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Amendment 64

  • by NORML March 19, 2018

    With Colorado lawmakers well into their fifth legislative session since the retail sale of adult-use marijuana was enacted, the need to coordinate the various policy discussions around the issue has never been greater. Since Colorado voters approved the law change in 2012, there have been ongoing debates surrounding various aspects of the law and its impact — such as how best to address the question of social consumption, product testing, and the use of medical cannabis on public campuses. To best address these issues, state lawmakers have formed the first-ever statewide Cannabis Caucus.

    “With the end of marijuana prohibition and the implementation of a robust tax and regulate program in Colorado, you have to consider the various areas of public policy that have been impacted. From business, and law enforcement, to education and health care, Colorado’s newly formed Cannabis Caucus will be a way to facilitate discussions among lawmakers regarding how to best to address these important matters,” said NORML Outreach Director Kevin Mahmalji.

    NORML’s national office has been exploring the idea of state-level cannabis caucuses since the Congressional Cannabis Caucus was established in early 2017. Since then, NORML’s Outreach Director Kevin Mahmalji has floated the idea to several Colorado lawmakers, but it wasn’t until he met with State Representative Dan Pabon’s office that things started to take shape. While Representative Pabon’s staff facilitated internal conversations with lawmakers about the possibility of establishing new caucus, NORML’s Kevin Mahmalji focused his time on recruiting new members and providing educational material.

    “This kind of caucus is something we at the national level have been looking at for quite some time,” says NORML Outreach Director Kevin Mahmalji, who’s based in Denver. “Since the formation of the Congressional Cannabis Caucus, it just made sense to have something similar at the state level.”

    Read more here: http://www.westword.com/news/colorado-cannabis-caucus-launching-march-16-2018-10094659

  • by Paul Armentano, NORML Deputy Director December 30, 2013

    The eyes and ears of the national and international media will be focused on Colorado on New Year’s Day as the nation’s first modern state-licensed retail cannabis dispensaries will be open for business.

    Late last week, state and local regulators signed off on the first wave of licensed cannabis businesses, with hundreds more applicants awaiting final approval. (See the actual state-approved marijuana business license via today’s CNN video here.)

    The Colorado NORML website has posted a clock counting down the hours and minutes until the nation’s first recreational cannabis sales become reality here. They also provide a statewide list of licensed cannabis retailers, as well as a ‘consumers’ guide’ to complying with Colorado state law here.

    Like I told USA Today in its coverage today, “The genie’s out of the bottle and it’s simply not going back in.”

  • by Paul Armentano, NORML Deputy Director May 9, 2013

    Colorado lawmakers made history Wednesday by approving first-in-the nation regulations governing the retail production and sale of cannabis to those age 21 and older.

    The Huffington Post has the story here:

    On the final day of the legislative session, Colorado lawmakers finally passed two historic bills to implement recreational marijuana legalization in the state — making Colorado the first state in the U.S. to take such steps toward the legal sale, regulation and tax of marijuana for recreational use.

    House Bill 1317, which proposes the regulatory framework for legal marijuana, passed the Senate on a 29-6 vote and passed the House on a 37-28 vote, on Wednesday.

    House Bill 1318, which proposes the tax rates which will fund the regulatory framework for legal marijuana sales and will ultimately need Colorado voter approval, passed the Senate 25-10 and passed the House 37-28, Wednesday.

    Both the regulatory framework bill and the tax bill head to Gov. John Hickenlooper’s desk and appear poised to become law.

    The two measures do not impact the state’s existing medical marijuana laws, nor do they interfere with existing legal protections legalizing the personal possession (up to one ounce) and cultivation (up to six plants) for non-commercial purposes.

    Further details about the newly approved regulatory bills is available here.

    Lawmakers’ proposed tax scheme on the commercial production and retail sale of cannabis must be approved by a majority of state voters before being implemented. Proposed taxes do not apply to those engaged in the personal cultivation or not-for-profit transfers of cannabis.

    Lawmakers’ proposals come six months after 55 percent of state voters approved Amendment 64, which legalizes the adults possession and cultivation of limited quantities of marijuana, and tasked the state with establishing regulations for the retail production and sale of cannabis to the public.

