{"id":7022,"date":"2016-12-04T07:20:13","date_gmt":"2016-12-04T07:20:13","guid":{"rendered":"http:\/\/www.denverpost.com\/?p=2236899"},"modified":"2016-12-04T07:20:13","modified_gmt":"2016-12-04T07:20:13","slug":"how-soon-could-denver-businesses-open-the-first-social-marijuana-use-areas-its-still-not-clear","status":"publish","type":"post","link":"https:\/\/cannitrol.com\/blog\/how-soon-could-denver-businesses-open-the-first-social-marijuana-use-areas-its-still-not-clear\/","title":{"rendered":"How soon could Denver businesses open the first social marijuana use areas? It\u2019s still not clear."},"content":{"rendered":"<div id=\"wp_fb_like_button\" style=\"margin:5px 0 5px 5px;float:right;height:100px;\"><script src=\"http:\/\/connect.facebook.net\/en_US\/all.js#xfbml=1\"><\/script><fb:like href=\"https:\/\/cannitrol.com\/blog\/how-soon-could-denver-businesses-open-the-first-social-marijuana-use-areas-its-still-not-clear\/\" send=\"true\" layout=\"standard\" width=\"450\" show_faces=\"false\" font=\"arial\" action=\"like\" colorscheme=\"light\"><\/fb:like><\/div><p>For Mutiny Information Cafe on Denver\u2019s South Broadway strip, the city\u2019s <a href=\"http:\/\/www.denverpost.com\/2016\/11\/14\/denver-social-marijuana-use-measure-wide-lead-updated-results\/\">recently passed social marijuana use voter initiative<\/a> could allow for once-a-month Saturday night gatherings that mix vaping, edibles and dancing.<\/p>\n<p>Other businesses\u00a0are considering the possibilities opened up by the successful ballot measure, ranging from one-off events to allowing pot consumption areas on-site daily. The owner of a yoga and spinning studio on East Colfax is mulling the idea of occasional special events that might couple marijuana with meditation or Thai massage.<\/p>\n<p>But before The Rhythm Revolution\u2019s Jasmine Anderson decides whether to even seek a new marijuana consumption permit, she \u2014 like others whose interest is piqued \u2014 wants to see more details about how it will\u00a0work.<\/p>\n<p>That is the biggest question surrounding <a href=\"http:\/\/www.denverpost.com\/2016\/11\/08\/initiative-300-denver-social-cannabis-use\/\">Initiative 300<\/a>, which 53.6 percent of Denver voters approved Nov. 8. The\u00a0city\u2019s Department of Excise and Licenses has only begun sorting through a multitude of issues\u00a0\u2014 from legal to regulatory to pragmatic \u2014 that will determine what the first-of-its-kind marijuana social use permit program looks\u00a0like.<\/p>\n<figure id=\"attachment_2241043\" class=\"wp-caption aligncenter size-article_inline\"><img width=\"5478\" alt=\"Payton Walsh, 8, looks through a book with her sister, Taylor Walsh, 18, at Mutiny Information Cafe on December 2, 2016, in Denver, Colorado. Mutiny Information Cafe owners Jim Norris and Matt Megyesi intend to apply for a social marijuana use permit once the city's Department of Excise and Licenses works out the particulars of how to implement Initiative 300. \" class=\"lazyload \" \/><figcaption class=\"wp-caption-text\">\n<p>Anya Semenoff, Special to The Denver Post<\/p>\n<p>Payton Walsh, 8, looks through a book with her sister, Taylor Walsh, 18, at Mutiny Information Cafe on December 2, 2016, in Denver, Colorado. Mutiny Information Cafe owners Jim Norris and Matt Megyesi intend to apply for a social marijuana use permit once the city\u2019s Department of Excise and Licenses works out the particulars of how to implement Initiative 300.<\/figcaption><\/figure>\n<p>\u201cI\u00a0think it\u2019s pretty innovative,\u201d University of Denver law professor Sam Kamin said about Initiative 300. To him, that fits in with other ways Denver and the state have plowed new ground nationally. \u201cColorado has innovated in this area since the beginning, because we were the first that took both medical and recreational licensing seriously.\u201d<\/p>\n<p>The city plans to make permit applications available by Jan. 20. That would meet\u00a0a Jan. 21 deadline required by the initiative, or\u00a060 days after the election\u2019s certification.<\/p>\n<p>But the\u00a0city faces no other firm deadlines. So it remains up in the air how soon a business might open the city\u2019s first consumption area or host\u00a0the first open-to-the-public event to make use of a\u00a0new permit.<\/p>\n<p>Licensing spokesman Dan Rowland said Friday that a\u00a0\u201cflexible\u201d city timeline called for\u00a0finalizing the rules and regulations and beginning to accept applications in summer 2017.<\/p>\n<p>The\u00a0voter-forced change was sold by its backers as a way to provide places to use marijuana for tourists and some residents who can\u2019t smoke or vape at home, as well as people who want to do it socially.