Denver Municipal Code Chapter 38 Article V, Div. 3

DIVISION 3. – OFFENSES RELATING TO DRUGS AND INTOXICANTS

Sec. 38-171. – Reserved.

Sec. 38-172. – Disorderly intoxication.

Sec. 38-173. – Possession of injection devices.

Sec. 38-174. – Toxic vapors.

Sec. 38-175. – Possession or consumption of marihuana.

Sec. 38-176. – Enforcement priority—Marijuana.

Secs. 38-177—38-190. – Reserved.

 

Sec. 38-171. – Reserved.

Editor’s note—

Section 1 of Ord. No. 256 of 1982, adopted May 24, 1982, repealed § 821.3 of the 1950 Code, which had prohibited consumption of alcoholic beverages in certain public areas, and had been codified as § 38-171 herein.

Sec. 38-172. – Disorderly intoxication.

It shall be unlawful for any person under the influence of any narcotic drug, stimulant or depressant, in any private house or place, to be turbulent, violent, menacing or disorderly to such an extent as to jeopardize persons or property or to such an extent as to menace the public peace and safety.

(Code 1950, § 821.2-2; Ord. No. 938-91, § 1, 12-9-91)

Sec. 38-173. – Possession of injection devices.

It shall be unlawful for any person to possess any hypodermic needle, syringe or similar device which may be adapted or used for injecting drugs or other substances by subcutaneous or intracutaneous injection into the body, unless such possession be authorized for medical or physical treatment by a licensed medical doctor or osteopathic physician; provided, however, that the prohibitions contained in this section shall not apply to manufacturers, jobbers, licensed medical technicians, hospitals, nursing homes, technologists, nurses, laboratories, research teaching institutes, medical doctors, osteopathic physicians, dentists, veterinarians, pharmacists and embalmers selling or using such devices in the legal course of their respective businesses or professions or to persons carrying an identification certifying that they are participating in or an employee or volunteer of a qualified needle exchange and treatment referral program registered under Division 4 of Article V of Chapter 24.

(Code 1950, § 821.1; Ord. No. 881-97, § 1, 12-8-97)

Sec. 38-174. – Toxic vapors.

(a)

(1) Defined. As used in this section, the term “toxic vapors” shall mean the vapors of the following compounds or the vapors of products containing such compounds:

a.

Surface coatings. Acrylonitrile; butyl alcohol; camphor; cyclohexanone; ethyl acetate; ethyl benzene; glycidol; hexone; sec-hexyl acetate; lead; manganese; mercury; mesityl oxide; methyl alcohol; methyl (n-amyl) ketone; 5-methyl-3-heptone; naphtha; 2-pentanone (MPK); 1-propyl acetate; 1,1,2,2-tetrachloroethane;

b.

Solvents. Acetone; acetonitrile; benzene; butyl alcohol; butyl mercaptan; carbon disulfide; carbon tetrachloride; cresol; cumene; cyclohexane; cyclohexanone; 1,2-dichloroethylene; dimethyl sulfate; ethyl bromine; ethylene dichloride; hexane; isopropyl alcohol; mesityl oxide; methylal; methyl acetate; methyl alcohol; methyl chloroform; methyl ethyl ketone; methyl isobutyl ketone; methylcyclohexanol; methylene chloride; naphtha; naphthalene; 1-nitropropane; n-propyl acetate; pyridine; stoddard solvent; 1,1,2,2-tetrachloroethane; tetrachloroethylene; tetrahydrofuran; toluene; trichloroethane; trichloroethylene; 1,2,3-trichloropropane; triorthoscresyl phosphate; xylene;

c.

Narcotics. 1,3-butadiene; tert-Butyl chromate; chlorobromomethane (Halon); methyl chloride; 1,2,3-trichloropropane; trifluorobromemethane (Halon);

d.

Fuel additives. Decaborane; diborane; L.P.G.; methyl hydrazine; phosphorus pentasulfide; propane; tetraethyl lead; tetramethyl lead; tetranitromethane; tin;

e.

