Welcome to our Ask The Cannabist column. Clearly you have questions about marijuana, be it a legal concern, a health curiosity, a Colorado-centric inquiry or something more far-reaching. Check out our expansive, 100-question Colorado marijuana FAQ first, and if you’re still curious, email your question to Ask The Cannabist at askthecannabist@gmail.com.
Hey, Cannabist!
I am an epilepsy patient and recently moved to Texas. I need medical marijuana to pick up where the effectiveness of my prescription pills ends. Can I get seeds mailed to Texas? –Texas Tea
Hey, Tex!
Nope, anywhere in the U.S., even if you have a medical reason, it’s not legal to mail marijuana seeds, or marijuana for that matter. Also, there are stiff penalties for marjuana possession in Texas; there is no medical marijuana law, either. Although people do mail weed, again, it’s not legal. That’s because federally, marijuana is defined as a Schedule I drug. If someone is caught, the penalties for shipping marijuana are determined by federal statute, not by state statute. XO
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Hey, Cannabist!
I was at a Red Rocks show, and my friends and I decided to pass the vape pen and a blunt around right before the show. Security came over and told us that we had to move to a designated smoking area and cease our cannabis consumption at our seats. I can understand the blunt, but the vape pen? Last year, vape pens were tolerated. Please clarify.
— Perplexed Puffer
Hey, Perplexed Puffer!
The Red Rocks concert season is winding down, but might as well clarify the rules! In the 15 events I’ve been to this summer, I’ve noticed an increase in enforcement of the venue’s marijuana policy from previous summers at Red Rocks. Amendment 64 does not allow open and public consumption and in writing, marijuana (of any kind) is not allowed in the venue. In reality, some attendees bring marijuana into the show. The marijuana policy is presented in the slideshow playing before and in between performances. It reminds attendees to “respect the law and those around you by enjoying marijuana in private. If you are bothered by marijuana smoking in seating areas, tell uniformed security.”
Security has a text hotline for attendees to make a discreet complaint by messaging the row and seat number of tokers and smokers. As a tolerant compromise, any smoking needs to be in the designated smoking sections, which are along the outer staircases of the venue.
As for the vape pens, Red Rocks’ rules state they cannot be used in the seating area. This year, more communities in metro Denver have been banning the public use of electronic cigarettes and vaporizers or allowing use only in designated smoking areas. XO
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Hey, Cannabist!
Can I grow six recreational plants for a friend in my sunroom, along with my six plants? –Kaya Kindly
Hey, Kaya Kindly!
Yes, you can grow six plants for your friend. I verified with marijuana attorney Warren Edson. “On the state level, Amendment 64 makes it legal to assist others in growing their recreational plants. Keep in mind that you also have local regulations to abide by as well.”
Two examples of these regulations are the Denver limit of twelve marijuana plants per household and Centennial limiting a home marijuana garden to 100 square feet in an apartment or attached dwelling and 150 square feet in a free-standing home. The sunroom needs to be fully enclosed and locked, with limited access to only authorized adults; children and pets must be kept away from the grow. XO
Here’s the nitty gritty on the law:
Colorado Constitution Article 18, Section 16:
(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.
(b) Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale.
(c) Transfer of one ounce or less of marijuana without remuneration to a person who is twenty-one years of age or older.
(d) Consumption of marijuana, provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others.
(e) Assisting another person who is twenty-one years of age or older in any of the acts described in paragraphs (a) through (d) of this subsection.