<\/p>\n<aside class=\"related right\" \/>\n<p>In passing Initiative 300, voters approved <a href=\"http:\/\/www.denverpost.com\/2016\/10\/14\/denver-marijuana-ballot-measure-initiative-300\/\">a new city ordinance that creates\u00a0a four-year pilot program<\/a>.\u00a0Businesses of most stripes\u00a0could seek permits \u2014 lasting up to a year \u2014 for bring-your-own-marijuana \u201cconsumption areas,\u201d indoor or outdoor, that are 21-and-over. (Smoking wouldn\u2019t be allowed inside.)<\/p>\n<p>But the catch is that applicants first must obtain backing from a local civic group, which could include a city-registered neighborhood organization or a business improvement district.<\/p>\n<figure id=\"attachment_2241059\" class=\"wp-caption aligncenter size-article_inline\"><img width=\"4815\" alt=\"Customers visit Mutiny Information Cafe on December 2, 2016, in Denver, Colorado. Mutiny Information Cafe owners Jim Norris and Matt Megyesi intend to apply for a social marijuana use permit once the city's Department of Excise and Licenses works out the particulars of how to implement Initiative 300. (\" class=\"lazyload \" \/><figcaption class=\"wp-caption-text\">\n<p>Anya Semenoff, Special to The Denver Post<\/p>\n<p>Customers visit Mutiny Information Cafe on December 2, 2016, in Denver, Colorado. Mutiny Information Cafe owners Jim Norris and Matt Megyesi intend to apply for a social marijuana use permit once the city\u2019s Department of Excise and Licenses works out the particulars of how to implement Initiative 300. (<\/figcaption><\/figure>\n<p>Those groups can set operating conditions in exchange for their support.<\/p>\n<p>Already, state rules bar marijuana businesses from allowing consumption on site. And on Nov. 18, state licensing officials further narrowed the scope of eligible businesses by <a href=\"http:\/\/www.denverpost.com\/2016\/11\/18\/bars-cant-seek-new-denver-social-marijuana-use-permits-allowed-by-initiative-300\/\">announcing a new rule that prohibits virtually all liquor licensees<\/a>,\u00a0including all bars and some restaurants, from allowing pot use on their premises.<\/p>\n<p>Mutiny\u2019s Jim Norris said he and co-owner Matt Megyesi have decided to go for a permit for their combination book store and cafe.<\/p>\n<p>\u201cWe\u2019re thinking about doing it once a month, maybe an art gallery kind of thing,\u201d he said, perhaps incorporating a dance party. \u201cIt would probably be on a Saturday\u00a0night,\u201d adapting the invitation-only \u201cAtomic Doobie Saturday Night\u201d events he\u2019s hosted in the past.<\/p>\n<p>Anderson is less certain how she might use a permit, but she has thought about ways marijuana could deepen mediation or massages in special events, perhaps hosted off-site.<\/p>\n<p>Sensitive to public stigmas surrounding marijuana, she said The Rhythm Revolution wouldn\u2019t seek a permit to allow cannabis use during regular yoga or spinning classes because \u201cour business model never included that. \u2026 At the core of it all, we\u2019re always going to be about the music.\u201d<\/p>\n<figure id=\"attachment_2241047\" class=\"wp-caption aligncenter size-article_inline\"><img width=\"5367\" alt=\"Owner Jim Norris (R) and co-owner Matt Megyesi work behind the coffee counter at Mutiny Information Cafe on December 2, 2016, in Denver, Colorado. Norris and Megyesi intend to apply for a social marijuana use permit once the city's Department of Excise and Licenses works out the particulars of how to implement Initiative 300. \" class=\"lazyload \" \/><figcaption class=\"wp-caption-text\">\n<p>Anya Semenoff, Special to The Denver Post<\/p>\n<p>Owner Jim Norris (R) and co-owner Matt Megyesi work behind the coffee counter at Mutiny Information Cafe on December 2, 2016, in Denver, Colorado. Norris and Megyesi intend to apply for a social marijuana use permit once the city\u2019s Department of Excise and Licenses works out the particulars of how to implement Initiative 300.<\/figcaption><\/figure>\n<h4 class=\"\">Steps to implementation<\/h4>\n<p>At 3 p.m. Monday, city licensing officials and city attorneys will brief City Council members about the progress they\u2019ve made on figuring out Initiative 300\u2019s implementation.<\/p>\n<p>Rowland said the city likely would\u00a0form an advisory committee during winter that draws together Initiative 300\u2019s backers and its opponents, community members and business representatives to help shape the permit program and regulations. That mirrors the city\u2019s approach in previous efforts to regulate legal marijuana.<\/p>\n<p>A spring public hearing on proposed regulations also is likely.