Initial opinion polls have already been conducted and plans are being made by both sides in Denver, where voters will decide if they want to allow adults to use marijuana socially in regulated consumption spaces.

The Denver Elections Division found backers of the measure, called the Neighborhood-Supported Cannabis Consumption Pilot Program, had submitted more than enough qualified petition signatures to place the measure on the Nov. 8 general election ballot.

Kayvan S.T. Khalatbari, the lead proponent of the initiative with Denver’s Neighborhood-Supported Cannabis Consumption Committee, said his group has received polling results, but had not had a chance to review the numbers. However,  Khalatbari said he is encouraged, based on Denver’s history of approving marijuana-related ballot issues. That includes a nearly 2-1 margin in favor of Amendment 64 in 2012, the statewide measure that legalized private recreational use of small amounts of marijuana by adults.

“We would hope we can ride some of that momentum,” Khalatbari said. “But it’s also possible that Denver’s demographics have changed with all the growth, so we know we’ll have to do a lot to get the word out” about what the measure – still awaiting a ballot number from Denver elections officials – would do and not do, if approved.

Khalatbari said if this year’s issue was a legalization question, “We might have enough traction to get voters to understand it. But there’s a lot of misinformation out there, especially since the NORML (National Organization for the Reform of Marijuana Laws) initiative was denied placement on the ballot just a few days earlier.”

Khalatbari referred to a proposal to allow private marijuana clubs, which Denver election officials said did not submit enough valid signatures to make the ballot.

Organized opposition to this year’s measure may be forming, according to Henny Lasley, co-founder and executive director of Smart Colorado. The nonprofit, nonpartisan group formed after the 2012 passage of Amendment 64, with a top goal of protecting youth from getting and using marijuana.

“First and foremost, Denver is again the epicenter of marijuana commercialization, and this would just add another layer,” Lasley said. “It’s another opportunity to normalize marijuana use in public.”

Smart Colorado has not yet decided to become an organized opposition group to the measure, Lasley said, but added the group was considering their level of involvement.

“We do have a lot of grassroots information to help educate Denver residents and we know there are other groups with similar concerns,” Lasley added. “We have a pretty active network in Denver.”

In an email, Sara Crocker, communications manager for the Denver Metro Chamber of Commerce, said the business organization had not taken a position on the ballot measure.

Permits, neighborhood support needed

If approved by voters, the initiative would allow a business or individual to apply for a city permit to allow marijuana consumption in a designated area on their property, which would be limited to adults 21 and older and subject to regulations enforced by city regulatory agencies, including law enforcement, fire and health officials. Permit applications must also be backed by a neighborhood group, such as a city-registered neighborhood organization or business improvement district.

Consumption spaces must comply with the Colorado Clean Indoor Air Act and prevent exposure to secondhand smoke, cannot be within 1,000 feet of a school, and cannot be visible from a public right of way or anywhere children congregate.

Consumption area staff must complete training, refrain from consuming any intoxicants in the workplace, strictly observe safety and security measures, and follow protocols for preventing public intoxication, problematic behavior and underage use, similar to bars and restaurants that allow alcohol consumption.

The Denver City Council would create a task force to study and report on the program’s impact, which would expire at the end of 2020, if the city has not approved comprehensive marijuana consumption regulations before the pilot program expires.

Plans and claims

Khalatbari said his group had raised more than $30,000 to campaign for the measure and garnered support and endorsements from more than 150 Denver businesses. He hoped the group would see that number climb to 500 as the election nears.

Campaign efforts will likely include speaking at forums, meeting with voter groups and making sure voters are educated about the measure, he added.

The measure is similar to one proposed but withdrawn last year, Khalatbari said, with the main difference being the pilot program aspect. That and other changes resulted after meetings with the city, businesses, the office of Denver Mayor Michael Hancock and others, he added.

Another concern Lasley said Smart Colorado has is that the measure “will be sold as a way to help solve the 16th Street Mall problems. We think it will just bring those problems to every street corner in the city.”

Lasley referred to recent violent incidents on the mall, which some attributed – at least in part – to the open use of marijuana and other drugs by young adults who frequent the mall.

Lasley said Smart Colorado also believes Denver’s ballot measure is in direct conflict with Amendment 64’s ban on open and public use of marijuana, “So if it’s done in places like bars and restaurants, it’s in direct conflict.”

– mike@coloradostatesman.com