Cops close Denver cannabis lounge

DENVER — A police raid at an Amsterdam-style cannabis lounge in Denver has triggered a debate over where adults can smoke pot in a state that allows recreational marijuana consumption — but not in public.

Denver police showed up last week at Maryjane’s Social Club, one of dozens of private pot-smoking clubs in Colorado operating in a legal gray area. The officers handcuffed smokers, seized drug paraphernalia and ticketed the club’s owner for violating state law banning indoor cigarette smoking. Three people were cited for smoking in public.

Colorado law prohibits recreational pot consumption “openly and publicly or in a manner that endangers others.” And state lawmakers say that smoke-free laws also appear to ban indoor pot smoke-outs.

But marijuana advocates argue the increasingly popular private pot dens are permissible because marijuana isn’t sold, nor is food or drink. Like Maryjane’s, the clubs are only for members, who bring their own weed.

The officers entered Maryjane’s on Friday to investigate “illegal activity” — public marijuana consumption — when they issued the citations, department spokesman Sonny Jackson said.

He said police are not targeting other private pot clubs but that all pot-related businesses, including private lounges, are under new scrutiny since recreational sales began in Colorado in January.

“This is new for us,” said Ashley Kilroy, Denver’s executive director of marijuana policy, noting that police routinely look for pot clubs that are publicly advertising or who impose cover charges as a sham and then give away weed. “We’re going to be as proactive as we can and educate businesses as we go along.”

Kandice Moss, who was inside Maryjane’s at the time, said she recognized the plainclothes detectives because they had been inside the club before, posing as new members.

One of them told her the club was a public place before they started issuing citations.

“I asked, ‘Where is it safe?’” Moss said. “He said, ‘You’re legal to possess it and smoke it at home, and that’s it.”

But Denver attorney Rob Corry, who represents one of those cited, said the club is private. It doesn’t advertise specific events, and it requires memberships to get in, even if to smoke there for just one night.

Corry argued the raid was hypocritical. He noted that the city of Denver has allowed the Colorado Symphony Orchestra to hold a series of bring-your-own-cannabis fundraising concerts — labeled private events — after the symphony agreed to hold the shows by invitation only at private galleries.

After days of wrangling, city officials concerned about public consumption withdrew their objections to three symphony events called Classically Cannabis, which have marijuana companies as sponsors and are expected to raise $200,000 for the symphony.

“This is an identical situation,” Corry said. “It’s not even close to being a gray area.”

The symphony took corrective action after the city warned them about public consumption and Maryjane’s did not, Kilroy said. Corry said he was unaware of any formal warnings the club had received.

The attorney represents Andrew Overall, who received a $135 citation for public consumption at Maryjane’s.

Officers said they saw Overall, 25, smoking hash oil from a water pipe, which they seized as evidence, according to his citation. The document also notes that his club membership was issued in June.

Overall said he started buying nightly memberships at the club for $10, and then bought a monthly pass.

“It’s a place where people who are like-minded can get together and enjoy cannabis,” said Overall, who was supposed to work as a DJ the night of the crackdown. “I feel safe there.”

Overall said he plans to fight the ticket in court.

Maryjane’s has closed after the arrests. Its patrons hope it would reopen, perhaps as a hookah lounge.

Owners of other private pot dens around the state are keeping an eye on the Denver case.

“The number of clubs is going to increase, and the number of enforcement actions is going to decrease,” Corry predicted

David Fanelli, who owns Club Ned near Boulder with his wife, Cheryl, said the club-cafe has not had any problems since it opened in March after more than a year of planning for proper ventilation and consulting with police, an attorney and zoning officials.

Still, the town of Nederland has only allowed his club to operate for a six-month trial period. Officials will then decide whether to extend its license.

“We are just a test,” Fanelli said.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

Rep. Suzan DelBene, left, introduces Xichitl Torres Small, center, Undersecretary for Rural Development with the U.S. Department of Agriculture during a talk at Thomas Family Farms on Monday, April 3, 2023, in Snohomish, Washington. (Olivia Vanni / The Herald)
Under new federal program, Washingtonians can file taxes for free

At a press conference Wednesday, U.S. Rep. Suzan DelBene called the Direct File program safe, easy and secure.

Former Snohomish County sheriff’s deputy Jeremie Zeller appears in court for sentencing on multiple counts of misdemeanor theft Wednesday, March 27, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Ex-sheriff’s deputy sentenced to 1 week of jail time for hardware theft

Jeremie Zeller, 47, stole merchandise from Home Depot in south Everett, where he worked overtime as a security guard.

Everett
11 months later, Lake Stevens man charged in fatal Casino Road shooting

Malik Fulson is accused of shooting Joseph Haderlie to death in the parking lot at the Crystal Springs Apartments last April.

T.J. Peters testifies during the murder trial of Alan Dean at the Snohomish County Courthouse on Tuesday, March 26, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Bothell cold case trial now in jury’s hands

In court this week, the ex-boyfriend of Melissa Lee denied any role in her death. The defendant, Alan Dean, didn’t testify.

A speed camera facing west along 220th Street Southwest on Tuesday, Nov. 21, 2023 in Edmonds, Washington. (Olivia Vanni / The Herald)
New Washington law will allow traffic cams on more city, county roads

The move, led by a Snohomish County Democrat, comes as roadway deaths in the state have hit historic highs.

Mrs. Hildenbrand runs through a spelling exercise with her first grade class on the classroom’s Boxlight interactive display board funded by a pervious tech levy on Tuesday, March 19, 2024 in Marysville, Washington. (Olivia Vanni / The Herald)
Lakewood School District’s new levy pitch: This time, it won’t raise taxes

After two levies failed, the district went back to the drawing board, with one levy that would increase taxes and another that would not.

Alex Hanson looks over sections of the Herald and sets the ink on Wednesday, March 30, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Black Press, publisher of Everett’s Daily Herald, is sold

The new owners include two Canadian private investment firms and a media company based in the southern United States.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.