  • by Paul Armentano, NORML Deputy Director December 19, 2012

    It has been nearly seven weeks since voters in Colorado and Washington made history, enacting at the ballot box unprecedented measures legalizing the adult possession on cannabis. Yet during this time, federal officials have largely remained silent.

    One week ago, US Attorney General Eric Holder cryptically told Bloomberg News that the administration will formally announce its intentions “relatively soon,” but added no further details. Most recently, on Friday, President Obama told ABC News’ Barbara Walters: “It would not make sense for us to see a top priority as going after recreational users in states that have determined that it’s legal. … We’ve got bigger fish to fry.” Of course, federal officials do not target minor marijuana offenders now — so the President’s statement provides little clarity as to what actions the Administration may take going forward as Colorado and Washington begin implementing broader regulatory reforms, including measures to license proprietors to commercially produce and sell cannabis to adults.

    Today, in Alternet.org, I speculate as to what actions the Administration may take — and what actions they may not take — in the coming weeks as state lawmakers work toward the full implementation of Colorado and Washington’s newly enacted marijuana laws. An excerpt from this commentary appears below.

    Will Obama Go After Legal Pot in Washington and Colorado?
    via Alternet.org

    With public opinion firmly behind the will of the voters, is it realistic to think that the Obama Justice Department will take action to try and nullify Colorado and Washington’s legalization laws? It’s possible, but it may not be as likely as some think.

    For starters, states are not mandated under the US Controlled Substances Act to criminalize marijuana or to arrest and prosecute adult cannabis consumers and the federal government cannot compel prosecutors in Colorado or Washington to do so. The Justice Department and the US Drug Enforcement Administration could, theoretically, choose to selectively prosecute those individuals in Colorado and Washington who possess or grow quantities of plant that are compliant with state law. But such a scenario is hardly plausible. The federal government lacks the manpower and the public support – and therefore the political will – to engage in such behavior and this reality is unlikely to change any time soon. As acknowledged by former congressman and ex-DEA director Asa Hutchinson at a recent CATO Institute forum on the subject, the federal government never has prosecuted people for possessing an ounce of marijuana and it is not about to start doing so now.

    By contrast, the Obama administration may attempt to actively prohibit states from allowing for the above-ground, licensed production and sale of cannabis by authorized proprietors. Justice Department officials could theoretically do so by either bringing a legal challenge against the states, by threatening local officials, or by proposing to withhold federal funding. But none of these actions are assured. Here’s why.

    To date, the Obama administration has done little to interfere with the state-approved production and licensed distribution of medical marijuana in those states that explicitly license and regulate this activity — specifically in Arizona, Colorado, Maine, New Jersey, and New Mexico. (In recent days, some of the first state-approved dispensaries opened for business in Arizona and New Jersey. In coming months, licensed dispensaries are also anticipated to open their doors to the public in Vermont as well as the District of Columbia. **AUTHOR’S NOTE: By contrast, the Justice Department has taken actions to aggressively close operations in California, Oregon, Montana, and Washington — though none of these states explicitly license dispensaries.**) In Colorado – where the state has licensed several hundreds of cannabis dispensaries and oversees “seed to sale” regulations governing the plant’s production and distribution – federal officials have yet to either file suit or threaten any of the state regulators who oversee the program. In response to a lawsuit filed in 2011 by Arizona Gov. Jan Brewer, who sought to invalidate the state’s 2010 medical cannabis law, lawyers for the federal government affirmed that the administration had never engaged in such strong-arm tactics and did not intend to.

    The federal judge in the case agreed. She rejected Gov. Brewer’s legal arguments that the operation of state-approved medical marijuana dispensaries was preempted by federal law or put state employees at risk for federal prosecution, determining “[T]he Complaint does not detail any history of prosecution of state employees for participation in state medical marijuana licensing schemes [and] fails to establish that Plaintiffs are subject to a genuine threat of imminent prosecution and consequently, the Complaint does not meet the constitutional requirements for ripeness.”

