Dos and Don'ts

[WestCoastToke]

What are the do's and don'ts about little things like smoking on your porch, in your car, what is considered a public place and whats not?

[Boss]

If someone see's you smoking in or around your house, the law will come in and search without needing a warrant.

[WestCoastToke]

I'm a medical patient, that counts for me too?!

[Boss]

I think for MMJ it's fine anywhere on your property, as long as the smell and smoke don't hit the neighbor in the face :-)

Just be discreet. Remember, even though the neighbors think it's fine that you smoke, they may not want to explain it to their children at this time. They may even take offense that you did not take that into account as a good neighbor. So as long as you use common sense, I think you are fine. I have an officer 2 doors down from me and I smoke on my back porch. He smokes cigarettes, so he sees me out here all the time. But I am respectful, and so is he.

[WestCoastToke]

Ah. Nice thanks!

You in CO?

[Boss]

Nope, I wish.

[mmjmike]

In CO, you cannot smoke in public places. You can smoke anywhere inside your house. However, not in your yard, porch, car, or even your garage if your neighbors can see you in it.

Bottom line, as a practical matter, you can smoke where ever you want, but use your discretion and don't flaunt it. So long as no one sees you do it, it is hard to see how it could be a problem. Just because mmj is legal in CO, we don't need a bunch of negative publicity about people smoking in view of the public or kids. The feds already uses enough propaganda against its use and we don't need to supply them with anymore. Just my thoughts.

mmjmike

[mmjmike]

Here is information on this from the Colorado Department of Public Health and Environment at
Medical Marijuana in Colorado

Where can I legally use my medicine?
No patient shall: Engage in the medical use of marijuana in a way that endangers the health or well-being of any person; or engage in the medical use of marijuana in plain view of, or in a place open to, the general public. Law enforcement has informed the Medical Marijuana Registry of the following: Any place outside of the patient’s home is considered public. “In plain view” also includes the patient’s yard or garage if that patient can be seen using their medicine by neighbors.

This website is a great source of information for mmj in Colorado.

mmjmike

[WestCoastToke]

So what if I decide to smoke on my balcony when no "public" is around... but my neighbors come out while I'm medicating... if I put it out, there is only a smell... no harm can be done with a smell, and they dont see me smoking cuz its not lit, stowed away in my pocket.


Still breaking the law?

[Boss]

Not if they don't see you smoking it. But smelling it, and seeing the only person close enough is you, bitchin betty gonna call the law.

[mmjmike]

Well, I think the key is not whether they see you or not, it is whether you were in "plain view" of a place open to the public, that is not your home, or in a "place open to the public". So, I don't think they need to actually see you smoking to raise all kinds of hell. Still, it may be hard to prove that you were actually smoking it outside if they don't see you. You could claim that you just finished smoking inside, came outside and the smoke residue on your body is what the person was smelling. But, as boss said, there are all kinds of people in the world and proof of guilt is required in court, not in order to arrest you or have the cops called.

If I were in your shoes and was concerned about it, I would just smoke inside. You can clearly do this without penalty under the CO mmj laws. If smell is a problem, try packing two-four pieces of fabric softener sheets, like bounce, in an old toilet paper roll and when you exhale breath through the role. The fabric softener will kill the smell. Works like a charm every time. If you are concerned about toxins in the smoke, for example, if you have kids in the house or a nagging wife/girlfriend, get a vaporizer, and/or smoke in the bathroom with the fan on. Either or both of these techniques, in conjunction with the toilet paper role and bounce should allow you to smoke indoors without inconveniencing others.

mmjmike

[WestCoastToke]

Smell is no issue, I smoke inside all the time. But I get far more out of my weed when I go outside and burn one down. I just don't want to have to explain to the police that I'm a medical patient... No fun.

[Boss]

I would make a private area in the back yard if it was possible :-)

[Racefan]

I don't see why people feel the need to advertise they smoke by doing it in public. It just makes the general public think even worse of us!We get enough bad publicity as it is. Don't help the feds by proving to them they were right and that we are a bunch of stoners with no brain cells. if the law is written that smoking in public is illegal then DON'T smoke in public! Period! It's that fricken easy!

[Be IRIE]

With the views we have here it is nice to sit on the back balcony stareing at the front Range smoking a bowl specially when they are blanketed in snow.... Just use your head and don't be blaitent about it... A 3 foot bong on the back deck may be over doing it