<\/p>\n<p>\u201cThis is the time for Denver residents to get to know their neighborhood organization and their council rep,\u201d said Rachel O\u2019Bryan, who managed the anti-Initiative 300 group Protect Denver\u2019s Atmosphere. \u201cBecause you are relying on them to put an awful lot of safety measures in place through that letter of approval (for permits) and the conditions attached. It\u2019s enormous, the power.\u201d<\/p>\n<p>Initiative 300\u2019s lead backer, Denver marijuana consultant Kayvan Khalatbari, anticipates a slow rollout involving experimentation by businesses that lead the charge.<\/p>\n<p>For good reason: No American city has done this before.<\/p>\n<p>Amsterdam long has had its\u00a0coffee shops, where customers are free to light a joint. But the preferred mode of social use in a handful of Colorado cities and towns, including Nederland and Englewood, has been private clubs, though <a href=\"http:\/\/www.denverpost.com\/2016\/06\/07\/englewood-bans-social-pot-clubs\/\">not always without strife<\/a>.<\/p>\n<figure id=\"attachment_2241052\" class=\"wp-caption aligncenter size-article_inline\"><img width=\"5384\" alt=\"Matt Reames (L) and Nikoli Shaver play chess at Mutiny Information Cafe on December 2, 2016, in Denver, Colorado. Mutiny Information Cafe owners Jim Norris and Matt Megyesi intend to apply for a social marijuana use permit once the city's Department of Excise and Licenses works out the particulars of how to implement Initiative 300. \" class=\"lazyload \" \/><figcaption class=\"wp-caption-text\">\n<p>Anya Semenoff, Special to The Denver Post<\/p>\n<p>Matt Reames (L) and Nikoli Shaver play chess at Mutiny Information Cafe on December 2, 2016, in Denver, Colorado. Mutiny Information Cafe owners Jim Norris and Matt Megyesi intend to apply for a social marijuana use permit once the city\u2019s Department of Excise and Licenses works out the particulars of how to implement Initiative 300.<\/figcaption><\/figure>\n<p>Other\u00a0states that were among the first to legalize recreational marijuana, including <a href=\"http:\/\/www.cannalawblog.com\/marijuana-tourism-in-washington-over-before-it-even-begins\/\">Washington<\/a> and <a href=\"http:\/\/www.law.state.ak.us\/press\/releases\/2016\/083116-MarijuanaSocialClubs.html\">Alaska<\/a>,\u00a0have made it explicitly illegal to operate a club or use social marijuana in such publicly accessible places. But California, where voters just legalized recreational marijuana last month, will allow\u00a0<a href=\"http:\/\/www.lao.ca.gov\/BallotAnalysis\/Proposition?number=64&amp;year=2016\">some leeway for on-site consumption<\/a>, at least at licensed marijuana businesses, if local governments decide to authorize it.<\/p>\n<p>In Denver, officials are\u00a0considering many questions about Initiative 300, including:<\/p>\n<ul>\n<li>Should the licensing department set more specific rules than those in Initiative 300? It already says consumption areas can\u2019t be within\u00a01,000 feet of schools, and those outdoors can\u2019t be visible from public rights of way and places where children congregate.<\/li>\n<li>Should the city spell out standards for the measure\u2019s requirement that applicants train employees to identify and respond to over-intoxicated customers?<\/li>\n<li>How will enforcement work?<\/li>\n<li>And legally, does the city need to set further restrictions on consumption areas to avoid any conflict with state law?<\/li>\n<\/ul>\n<p>While Colorado\u2019s Amendment 64, which voters passed in 2012 to legalize recreational marijuana, does not explicitly bar public use, the state criminal code still says marijuana can\u2019t be used \u201copenly and publicly.\u201d The state legislature still has not defined what that means, however.<\/p>\n<p>City officials are well aware that as they work on local regulations, the General Assembly will reconvene\u00a0for its 2017 session in January, <a href=\"http:\/\/www.denverpost.com\/2016\/10\/14\/denver-marijuana-ballot-measure-initiative-300\/\">giving lawmakers a chance<\/a> to place\u00a0new constraints on Denver.<\/p>\n<p>Mayor Michael Hancock has said little about what he thinks about the initiative, including whether\u00a0he voted for it. His office said he was not available Friday to answer that question.<\/p>\n<figure id=\"attachment_2241044\" class=\"wp-caption aligncenter size-article_inline\"><img width=\"5568\" alt=\"Owner Matt Megyesi (L) works behind the front counter at Mutiny Information Cafe on December 2, 2016, in Denver, Colorado. Along with co-owner Jim Norris, Megyesi intends to apply for a social marijuana use permit once the city's Department of Excise and Licenses works out the particulars of how to implement Initiative 300. \" class=\"lazyload \" \/><figcaption class=\"wp-caption-text\">\n<p>Anya Semenoff, Special to The Denver Post<\/p>\n<p>Owner Matt Megyesi (L) works behind the front counter at Mutiny Information Cafe on December 2, 2016, in Denver, Colorado. Along with co-owner Jim Norris, Megyesi intends to apply for a social marijuana use permit once the city\u2019s Department of Excise and Licenses works out the particulars of how to implement Initiative 300.