Automotive antifreeze. 1,2-dimethylhydrazine;

f.

Photographic developers. Hydroquinone;

g.

Medical apparatus. Mercury;

h.

Paper impregnation. Diphenyl;

i.

Flame resistance/water proofing. Pentachloronaphthalene;

j.

Anti-corrosion. Hydrazine; pentaborane;

k.

Combustibles. n-Butyl glycidyl ether;

l.

Explosives. Dinitrobenzene; 2,4,6-trinitrotoluene;

m.

Antiseptics/sanitizers. Bromine; iodine;

n.

Pesticides. Aldrin; 2-aminopyridine; azinphos-methly (Guthion) butyl mercaptan; camphor; carbaryl (Sevin); carbon disulfide; carbon tetrachloride; chlordane; chlorinated camphene; cyanides; 2,4-D; DDT; demeton; dichlorvos; dieldrin; dimethyl-1,2-dibromo-2; 2-dechoroethyl phosphate; endrin; EPN; ethlene chlorohydrin; ethylene dichloride; fluorides; heptachlor; hydrogen cyanide; lindane; malathion; methyl bromide; methyl formate; methyl hydrazine; methyl iodide; naphthalene; nicotine; parathion; phosdrin; pyrethrum; rotenone; sodium fluoroacetate; strychnine; sulfuryl fluoride; TEPD; tellurium; TEPP; 1,1,2,2-tetrachloroethane; thallium; tin.

(2)

Common examples. The following serve as examples of common products containing “toxic vapor” compounds, but is not meant to limit the prohibitions contained herein: spray paint, model airplane glue, nonwater soluble household glue, nail polish remover, and paint thinner.

(b)

Use or possession. It shall be unlawful for any person intentionally to smell or inhale the fumes of toxic vapors for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses or nervous system, or to possess, buy or use any such substance for the purpose of violating or aiding another to violate this section.

(c)

Under the influence. It shall be unlawful for any person to be intentionally under the influence of any toxic vapors.

(d)

Sale:

(1)

It shall be unlawful for any person who knows, or should know, that a substance releases toxic vapors that could be used for the purposes of causing a condition of euphoria, excitement, exhilaration, stupefaction, or dulled senses to sell, give, deliver, or furnish any substance releasing toxic vapors to any minor without the personal or written consent of a parent, guardian, or other person having legal care or custody of such minor, except when the sale of one (1) tube of glue is made simultaneously with the sale, purchase, and delivery of a hobby or model kit.

(2)

It shall be unlawful for any person, except a person who is at the time of such sale actually employed by or engaged in operating a bona fide commercial establishment at a fixed location, to sell to any other person any substance releasing toxic vapors, and all sales of such substance not made in or from such an establishment shall be unlawful.

(3)

It shall be unlawful for any person knowingly to sell or offer for sale, deliver or give away to any other person any substance releasing toxic vapors, where the seller, offerer, deliverer or donor knows or has reason to believe that such substance will be used for the purpose of inducing a condition of euphoria, excitement, exhilaration, stupefaction or dulled senses or nervous system.

(e)

Exception. This section shall not apply to the inhalation of anesthesia for medical or dental purposes.

(Code 1950, § 813.1; Ord. No. 530-91, §§ 1—3, 7-15-91)

Sec. 38-175. – Possession or consumption of marihuana.

(a)

It shall be unlawful for any person under the age of twenty-one (21) to possess one (1) ounce or less of marihuana. If such person is under the age of eighteen (18) years of age at the time of the offense, no jail sentence shall be imposed and any fine imposed may be supplanted by treatment as required by the court.

(b)

It shall be unlawful for any person to openly and publicly display or consume one (1) ounce or less of marihuana. If such person is under the age of eighteen (18) years of age at the time of the offense, no jail sentence shall be imposed and the fine may be supplanted by treatment as required by the court.

