That may soon change in Denver.

Back in November, Denver became the first city in the country to allow people to use marijuana at certain restaurants and other venues that want to allow it. That was Proposition 300, and it was approved at the same time eight other states – including California – passed laws to legalize marijuana for either recreational or medicinal purposes. The city measure allows bars and restaurants to apply to allow marijuana to be used by their patrons – so long as the drug isn’t smoked, although there could be some cases in which outside smoking areas could be designated.

Now, the city is working on implementing that provision, and it appears it will extend to places like yoga studios, art galleries and coffee shops. The law doesn’t offer up any guidelines for how marijuana can be consumed other than it can’t be smoked indoors and patrons have to be at least 21-years-old. Additionally, the state’s liquor control board has forbidden any company that has a liquor license from allowing patrons to use marijuana. That means bars would be excluded, as would restaurants that serve alcohol. WYFF4 reported a group of stakeholders – marijuana business owners, city regulators and opponents of legalized marijuana – are all meeting to begin hammering out suggestions of what this new law is going to look like.

There isn’t any deadline for when this new provision has to be implemented.

Proponents of the measure say it’s an important victory not just because it grants people the opportunity to use the drug socially, but because it carves out a respite for those who may have other restrictions and can’t use the drug at their residence. For example, many landlord policies prohibit smoking on their properties. Additionally, marijuana use and possession may be very problematic for those living in public housing. Because the drug is still illegal under federal law, users on those sites could risk jeopardizing their housing.

The only other state that allows any form of public consumption of marijuana is Alaska. But even there, public use of marijuana is limited to cannabis dispensaries.

Meanwhile in California, Proposition 64 gave California’s the right to possess and grow marijuana immediately, but users don’t have the right to light up wherever they please. The ballot measure specifically forbid smoking marijuana in public places – unless it is allowed by local ordinance. So far, no California cities have moved to open that door. On top of that, marijuana can’t be smoked in a place where smoking tobacco is already outlawed. That means no smoking in theaters or restaurants. Additionally, smoking marijuana within 1,000 feet of a daycare or school or youth center while kids are present.

Additionally, there are fines that can be imposed for smoking marijuana while operating a motor vehicle, aircraft or boat.

People who are caught smoking marijuana in public can expect to pay up to $100. If it’s done in a place where tobacco use is outlawed or near a school, the fine increases to $250. If there are minors caught in violation, they face up to four hours of drug education courses, plus 10 hours of community service.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Denver starts work on allowing marijuana in public, a first in US, Jan. 18, 2017, WYFF-4

More Blog Entries:

Prohibiting Teen Access to Marijuana a Top Priority for Politicians, Pot Distributors, Jan. 20, 2017, Riverside Marijuana Lawyer Blog

Now, a new state law that went into effect this months requires all edible marijuana products to come with a diamond-shaped stamp and the clearly-marked letters, “THC.” The letters will be stamped not just on the packaging, but also directly onto the food item. This feature is to go not just on the brownies, but on candy and other edibles. The rule came about after numerous complaints from the public that marijuana candies and edibles looked to similar to those that did not contain the drug.

Colorado is the first state among those that have passed recreational marijuana laws to have passed such a requirement. This new rule mandates a symbol that will be universal for all foods that contain marijuana so that consumers will easily be able to tell just by looking at the packaging – or the food itself – whether it contains the drug. This should also help parents and teachers too. A marijuana-laden cookie being passed around the table at a school cafeteria will be more easily identifiable to someone simply looking at the treat, without having to actually smell or taste it.

This diamond-stamping rule comes in addition to a host of labeling and packaging requirements the state has already laid out, which include:

• Childproof lids
• Childproof zippers
• Warnings to keep products away from children
• Warnings to avoid consuming the foods while driving, nursing or pregnant

The goal, say lawmakers, is to make absolutely sure anyone can quickly tell the difference between a plain browning and a pot brownie.

The state has not released any figures that would indicate unintentional consumption of marijuana among children – or even adults – is a problem. However, a study conducted earlier this year that tracked the number of Children’s Hospital Colorado in Denver admissions found treatment of children for accidental ingestion of marijuana leaped to 2.3 kids per 100,000 population two years after legalization. Two years before legalization, that figure was 1.2 per 100,000.

Still, the hospital data seems to indicate accidental ingestion of marijuana is pretty rare. Between 2009 and 2015, the facility reports 81 children were treated for accidentally consuming marijuana. In approximately one-third of those cases, poor product storage and/or child supervision was cited.

This new law was passed more than 12 months ago, but there were a number of difficulties in actually implementing it, which meant it took time to actually finalize. Still, Colorado is ahead of the curve, as no other states that allow recreational marijuana have a requirement to mark the actual product, not just the packaging.

From a marijuana lawyer viewpoint, it may actually be a smart move for makers of cannabis edibles to start taking this initiative on their own, strictly for liability purposes. Product liability lawsuits often hinge on a manufacturer/ distributor’s failure to warn customers of possible hazards when using/ consuming the product. By indicating clearly on the package and the product that psychoactive ingredients are contained within, product makers can help to insulate themselves from potential injury lawsuits.

The Los Angeles CANNABIS LAW Group represents growers, dispensaries, collectives, patients and those facing marijuana charges. Call us at 949-375-4734.

Additional Resources:

Colorado gives marijuana edibles a new look to avoid confusion, Sept. 30, 2016, Associated Press

More Blog Entries:

Los Angeles Medical Cannabis Candy Makers Speaks to Parents about Concerns, Oct. 12, 2016, Denver Marijuana Attorney Blog