IAmA: Matt Murray, Chief of Staff for the Denver (Colorado, USA) Police. I'm here with DPD Sgt. Howard, an expert on Marijuana policy, to talk to you about current Marijuana legislation in Colorado. AMA about our Marijuana policies! [Serious]

THANKS FOR YOUR QUESTIONS REGARDING MARIJUANA. We will schedule another REDDIT AMA on traffic law soon. We are also working on an AMA for Chief of Police White and are willing to host other "specific" topics if asked.

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Amendment 64 reads:

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN COLORADO OR BE A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY-ONE YEARS OF AGE OR OLDER: (a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA.

The law lists purchasing right there along with possessing, and displaying.

What law would someone be breaking by purchasing marijuana from an illegal seller, given that purchasing is expressly lawful per the amendment?

Hello All!

In regards to this question:

Currently the seller violating the law by distributing a controlled substance. The buyer could be viewed as engaging in a conspiracy to violate the law. This is unsettled and we are waiting for direction from the State Legislature and prosecutors.

It is pretty clear under Amendment 64 that no Colorado or local law can prohibit an adult over the age of twenty-one from purchasing less than an ounce of marijuana in the state of Colorado.

Which is why it is unwise for cities to prohibit the lawful selling of marijuana because it forces individuals to buy marijuana from the black market (which cannot be criminalized).

This is your interpretation of the law. We can assure you that others interpret it differently.

That is not unusual. It is rare that the top judges in America (the Supreme Court) agree on what the law means.

Ammend. 64 allows municipalities to "opt out" of allowing commercial/recreational marijuana facilities in their jurisdictions. In essence, this stops the legal sale of marijuana in their municipality.

Correct, many people interpret the law differently all the time. However, being one of the authors of the law, we intended for it to mean exactly what it says. Thus, in my opinion, our interpretation of the law is the most accurate. A judge could disagree with us though.

3) Personal use of marijuana. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN COLORADO OR BE A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY-ONE YEARS OF AGE OR OLDER: (a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA.

We are not going to attempt to predict what the courts will or won't do.

This is unsettled and we are waiting for direction from the State Legislature and prosecutors.

But does this mean that you are currently citing folks with engaging in a conspiracy or are you waiting until things are cleared up?

No.

have either of you ever smoked pot?

Lt Murray: Nope (nerd)

What is currently being worked out in terms of standardizing the "legal levels" of THC when it comes to driving? How will these be enforced? Will there be a test similar to the breathalyzer that can be used onsite?

There is a great deal of discussion at the legislative level about this.

Will previously convicted people of charges relating to this law be released early or have their punishments reduced?

In jail? That is an issue for the courts.

The marijuana business has a lot of involvement from organized crime, particularly Mexican and Central American drug cartels and gangs. How do you see their involvement changing with the new legal climate?

Also, what steps will you take to protect businesses trying to run ethically from being preyed upon by these criminal gangs?

Absolutely. It is tough to say what will happen. Some believe cartels will use Colorado to distribute their products from a "legal" state. Others believe it will put the cartels out of business. We will certainly watch and adjust.

As to the second part of my question, can you describe what outreach you will do to protect businesses trying to run legitimately from being victims of these gangs through protection and extortion rackets?

We will offer the same protection as any other business. We have investigated numerous burglaries at Medical Marijuana dispensaries - just as any other business.

Of course, people HAVE to report for us to investigate.

How do you determine if someone is under the influence or within legal limits? Will you be judging this by appearance, or reaction? I mean, I know quite a few goofy-acting people who are as sober as a nun...

Traffic? We do roadside tests to determine impairment. It could also be based on how you were driving etc. This is settled law (DUI).

Do you think CO has come to the right conclusion on marijuana policy?

The Denver Police Department does not consider there to be a "war on drugs". That saying comes from Federal politicians in the 1980's.

The majority of MARIJUANA enforcement performed by the Denver Police is initiated by citizen complaints.

