As you know, Colorado is one of the few states that has legalized recreational marijuana, and with it, Denver’s city attorney, Marley Bordovsky, states that there is no city or state law that prevents cannabis consumers from vaping marijuana in places that have a social consumption permit.
The Colorado Clean Indoors Air Act (CCIAA), which went into effect in 2006, does offer restrictions with regards to smoking cigarettes and smoking pot in concert venues, yoga studios, libraries, bars, and a range of other indoor establishments. However, the Act has a loophole for vaping marijuana inside of businesses and venues that are permitted in Denver.
The city attorney of Denver, Marley Bordovsky, sits on the Social Consumption Advisory Committee and specializes in code enforcement in the city — the committee has been meeting in order to iron out suggested rules and regulations with regards to Initiative 300 (which is an initiative regarding Denver’s social consumption of marijuana).
So far, the initiative passed in November of 2016 still allows nearly any business that does not sell marijuana to actually get a cannabis consumption permit. They are able to do so under the Neighborhood-Supported Cannabis Consumption Pilot Program, of which, the city of Denver has begun offering permit application forms on January 21st. They hope to finalize all of the rules and begin issuing permits during the summer of 2017.
What this means is that currently, permitted businesses would still have to follow state and local laws (which includes not serving alcohol where marijuana is consumed) as well as complying with the Colorado Clean Indoors Air Act (CCIAA). What is interesting is that Bordovsky is right — the CCIAA does not appear to cover vaping at all.
While a technicality, the Act defines smoking in Section 25-14-203(16) of the CCIAA as, “the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or marijuana.” So far, Denver’s Department of Environmental Health and the Colorado Department of Public Health and Environment have no disputed city attorney Marley Bordovsky’s reading and interpretation of the Act.
In fact, tobacco program manager at the Dept of Environmental Health, Ashley Frederick, says that he is indeed correct — that vaping is not covered under the Colorado Clean Indoor Air Act and that vaping marijuana where vaping is allowed is quite legal. The city of Denver does have something called Executive Order 99, which covers vaping in municipal buildings — but that’s it.
While other states have incorporated vaping into their own clean indoor acts, Denver has yet to deal with the “weird animal” that is vaping.
So, for now, it would be polite to ask before vaping in an indoor establishment, but according to the law, vaping inside of restaurants, libraries, bars, and businesses are not banned — and in places with marijuana consumption permits, you can vape MJ to your heart’s content.