smellable smoking of marijuana

DENVER - As Colorado makes progress toward the retail sale of marijuana, the City of Denver is considering an ordinance that would make smoking the drug illegal if it can be seen or even smelled by others.

The text of the proposed ordinance, posted online by our partners at The Denver Post, says, "It shall be unlawful for any person to openly and publicly display or consume one (1) ounce or less of marijuana."

It goes on to define "openly" as being "perceptible through sight or smell to the public."

"Your activities should not pervade others' peace and ability to enjoy," Denver Mayor Michael Hancock told the newspaper. "Marijuana is one of those elements that can be quite pervasive and invasive. I shouldn't have to smell your activities from your backyard."

The ordinance would also specifically prohibit the possession, use and sale of marijuana on the 16th Street Mall. Exceptions to this rule are medical marijuana or any that is purchased from retail marijuana stores that could be located along the mall in the future.

Another section of the ordinance creates limitations on where alcohol can be carried within parks or other recreational areas.

Violations of the proposed rules would carry fines up to $999 or a year in jail.

-- The Denver Post interviewed the ACLU and a city Councilman. Read what they had to say:

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