Two Denver cannabis bus tour companies are holding their ground after the city’s police department cited 31 customers and employees on June 15 for public consumption. Undercover police officers had joined bus tours operated by My 420 Tours and Colorado Cannabis Tours, ultimately citing dozens of people on the two buses, according to Denverite, which first reported the news.
The driver of one bus was also cited and arrested for suspicion of driving under the influence.
The central question is whether the use of marijuana onboard is considered “public” or “private” consumption. The city is taking the stance that the advertised bus tours constitute a public place, and that marijuana use on these bus tours constitutes public consumption.
"Our policy is to enforce the laws that are currently in place," a Denver Police Department spokesman wrote in an email to Denverite. "Consuming marijuana in public is illegal, and that is why officers cited the people consuming marijuana illegally."
According to Denver marijuana policies listed on Colorado.gov, “It is illegal for drivers and front-seat passengers to use marijuana in vehicles designed for private, for-hire transportation in Denver. If the private, for-hire transportation operator allows for it, marijuana may be consumed in the rear passenger area only.”
Public consumption of cannabis is a misdemeanor in the city of Denver, and violations can garner a $100 fine.
According to recent statements by the city’s Department of Excise and Licenses, tour buses or limos are not considered “designated consumption areas,” which is a specific cannabis license type. That license is applied only to “fixed” locations. A cannabis café, for instance, opened in Denver this past spring.
The city also offers a cannabis consumption special event license that would similarly require a identified location or address. (Earlier this month, Gov. John Hickenlooper vetoed a bill that would have expanded on that notion of regulated public consumption and allowed “tasting rooms” at licensed dispensaries.)
“We’re continuing to operate. We are very comfortable with our legal position in this matter,” Danny Schaefer, the founder of My 420 Tours, told the Denver CBS station over the weekend, while he was traveling out of the country. “The rule pertaining to public consumption is that it must be open and public. “So, ‘open,’ in my opinion, means no intention to hide the consumption, then ‘public,’ meaning it’s accessible to the public and seen by the public.”
When reached by phone Tuesday morning, a spokesperson for My 420 Tours confirmed to Cannabis Dispensary that tours were still happening, saying, “We’re business-as-usual. We’re taking this on.” The company has not yet released a formal statement on the June 15 police action, but we will update this story when we receive that message.
Seed and Smith, a Denver dispensary, partners with My 420 Tours as one location that passengers may visit on their tour. The dispensary offers a behind-the-scenes, educational tour about how the company grows and manufactures cannabis products. This tour is extended to customers who visit via My 420 Tours.
A spokesperson from Seed and Smith responded to Cannabis Dispensary with a statement on the matter at hand: "Seed and Smith offers tours of our all-in-one facility that are completely compliant, and do not involve cannabis consumption. As part of that seed to sale experience, all tour attendees receive materials from the State’s 'Good to Know' campaign to help them understand what they can and can’t do in Colorado. We want to lend our support to both government and business to work together to create sensible legislation and rules that allow for responsible and safe social consumption. Historically, cannabis business leaders and local and state government have created a safe framework to cultivate, process, test, and sell cannabis. [We're] confident that if everyone works together, all parties should be able to solve this problem in a way that satisfies safety concerns, and allows for the full intention the Denver voters to be expressed."
Michael Eymer, founder of Colorado Cannabis Tours, tells Cannabis Dispensary that his company has made some "reasonable adjustments to the logistics of the tour to protect guests and guides as much as we can."
Adding that the company is still actively running tours this week, he said: "We’re doing the right thing as best we can."
Eric Escudero, director of communications at the Department of Excise and Licensing, told Cannabis Dispensary that the recent law enforcement action is an example of the city’s oversight of the cannabis industry.
“The City of Denver will continue to enforce public consumption laws just like we enforce other unlawful activity,” he said. “Even though we are not required, in many circumstances we provide warning letters to alert the business they are in violation of the law as we did for the tour buses who recently experienced enforcement action. Our hope is that the warning letters end potential unlawful activity, prevent the need for Denver to spend tax dollars on enforcement action and help businesses comply with the laws. We strive to be a business-friendly city for all legal businesses no matter if they are selling peanuts across from the baseball stadium, is a liquor store or a marijuana related business.” (See letters from the Department of Excise and Licensing sent to the two bus tour companies below.)
“We’re business-as-usual. We’re taking this on.” - My 420 Tours spokesperson
My 420 Tours started in 2013, and the company continues to roll out new programming across the city of Denver. A promotional video for My 420 Tours showcases a VIP-style experience in the “limo bus,” which brings passengers to dispensaries, craft breweries, spas and even a “sushi rolling and joint rolling class.”
On June 20, My 420 Tours is launching a new series of walking tours through Denver’s historic RiNo arts district. As the company states: “Each tour, running two hours in length, will pair a smoke session at a private cannabis lounge with a street art walk, a visit to a brewery, or winery tour and tasting.”
The promotional materials for these new tours emphasize that Denver residents and tourists alike will have an opportunity to enjoy cannabis while very specifically not driving under the influence.
“The beauty of a walking tour is that it’s a fun activity for out-of-towners to do while feeling the effects of THC,” Schaefer said in a public statement. “RiNo is walkable and well-connected to Downtown on foot or via public transit. It takes driving out of the equation.”
Excise and Licenses Letters to Colorado Cannabis Tour and My 420 Tours by sandydocs on Scribd
Top photo courtesy of Adobe Stock
