Cyberbullies, homemade hash oil targets of new laws taking effect
Crackdowns on cyberbulling and homemade hash oil are now on the books in Colorado.
The laws are among 19 new statutes that took effect July 1.
Those who are guilty of cyberbulling — harassment through interactive electronic media, such as social media — will now face up to six months behind bars.The law, a result of House Bill 1072, was spawned by a case involving Douglas County teenager Kiana Arrellano, who was harassed and encouraged to commit suicide by online bullies.
Arrellano attempted suicide by hanging but survived. However, the oxygen deprivation she suffered during the attempt caused brain damage and left her a paraplegic.
“At that time, law enforcement didn’t know they could go in and investigate the case and take it to the district attorney,” said state Sen. Linda Newell, D-Littleton, who sponsored the bill in the Senate. “With this, they would be able to do that.”
The law targets both direct and indirect forms of electronic harassment. Those include bullying through online message boards, where harassers often hide behind screen names and might not mention victims by name.
“A person sitting behind a computer and putting something out online, it may not look at first glance like it’s directed at a certain person, Newell said. “Then, through a series of posts, it’s clear who it’s intended for.”
Newell said she hopes the law raises awareness about online bullying, where harassing comments and pictures “can go out there and stay there in perpetuity.”
“This is a real social and cultural issue,” she said. “It’s going to take more than a bill to fix the problem with all the emerging technology around us.”
Meanwhile, House Bill 1305, which also took effect earlier this month, makes it illegal for unlicensed persons to produce marijuana concentrates, such as hash oil.
The law bans the use of explosive gases, including butane, to make homemade hash oil, which is made from concentrated marijuana resin.
State Rep. Mike Foote, D-Lafayette, a bill sponsor, said the legislation was a response to cases involving home explosions resulting from amateur hash oil production.
“There’s been many explosions in dense developments, like apartments and town homes, cases where kids are around,” Foote said. “It’s putting a lot of people at risk.”
Rep. Yeulin Willett, R-Grand Junction, a bill co-sponsor, said through a statement that the new law “will hopefully deter people from putting themselves and others in danger.”
The law creates a Class 2 drug felony, punishable by up to 8 years behind bars. Foote stresses that the law applies only to those who are not licensed to produce marijuana concentrates.
“It’s aimed at the guy who is trying to do this in his basement and garage,” Foote said. “It’s clearly unsafe and highly volatile.”
Foote, a Boulder County prosecutor, is also the co-sponsor of another new law that makes changes to criminal statute.
Senate Bill 5, which was carried in the Senate by John Cooke, a Republican from Greeley, requires a defendant in a first-degree assault case to undergo testing for communicable diseases if his or her bodily fluids comes in contact with a victim, first responder or medical care provider.
Examples of communicable diseases include HIV and hepatitis.
“That’s a huge worry for victims of violent crimes,” Foote said. “The new law can either put their mind at ease or give them a head start on treatment.”
A judge can require a defendant to pay the testing costs, and the results must be reported to the court within 10 days.
The new statute is an expansion of an existing law that requires testing in second- and third-degree assault cases.
— Twitter: @VicVela1