    A Maricopa County (AZ) Superior Court ruling from earlier this month further affirms that states possess the legal authority to regulate the legal distribution of cannabis, at least in some specific instances, without running afoul of federal anti-drug laws. In the case before the Court, White Mountain Health Center, Inc. v. Maricopa County, Judge Michael Gordon determined that the federal Controlled Substances Act did not preempt Arizona’s efforts to authorize “the local cultivation, sale, and use, of medical marijuana.” Writing for the Court, Judge Gordon declared that nothing in Arizona’s law circumvents federal law since Justice Department officials could still continue to locally enforce the Controlled Substances Act. In fact, Judge Gordon suggested that the new law “affirmatively provides a roadmap for federal enforcement of the CSA, if they so wished to” since the statute requires patients and proprietors to register their activities with the state. He concluded: “The Court rejects … arguments that the [law] violates public policy simply because marijuana use and possession violate federal law. Eighteen states and the District of Columbia have passed legislation permitting the use of marijuana in whole or in part. The Court will not rule that Arizona, having sided with the ever-growing minority of States, and having limited it to medical use, has violated public policy.”

    Some legal experts, including law professor Robert Mikos of Vanderbilt University Law School, suggest an additional legal theory as to why Colorado and Washington’s proposed regulatory schemes may not be subject to federal preemption. Speaking at a recent CATO Institute sponsored forum, Mikos suggested that the newly enacted state legalization laws do not violate the spirit or the intent of the Controlled Substances Act because the federal law exists for the expressed purpose of limiting the consumption of certain substances by the public, particularly young people. One can argue that the proposed statewide regulatory schemes in Colorado and Washington – which impose age restrictions for buyers and limit sellers to those authorized by the state – are intended to serve a similar purpose. Further, the proposed state programs, “do not stop federal authorities from sanctioning registrants.” Notably, Superior Court Judge Gordon specifically highlighted these arguments in his decision to uphold Arizona’s law and to reject claims that it positively conflicted with federal law.

    “No one can argue that the federal government’s ability to enforce the CSA is impaired to the slightest degree [by Arizona’s medical marijuana law],” he opined. “Instead of frustrating the CSA’s purpose, it is sensible to argue that the [law] furthers the CSA’s objectives in combating drug abuse and the illegitimate trafficking of controlled substances.”

    You can read the full text of my commentary here.

  • by Paul Armentano, NORML Deputy Director December 10, 2012

    History was made once again today when Colorado Gov. John Hickenlooper signed an Executive Order that makes an “official declaration of the vote” related to Amendment 64. This declaration formalizes the amendment as part of the state Constitution and makes legal the personal use, possession and limited home-growing of marijuana under Colorado law for adults 21 years of age and older.

    “Voters were loud and clear on Election Day,” Gov. Hickenlooper said in a prepared statement. “We will begin working immediately with the General Assembly and state agencies to implement Amendment 64.”

    Colorado joins Washington as the first two states in modern history to legalize the consumption of cannabis by adults.

    As of today, the following acts are no longer unlawful under Colorado state law for persons 21 years of age or older:

    (a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS OF MARIJUANA.

    (b) 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 OPENLY OR PUBLICLY, AND IS NOT MADE AVAILABLE FOR SALE.

    (c) TRANSFER OF ONE OUNCE OR LESS OF MARIJUANA WITHOUT REMUNERATION TO A PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER.

    (d) CONSUMPTION OF MARIJUANA, PROVIDED THAT NOTHING IN THIS SECTION SHALL PERMIT CONSUMPTION THAT IS CONDUCTED OPENLY AND PUBLICLY OR IN A MANNER THAT ENDANGERS OTHERS.

    (e) 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 SUBSECTION.

    Governor Hickelnlooper also announced today the formation of 24-member task force to oversee the implementation of the law, which ultimately mandates for the commercial production and sale of cannabis by those licensed to do so. A representative of Colorado NORML sits on this task force.

    As I previously wrote last week, to be clear: This is not decriminalization — a policy change that amends criminal penalties for minor marijuana offenses, but that continues to define cannabis as illegal contraband under the law and subjects its consumers to civil penalties. Today in Colorado, like in Washington, cannabis — when possessed in private by an adult in specific quantities — is a legal commodity. And it is likely that there is very little that the federal government can do to stop it. States are not mandated to criminalize marijuana or arrest adult cannabis consumers and the federal government cannot compel prosecutors in Colorado or Washington to do otherwise.

    The voters have spoken and change is upon us. Can you smell the freedom?

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