What sort of interaction have you had with various federal agencies on this issue? Have said interactions been hostile/threatening in nature, or is there more a desire to find an amicable resolution?

We work with numerous Federal agencies and have a good relationship. There has not been a decision about Marijuana federally. (in light of Colorado and Washington State)

Do you see any problems arising from people in neighboring states because the laws will be different from one to the other? People taking advantage some how?

LAST QUESTION: This is happening A GREAT deal. Because of the increased value of Colorado marijuana in other states, there is a large amount of marijuana being diverted from here to other states. Neighboring states are experiencing a HUGE increase in marijuana related offenses.

Will there be a greater enforcement of public consumption in a similar fashion to alcohol use outside designated areas?

We do get a large number of complaints. Often by neighbors, bars, and restaurants. It is ILLEGAL to consume marijuana in public. We will enforce this. It is really a quality of life public safety issue.

Hi Guys, thanks for doing this AMA.

If I am an adult visitor to Colorado, can I buy cannabis for consumption within the state? If so, what can I expect? If not, why?

Thanks again!

Anyone over 21 years of age may possess and consume marijuana while in Colorado.

CAUTION - Marijuana is still illegal in most states. Do not transport out of state.

What about purchasing? The legality of 'possession' and 'consumption' does not equate to legal buying.

For instance, its legal to own real Ivory, but it's pretty much illegal to buy or sell it.

PURCHASING: * In 2014 it will be legal to purchase marijuana from A licensed marijuana business *A Medical marijuana facility with a legal medicinal marijuana card (Red Card) *Or you can grow up to six plants in your residence and possess the marijuana produced from those plants

OK, so as a visitor to the state in 2014 and without a medical card, I can still buy from a licensed marijuana business?

BRB, Planning vacation to Colorado next year....

Yes, you can. We also have nice restaurants...

Restaurants are good, any recommendations?

Chief White loves Fogo de Chao http://www.fogodechao.com/

7-11 also has good nachos

Thank you so much for doing this AMA... Much respect.. Now, this question is for people under 21 but over 18. I am looking to go to Colorado with a friend of mine in a few weeks. We will obviously be using marijuana. However, while he is over 21, i am just almost 20. If I am driving can he keep the weed in his bag and if we are pulled over no one will get in trouble? Or will it count as being in my possession and i go to jail? Also, even though i realize I will be technically breaking the law by using marijuana there, would i get in a heap of legal trouble from just smoking with someone else out in nature or private places and stuff like that? Is this mostly up to officer discretion?

YO - Don't break the law. We are the cops!

Don't keep marijuana in a common area (like in the vehicle). Keep it on his person and you won't have an issue.

What kind of car will you be driving? License? :-)

Great to see you back on Reddit! Your last AMA was really informative!

Due to shops being opened to the general public in 2014, and it being illegal to sell it to another person (even if they are both 21), there seems to be a bit of gray area onto how one is supposed to acquire marijuana right now legally if they do not have their medical card. I've seen on Craigslist people offering marijuana in return for "donations" made to a cause, but that seems to be possibly illegal. This leads me to two questions:

1) Has your department been strict in enforcing the illegality of selling marijuana since Amendment 64's passing? Piggybacking off that is it legal to acquire marijuana from Craigslist?

2) What legal route(s) would you suggest for someone over 21 looking to acquire marijuana at this point in time? The only other way I can think of is growing your own, which is difficult given Colorado's dry climate and the restrictions placed by many landlords/property management companies, as well as fiscally irresponsible this close to January 1st (for those who would buy from stores when they open).

1. Yes, illegal to buy from Craigs list. We do enforce this. It is still considered purchasing to accept a "donation".

2. Sorry, we don't facilitate the purchase of any product (for instance, security systems, car alarms, marijuana, etc).

How has the recent change to CO's marijuana policy change an employer's right to test for it? If the employee tests positive, what happens next?

That is not a police issue, it is a concern and you should ask an employment attorney.

Is it possible to be hired as a police officer if you a) previously smoked pot years ago? b) was fired from a job years ago?

