Greetings part time residents, From the Part Time Residents Advisory Board (“PTRAB”):
In our continuing effort to keep you informed about issues in the Town of Snowmass Village, we’re providing this communication relating to the consumption of marijuana.
Marijuana possession and consumption was legalized by Colorado voters in 2012 by an amendment to the State Constitution. One provision of the amendment allowed municipalities to opt-out of the provisions that allow recreational and medical sale, cultivation and manufacture of marijuana. The Town of Snowmass Village (“TOSV”) enacted a moratorium prohibiting all sales, cultivation and manufacture of marijuana in TOSV. That moratorium has been extended twice and is now set to expire October 31, 2018. TOSV has undertaken community outreach regarding the potential to legalize marijuana sales, cultivation and/or manufacture in TOSV.
In addition to the ongoing marijuana sale moratorium debate, the slightly different issue of where marijuana may be consumed in the TOSV presents some interesting considerations, especially for part time residents who rent their properties. TOSV is generally a smoke free town, and many rental rooms are smoke free. Therefore, while visitors can readily buy marijuana outside the TOSV, where can they legally smoke it in the TOSV? Since guests tend to rent lodging when they visit, it is not difficult to foresee that increased availability of marijuana in the TOSV (if allowed) would lead to increased smoking (even though illegal) in many units owned by part time residents.
The potential impact for owners is not only the cost of remediation of marijuana smoke but also loss of income from disgruntled guests checking in after such an incident. Consequently, for owners who rent out their Snowmass property it’s good to be aware that if desired, one can prohibit all use (smoking, vaping and consumption) of marijuana by tenants and guests on one’s property by stating so as an express term of the rental agreement, and perhaps with signage on the premises. To implement such a provision for rental property, owners may consult with their property managers or attorneys.
While we hope everyone freely responded to the TOSV Marijuana Questionnaire (which we previously circulated), according to their own personal views on the topics raised, we would like to make folks aware of this potential issue with regard to this marijuana use in TOSV. For further reference please see the following from the Aspen Chamber web site, an FAQ page that addresses the issue by saying: “11. Where am I allowed to consume retail marijuana [in Aspen]?”
Moreover, by way of an update on the Town moratorium debate, the following is a hyperlink to the TOSV Marijuana Questionnaire results that the Town Council conducted to collect community feedback earlier this year:
Town Marijuana Questionnaire Results
Watch for our next communication about additional issues raised by TOSV part time residents. In the meantime, please let us know of any TOSV issues that concern you.