John Hickenlooper vetoes marijuana ‘tasting rooms’ bill

Colorado Gov. John Hickenlooper vetoed legislation Monday that would have implemented the nation’s first statewide rules for allowing marijuana “tasting rooms” to operate.

Following up on Colorado’s first-in-the-country recreational marijuana laws, the legislation rejected by Mr. Hickenlooper, House Bill 1258, would have paved the way for licensed dispensaries to allow on-site cannabis consumption akin to how wineries and breweries let customers sample products at their premises.

The bill was introduced in February with bipartisan support and easily passed both chambers of Colorado’s state legislature prior to meeting its demise Monday in the form of a veto from Mr. Hickenlooper, a Democrat.

“We are concerned that marijuana use at consumption establishments could result in additional impaired or intoxicated drivers on our roadways,” the governor said in a letter explaining his veto. “By allowing consumption at marijuana establishments, HB-1258 sends the wrong message by permitting people to consume marijuana in a public setting; a practice that may increase the number of impaired drivers on our roadways.”

While the bill would have permitted the on-site consumption of marijuana at licensed dispensaries, patrons would have been prohibited from smoking pot and limited instead to vaping cannabis or consuming edibles.

Even sans marijuana smoke, however, Mr. Hickenlooper said he was still concerned that allow people to vaporize marijuana in confined spaces would pose significant health risks to employees and patrons of licensed “tasting rooms,” and that allowing them to operate would directly clash with the voter approved law legalization recreational marijuana within the state.

“Since Colorado voters approved Amendment 64 in 2012, this Administration implemented a robust regulatory system to carry out the intent of this voter-initiated measure,” the governor wrote in his letter. “Amendment 64 is clear: marijuana consumption may not be conducted ’openly or publicly’ or ’in a manner that endangers others.’ We find that HB-1258 directly conflicts with this constitutional requirement.”

“In this experiment of recreational marijuana legalization, we established and continue to improve a robust regulatory framework,” he added. “We encourage the General Assembly to proceed cautiously in enacting future policy changes, ensuring that public safety is paramount and the voters’ will is honored.”

The Colorado legislature can override a gubernatorial veto with a two-thirds vote, but the 2018 legislation session ended last month, leaving the issue of public consumption to be considered at a later date.

“This was a modest step forward to educate cannabis consumers before they get on the road,” said state Rep. Jonathan Singer, a Democrat who sponsored the bill. “Today’s outcome just proves we need to work harder to show that cannabis consumers don’t belong in the shadows,” he said in a statement Monday.

Passage of Amendment 64 allowed Colorado to open the nation’s first legal recreational marijuana dispensaries in January 2014, notwithstanding the federal government’s longstanding prohibition on pot.

Nine states and D.C. currently have laws in place legalizing recreational marijuana, including six with systems in place permitting retail dispensaries to operate. None of those states have laws on the books permitting allowing public cannabis consumption, however, and HB 1258 would have made Colorado the first in the country to let municipalities decide whether to let state-licensed dispensaries operate marijuana “tasting rooms.”