Frederick advances pot ban in wake of Amendment 64

FREDERICK — The Board of Trustees voted unanimously Jan. 8 to ban retail marijuana stores within town limits.
    The measure also prohibits the operation of marijuana cultivation facilities, marijuana product manufacturing facilities and marijuana testing facilities.
    Kristin Brown, town prosecuting attorney for Frederick, told the board before the vote that the passage of Amendment 64 raised a lot of questions for municipal governments going forward, including what constitutes public use of marijuana, which is still prohibited by state law.
    “There are a lot of unknowns yet that we’ll have to work through and figure out as we go along,” Brown said.
    Voters in Frederick, and across Weld County, voted in the 2012 general election to legalize possession and use of marijuana to be regulated in a similar manner as alcohol. The amendment allows local governments to prohibit the sale of marijuana, which is illegal at the federal level.
    Trustee Rafer Burnham asked Brown about the specific actions that the measure would prohibit.
    “So consumption would include smoking, eating, chewing, etc?” Burnham asked.
    Brown confirmed that all use of marijuana would be covered with the ban.
    Trustee Gavin Payne characterized the implementation of Amendment 64 as a “rocky, uncertain time” for municipalities to navigate.
    “So what’s legal for alcohol use?” Payne asked. “I know you can’t publicly consume alcohol. So how is that in case law?”
    Brown replied that the town of Frederick has an open-container ordinance, which makes it unlawful to possess an open container of alcohol while in public.
    “Unless you have a liquor license or a special event permit,” Brown said. “There’s a task force at the state level that Gov. Hickenlooper has put together. So we’ll wait and see what comes out of that.”
    
Contact Ben Wiebesiek at 303-659-2522, ext. 205, or email bwiebesiek@metrowestnewspapers.com.