The co-founder of Denver’s International Church of Cannabis believes he’s entitled to a new trial on public-consumption charges after a member of the jury that convicted him alerted the court that the panel improperly discussed the case before it was over and prematurely reached its conclusion.
It’s the latest twist in a two-year saga that already has seen one mistrial.
A six-person jury found Steve Berke guilty on Feb. 1 of public consumption of marijuana and violating the Colorado Clean Indoor Air Act in an unusually long four-day municipal trial. The case was the first attempt at answering a question that has confused Denver pot smokers since legalization: What defines open and public consumption of marijuana?
