Deposition of Facts
Deposition of Facts
In response to the complaint filed and delivered March 29th 2018: ORDER OF REVOCATION OF THE BUSINESS LICENSE, delivered to: Break The Stigma Fitness, 9690 West 38th Avenue, Wheat Ridge, CO 80033. (shown above. Please click here to read the full #suspension blog)
All Marijuana Consumption is done on a Personal-Use Gift basis. Consumption is not for sale, Consumption is done in a Private Residence, it is not a retail marijuana establishment, it is not a marijuana club. Consumption is not done in the Open or in Public or in a manner that endangers others. No more than 1 ounce is transferred or gifted and transfers are made without remuneration. There is no monetary value attached to the consumption of marijuana on the premise.
-Per Colorado State Constitution: (3) PERSONAL USE OF MARIJUANA. Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under Colorado law or the law of any locality within Colorado or be a basis for seizure or forfeiture of assets under Colorado law for persons twenty-one years of age or older:
Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana.
Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted open or publicly, and is not made available for sale.
Transfer of one ounce or less of marijuana without remuneration to a person who is twenty-one years of age or older
Consumption of marijuana provided that nothing in this section shall permit consumption that is done openly and publicly or in a manner that endangers others.
Assisting another person who is twenty-one years of age or older in any of the acts described in paragraphs (a) through (d) of this section.
All students of Break The Stigma Fitness classes are made aware that consumption was being done on a gift basis with no cost attached or implied any and all fees paid were strictly for fitness classes and education on health and nutrition. All students were made aware that we do not in any way sell marijuana or receive any commissions for marijuana purchased in any other establishment.
Promoting the use of Cannabis is 1st amendment protected speech for both Break The Stigma Fitness and it’s owner. Promotion was not done in an openly public manner and complied with Colorado State Constitution Amendment 64: (3) Personal Use.
Break The Stigma Fitness has and will continue if allowed to operate within the Law as defined in the Colorado State Constitution Amendment 64 in regard to any guest being allowed to Personal-Use Consume in the private property where Break The Stigma Fitness resides as a Home Occupancy business providing Fitness, Health and Nutrition Education.
There has been no attempt to defraud or mis-represent the purpose of Break The Stigma Fitness. Marijuana is not the business purpose or monetized in this business, all consumption is private exercise of Colorado State Constitution Amendment 64 and Discussion or Promotion of any use, a free exercise of US Constitution 1st Amendment Speech. No Activities are performed openly in public and all participants are of 21 years of age or older.
Break The Stigma Fitness and it’s owner view themselves as proud members of the Wheat Ridge Community and remain open to hear recommendations for reasonable terms or conditions deemed necessary to protect the public health, safety or welfare or to obtain compliance with the requirements of any applicable laws.
-Jennessa Lea, Owner and CEO, Break The Stigma Fitness