Consuming marijuana and alcohol at the same time while at a Denver restaurant or bar will make those establishments too risky for insurers, the Colorado Restaurant Association believes, so the organization is opposed to the Denver Neighborhood-Supported Cannabis Consumption initiative on the Nov. 8 general election ballot.

The measure, Proposition 300 on the City and County of Denver ballot, would establish the City of Denver Cannabis Consumption Pilot Program: safe, supervised consumption spaces where adult marijuana consumers could have access to traditional social environments without being segregated from mainstream society. Locations would have to be approved by a registered neighborhood organization or business improvement district and meet other requirements.

Sonia Riggs, president and CEO of the restaurant association, said the group has been concerned for more than a year that the measure would lead to dual consumption of alcohol and marijuana.

“We believe ingesting both products at the same time intensifies the effects and poses a risk of a business losing its license” if someone in that circumstance is involved in an automobile accident, Riggs said.

The group also worries business insurance companies will back away and not cover establishments that have a liquor license and allows customers to ingest marijuana, she added.

Nick Hoover, governmental affairs coordinator for the Mile High chapter of the association, said the local chapter also voted to oppose the measure for the same reasons.

“We’re also nervous about someone who had a drink sitting on a patio at a restaurant decides he wants to smoke marijuana because he heard this initiative allowed it,” Hoover said. “Are they then too intoxicated to be served? I think we’re going to see a lot more sting operations, too.”

Hoover said the measure will lead to confusion among customers of Denver restaurants who think they can ingest marijuana while they have a drink at dinner.

“It’s a perception issue that we’ve already seen about where people can and can’t consume marijuana,” he added. “Our members worry they’ll get into arguments with customers when they tell them they can’t consume marijuana. It’s going to force a lot of arguments.”

A broader concern is the effect passage of the measure could have on alcohol service and current protections against frivolous lawsuits, Hoover said.

“Things will be a lot more difficult to litigate when marijuana has been consumed,” he added.

Riggs noted the restaurant association opposed Amendment 64, the 2012 Colorado constitutional amendment that legalized the use of small amounts of marijuana by adults.

“I know proponents say they should be able to enjoy marijuana when they have a glass of wine,” she said. “We just think it’s too risky for the businesses that already serve alcohol and would have to deal with this.”

A spokesman for the group behind the measure, Denver’s Neighborhood-Supported Cannabis Consumption Committee, could not be reached for comment Tuesday.

The measure would allow a business or person to apply for a permit to allow marijuana consumption in a designated area on their property, limited to adults 21 and older and subject to regulations enforced by the Department of Excise and Licenses and law enforcement, fire, and health officials.

These 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, visible from a public right-of-way or anywhere children congregate.

Staff must complete training, not consume any intoxicants in the workplace, strictly observe safety and security measures, follow protocols for preventing public intoxication, problematic behavior, and underage use, similar to establishments that allow alcohol consumption.

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