Colorado Couple to Open the ‘Only Legally Sanctioned Cannabis Club in the Country’

One of the disappointing aspects of marijuana
legalization in Colorado and Washington is that neither state
allows the sort of cannabis cafés you will find in Amsterdam and
other Dutch cities, which sell marijuana along with food and
beverages. Both states ban on-site consumption at licensed pot
stores, which are barred from selling anything other than marijuana
products and paraphernalia. Furthermore, Colorado’s Amendment 64
says “nothing in this section shall permit consumption that is
conducted openly and publicly,” while Washington’s I-502
bans consumption “in view of the general public.” Finally, both
states have laws that ban smoking inside bars and restaurants. But
there are various possible ways around these restrictions,
including the route taken by Cheryl and David Fanelli, who
plan to open what KUSA, the NBC station in Denver, describes as
“the only legally sanctioned cannabis club in the
country” this month in Nederland (elevation:  8,228 feet;
population: 1,500)

The Fanellis are taking advantage of an exception to to the
Colorado
Clean Indoor Air Act for “a place of employment that is not
open to the public and that is under the control of an employer
that employs three or fewer employees.” The same exception covers
VFW posts, Elk’s clubs, and other private, members-only spaces
where smoking is allowed. The Fanelli’s establishment, Club Ned,
will be open only to dues-paying members, who will have to make
appointments and bring their own pot. But Club Ned will have tables
and sell refreshments, creating something resembling the convivial,
tavern-like atmosphere at Dutch “coffee shops” (which are not
legal, strictly speaking, but have been tolerated for decades).
Since David Fanelli mentions an “acoustical stage area,” I gather
that there will be live music as well.

The Fanellis ran their business plan by the city, the fire
marshal, and the local district attorney to make sure they were
doing everything legally. It took 14 months. The aim, Cheryl
Fanelli explains to KUSA, the NBC affiliate in Denver, is to “keep
everybody safe in a nice place where someone can watch over them.”
Her husband is bursting with pride. “Is this history?” he asks.
“This is history. Are we pioneers? Maybe more than pioneers.”

Club Ned is not actually the first venue in Colorado to provide
a social setting outside the home where people can smoke pot
together. That distinction belongs to Club 64, a floating pot party
that had its first
event at a hemp clothing store in Denver on New Year’s Even
2012, right after Amendment 64’s provisions protecting possession
and noncommercial transfers of up to an ounce took effect. That
experiment inspired
various imitators. But Club Ned seems to be the first permanent
cannabis club to receive explicit approval from local government
agencies.

A private club is not the only possible approach. The Colorado
Clean Indoor Air Act does not cover vaping or marijuana-infused
foods, so a bar or restaurant should be able to allow those forms
of consumption even inside, and the law does not apply to outdoor
seating. Depending on how “openly and publicly” is interpreted,
outdoor marijuana consumption, including smoking, could be legal on
the patios or in the courtyards of Colorado bars and restaurants.
It might even be legal in Washington, provided it is shielded from
“the view of the general public.”