:)

Look here http://www.denvergov.org/Portals/590/documents/Police%20Candidate%20Informational%20Booklet.pdf

Will there be warnings issued, as opposed to arrests? I'm guessing educating the public about new laws, etc would be better public relations than throwing someone in jail...

Officers have discretion in most areas of the law. We can cite or warn in a traffic situation, and the officers have the same discretion here. It really depends on the situation.

Public safety is really the driving factor.

Your jobs can't be easy. Thanks for the answer.

You are welcome!

As someone not from Colorado, I do not know the specifics of Amend. 64, but am curious as to how it extends to the operation of vehicles. For instance, in some municipalities you can be cited a DUI while riding a bike. Does this apply to Colorado for operating say a snow mobile or bicycle?

It is illegal to operate boats, cars, bicycles, motorcycles, snow mobiles, etc while under the influence (of alcohol or drugs).

With alcohol there is a "legal limit" -- is there something along these lines being worked out for marijuana or is the law going more toward zero tolerance?

You can't be impaired while driving. This includes alcohol, marijuana, cocaine, prescription drugs, etc. The legislature is still working on what limits of THC will be.

Does Colorado law conflict with federal law?

Yes. It is against Federal law to possess, use, cultivate, or sell marijuana. In fact, it is a controlled substance Federally.

Glad to see you guys here and taking questions.

How is the support from the city managers? Are the police involved in the decision making process?

We have been included in discussions about this issue - and as we have said, we are not anti-marijuana, we are anti-breaking the law.

From the wiki on Colorado Marijuana Laws:

From the time of the Colorado Amendment 64 taking effect, recreational cannabis in Colorado is legal to possess for people age twenty-one or older provided the amount is under 1 ounce (28.35 grams). It is legal to consume within private residence, but not in public. Consumption is permitted in a manner similar to alcohol, with equivalent offenses prescribed for driving. It is legal to sell cannabis provided the store has obtained a permit to do so, similar to alcohol laws in many states.

Does this mean that it can be sold in gas stations and such like cigarettes, given they have the right permit?

It is legal to consume marijuana in a private residence.

Marijuana can only be sold from a licensed facility in 2014. Currently the discussion is more in line with "liquor stores" (marijuana stores) than gas stations.

So it wouldn't be just like a medical marijuana dispensary, except for recreational use. Will there be a limit on how much the stores can sell to a person (per purchase/per day), or is it only going to be as long as a person has less than an ounce they're fine?

Will people from out of state be able to come to Colorado and buy marijuana legally as long as they don't go back over state lines with it?

The answer to the first part of your question is likely to come from regulations. What is clear is that you may possess under 1 oz.

Anyone over 21 can purchase marijuana from a licensed facility in 2014.

Thank you for answering all my questions!

You bet!

Do you have a personal/moral standing against or for marijuana legalization? Do you believe the state government, instead of federal, should have the final say in matters like this?

This ins't about us - it is about the law and the response by the Denver Police Department.

In states without marijuana leniency, do police officers still show discretion? For example, if I (as an adult) am caught with a small amount (under a half ounce) and do not drive while high/cause a disturbance or smoke it publicly. Will most police officers let me off the hook as long as I am honest and treat them with respect?

Don't know - legal here...

You will always fare better with police if you are polite and respectful.

What are the current values of the Denver Police to protect State Jurisdiction vs. Federal Jurisdictions, & is it true that the Federal Raids of local growers are making arrests to better control products & revenue for Companies like Marlboro?

No. We are not in the business or in partnership of protecting any certain company.

Is there to your knowledge concrete evidence of Marijuana consumption inducing psychiatrics problems ?

You will have to ask a doctor or psychiatrist.

What is your stance on Breed Specific Legislation in your city and are there any plans to repeal it?

Not an area we get involved in.

Is it possible to be hired as a police officer even if you have been fired from a job years ago?

Save for another AMA. Marijuana questions only today

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Here is the number for the Sheriff Dept (prisoner info). (720) 913-3600