<\/figcaption><\/figure>\n<p>But his administration says it takes voters\u2019 direction seriously.<\/p>\n<p>\u201cA majority of voters in Denver believe there should be a place for people to consume marijuana socially,\u201d mayoral spokeswoman Jenna Espinoza wrote\u00a0in an e-mail. \u201cAs we assess how we can implement this law now, our overall goals with implementation of Initiative 300 are the same as with previous measures like Amendment 64: enact this new law responsibly and thoughtfully; ensure the health, safety and well-being of our city; and meet the needs of residents, businesses, neighborhoods and visitors.\u201d<\/p>\n<h4 class=\"\">Supporters are optimistic<\/h4>\n<p>Khalatbari and attorney Christian Sederberg, another supporter, view the measure as fully allowed under state law, though city attorneys have voiced concerns.<\/p>\n<p>\u201cWhat we\u2019re proposing is even more discreet and set back (from public view) than alcohol, which is also something that\u2019s supposed to not be used in public,\u201d Khalatbari said.<\/p>\n<p>The backers say they are optimistic Denver city officials\u00a0will make a good-faith effort.<\/p>\n<p>\u201cI also think the voters made a very clear statement,\u201d Sederberg said. \u201cWe\u2019re going to be true to our word that we\u2019re going to work hard to make sure this thing works.\u201d<\/p>\n<p>They still are considering a challenge early next year of the new Colorado\u00a0Liquor Enforcement Division rule that will keep bars from participating, Khalatbari said.<\/p>\n<p>Opponents of Initiative 300 also are eager to add their voices to the city\u2019s review.<\/p>\n<p>O\u2019Bryan,\u00a0who managed the opposition group, said city officials should wade beyond legal issues into liability insurance requirements and health concerns. Those include proper ventilation systems and protecting employees who don\u2019t want exposure to potentially chemical-containing vapors emitted by vaping devices, she said.<\/p>\n<p>City Council members plan to keep tabs on the rollout. Rules for voter initiatives allow the council to tweak any provision after six months, though that requires a public hearing and a two-thirds majority vote.<\/p>\n<p>\u201cI have a lot of concerns about it,\u201d said Councilwoman Kendra Black, who chairs a marijuana special issue committee. \u201cI do think we need to have some solutions around social consumption. I don\u2019t know if this was the right way to do it \u2026 but it\u2019s a problem that needed a solution, and this is an important first step.\u201d<\/p>\n<p>\n<\/p>\n<figure id=\"attachment_2241055\" class=\"wp-caption aligncenter size-article_inline\"><img width=\"4648\" alt=\"Owner Jim Norris makes a beverage at Mutiny Information Cafe on December 2, 2016, in Denver, Colorado. Along with co-owner Matt Megyesi, Norris intends to apply for a social marijuana use permit once the city's Department of Excise and Licenses works out the particulars of how to implement Initiative 300. \" class=\"lazyload \" \/><figcaption class=\"wp-caption-text\">\n<p>Anya Semenoff, Special to The Denver Post<\/p>\n<p>Owner Jim Norris makes a beverage at Mutiny Information Cafe on December 2, 2016, in Denver, Colorado. Along with co-owner Matt Megyesi, Norris intends to apply for a social marijuana use permit once the city\u2019s Department of Excise and Licenses works out the particulars of how to implement Initiative 300.<\/figcaption><\/figure><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Denver city officials have a lot of questions to sort through as they prepare to issue new social marijuana use permits mandated by the passage of Initiative 300. <\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[5062,1547,6861,6884,6885,6813,77,5577,5667,6886,9,1,3,61,1736],"tags":[5063,4115,6862,6887,6888,6818,2655,5580,5673,6889],"_links":{"self":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/posts\/7022"}],"collection":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/comments?post=7022"}],"version-history":[{"count":0,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/posts\/7022\/revisions"}],"wp:attachment":[{"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/media?parent=7022"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/categories?post=7022"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannitrol.com\/blog\/wp-json\/wp\/v2\/tags?post=7022"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}