DENVER – While Civic Center Park in downtown Denver was going up in smoke Thursday in celebration of 4/20, the state Legislature was getting ready to hit on a measure to protect Coloradans’ state-based constitutional rights.
House Bill 1331, which would prohibit state agencies from assisting federal agencies in arresting Coloradans for behaviors and actions that are protected by the state’s constitution, such as purchasing and smoking recreational marijuana, was passed by the House Judiciary Committee on a bipartisan 8-3 vote.
“It’s important for legislators to protect our state constitution and protect all the rights of Colorado citizens,” said Rep. Steve Lebsock, D-Thornton, and sponsor of the bill.
But the scope of this measure is more limited than it appears, as it applies only to state-run agencies and not those considered subsidiaries of the state, such as local governmental agencies.
That means HB 1331 would protect Coloradans from the State Patrol stepping in to assist federal agencies, but it would not extend to county sheriffs and local police departments, Lebsock said.
While Coloradans’ right to partake in recreational marijuana is undoubtedly connected to the measure, the bill goes beyond protecting residents’ right to light up, Lebsock said. The bill would also protect fundamental rights such as freedom of speech, freedom of religion and the right to due process.
The original bill included a provision to include subsidiaries, but it was stricken by the Judiciary Committee in the closing moments of a marathon hearing that went until 3 a.m. Friday.
Removing the reference to subsidiaries was done at the request of Lebsock, he said. “I wanted it to be explicitly clear that we are only talking about state agencies.”
The bill heads to the full House for consideration.
lperkins@durangoherald.com