(c)

For the purposes of this section, the term “marihuana” or “marijuana” shall mean and include all parts of the plant cannabis sativa L., whether growing or not, the seeds thereof, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or its resins. It does not include fiber produced from the stalks, oil or cake made from the seeds of such plant, or the sterilized seed of such plant which is incapable of germination, if these items exist apart from any other item defined as “marihuana” in this section. “Marihuana” does not mean or include marihuana concentrate as defined in this section.

(d)

For the purposes of this section, the term “marihuana concentrate” shall mean hashish, tetrahydrocannabinol, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol.

(Ord. No. 645-97, § 1, 9-29-97; Ord. No. 618-05, § 2, 8-9-05, elec. 11-1-05)

Sec. 38-176. – Enforcement priority—Marijuana.

(a)

The Denver Police Department and the city attorney’s office shall make the investigation, arrest and prosecution of marijuana offenses, where the marijuana was intended for adult personal use, the city’s lowest law enforcement priority.

(b)

“Adult personal use” is defined as the possession of less than one ounce of marijuana by an adult at least twenty-one (21) years of age, where the marijuana is not used or displayed in public. The sale of marijuana for remuneration is not included in the definition of personal use and is subject to prosecution under existing state laws.

(c)

On or before December 31, 2007, the mayor of the City of Denver shall appoint an eleven (11) member marijuana policy review panel to assess and report on the effects of this section. The panel shall consist of one (1) at-large member of the Denver City Council; two (2) residents of the City of Denver, as selected by the petitioner committee that initiated this ordinance; one (1) drug/alcohol abuse prevention counselor; one (1) member of the Denver Metro Domestic Violence Fatality Review Committee who is not also a member of law enforcement; one (1) representative of the Denver Police Department; three (3) criminal defense attorneys, one (1) of whom shall be a public defender; one (1) representative of the Denver County District Attorney’s Office; and one (1) representative of the Denver City Attorney’s Office. The mayor shall appoint members to vacancies on the marijuana policy review panel as necessary. Members shall serve terms in accordance with the bylaws established by the panel at its first meeting. The primary purpose of this panel shall be to ensure that the ordinance described in this section is implemented to the greatest extent possible. The marijuana policy review panel shall:

(1)

Elect a chairperson and meet at least quarterly or more frequently as necessary. These meetings hall be open to the public and citizens may testify before the committee pursuant to rules established by the panel;

(2)

By March 31, 2008, establish reporting criteria for the Denver Police Department and city attorney’s office to report marijuana arrests and prosecutions; and

(3)

Submit a comprehensive written report with recommendations to the city council that will include, but not be limited to, information concerning the public safety, public administration, public health and fiscal impacts of paragraph A., above. This report shall be completed and presented at the first meeting of the full city council occurring at least six (6) months after the receipt of the third report provided by the Denver Police Department to the marijuana review panel pursuant to subparagraph (d), below.

(d)

The Denver Police Department shall report all marijuana arrests, including any citations issued for marijuana use or possession, and the city attorney’s office shall report all marijuana prosecutions, including those undertaken in Denver by the Denver County District Attorney’s Office for arrests made in Denver, to the marijuana policy review panel on a semi-annual basis in compliance with the criteria established by the panel pursuant to subparagraph (c)(2), above. In addition, the Denver Police Department shall report, according to the same semi-annual schedule, all arrests and citations for alcohol-related offenses and for offenses in which alcohol was cited as a contributing factor. The report in this paragraph shall cover the January 1 through June 30 and July 1 through December 31 time periods, and shall be issued no later than forty-five (45) days after the end of each period.

(e)

Upon consideration of the report and recommendations submitted by the marijuana policy review panel pursuant to subparagraph (c)(3), above, the city council may modify, repeal or let stand this ordinance. Otherwise, the panel shall exist until private adult possession of marijuana is legal under Colorado Revised Statutes and the Denver Revised Municipal Code.

(f)

Severability of provisions. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this section or the application of the terms and provisions to other persons or circumstances shall not be affected.

(Ord. No. 464-07, § 2, 11-6-07)

Secs. 38-177—38-190. – Reserved.



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