2012 Colorado Amendment 64
Use and Regulation of Marijuana | ||||||||||||||||||||||
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Results by county
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Election was held: November 6, 2012[1] |
Colorado Amendment 64 was a successful
Enacted as
As of April 2017, 176 of Colorado's 272 municipalities have opted to prohibit retail marijuana activity within their boundaries.
Ballot summary
Elections in Colorado |
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Proposed initiative 2011/12 #30 was submitted on January 4 and found sufficient by the
Personal use
Adults 21 or older can grow up to three immature and three mature marijuana plants privately in a locked space, legally possess all marijuana from the plants they grow (as long as it stays where it was grown),[8] legally possess up to one ounce of marijuana while traveling,[9] and give as a gift up to one ounce to other citizens 21 years of age or older.[10] Consumption is permitted in a manner similar to alcohol, with equivalent offenses prescribed for driving under the influence.[11]
The new legislation does not apply to
Commercial regulation
The legislation defines
The amendment provides for licensing of cultivation facilities, product manufacturing facilities, testing facilities, and retail stores.
Support and opposition
The largest survey for the amendment, conducted October 23, 2012 by Public Policy Polling, indicated that 53% of voters intended to support it, with 46% opposed.[18] On December 9, 2013, more than a year after the passing of Amendment 64, a Public Policy Polling poll showed that the majority of Coloradans still support legal marijuana. With 53% support versus 38% opposition, the survey of 928 Colorado voters showed little change in support for legal marijuana a year on from the amendment vote.[19]
Since the amendment passed there has been concern over its conflict with federal substance prohibition laws.[20] The outcome is nevertheless expected to have broad impacts south of the border,[21] including in Mexico where less than a week after the U.S. vote Mexican senators submitted a proposal to legalize marijuana in their country.[22]
Support
Though support for liberalizing drug policy has traditionally been considered a liberal or libertarian cause,[23] Amendment 64 garnered a number of high-profile conservative endorsements, including, most notably, an endorsement from former U.S. Representative and 2008 Republican Presidential Candidate Tom Tancredo, who claimed, "Throughout my career in public policy and in public office, I have fought to reform or eliminate wasteful and ineffective government programs. There is no government program or policy I can think of that has failed in such a unique way as marijuana prohibition."[24] Similarly, Temple Emmanuel's Rabbi, Steven Foster, endorsed Amendment 64 because, "as clergy, we have the responsibility to talk about what policies serve our community best. You do not have to use marijuana—or even approve of marijuana—to see that our current laws are not working."[25] Many supporters of Amendment 64 did so because they wanted to improve the efficiency and effectiveness of the state's law enforcement resources. Proponents believe that permitting recreational use will allow officers to focus on prevention of violent crime and that it will remove some of the burden on the state's prosecutors and courts.[26]
Other justifications for support include: increasing the state's revenue (much of the additional revenue is required to be used to fund primary education),[26] subjecting otherwise illicit substances to health and safety regulations for the protections of users,[27] enhancing individual freedom,[27] eliminating a black market (black markets tend to result in crime regardless of the goods sold because market participants are already criminals, and therefore have less to lose by committing additional crimes),[28] and providing empirical evidence for studying the effects of legalization to identify whether the harms associated with drugs are actually caused by the policy of prohibition.[28]
Yet another argument favoring Amendment 64 is that regulation of marijuana may actually reduce marijuana usage by teens: According to Regulate Marijuana Like Alcohol, the organization responsible for much of the campaigning in support of Amendment 64, marijuana use by teens is likely to go down because commercial access would be limited to persons 21 and older. The campaign also points out that teens who currently seek marijuana have to turn to criminals for their supply and that these criminals may expose teens to other, potentially more dangerous drugs like heroin, meth, or cocaine.[29] Supporters also point out that Colorado's experience with medical marijuana supports their conclusion:[30] The CDC's Youth Risk Behavior Surveillance System monitors a number of statistics for America's youth.[31] The CDC study suggests that marijuana use among Colorado's youths fell by 2.8 percent from 2009 (24.8 percent) to 2011 (22 percent), while the national rate of youth use increased by 2.3 percent from 2009 (20.8 percent) to 2011 (23.1 percent).[30] Furthermore, the CDC found that the availability of drugs on school grounds in Colorado fell 5 percent from 2009 (22.7 percent) to 2011 (17.2 percent), while the national rate increased by 3.1 percent over the same time.[30]
Opposition
The group "No on 64" objected to Amendment 64 chiefly because it claimed the amendment would lead to increased use of marijuana, a consequence the group considers harmful. In particular, the group sees marijuana as addictive and as damaging to children because they believe it "permanently affects brain development, impairs learning ability and contributes to depression."[32]
On October 14, The Denver Post's editorial board announced its opposition to Amendment 64. The board began by saying, "We believe possession and use of marijuana should be legal," but ultimately encouraged readers to vote against the amendments because "Drug policy simply has no business being in the state constitution."[33]
Implementation
The policies took effect when the Governor ratified the ballots, which was to happen within 30 days of the election.[34] Governor John Hickenlooper officially added the law to his state's constitution on Monday December 10, 2012 making the private consumption of marijuana legal in Colorado. The first stores officially opened on January 1, 2014.[5]
Shortly after its passing Colorado Gov. John Hickenlooper stated "This will be a complicated process, but we intend to follow through. That said, federal law still says marijuana is an illegal drug, so don't break out the
Proposition AA
On May 28, 2013 the government also proposed Proposition AA, a 15%
"Local Option" legal challenge
Although Colorado voters approved the constitutional amendment legalizing retail sales of marijuana for recreational purposes, the amendment and enabling legislation also provided that localities could limit or ban retail outlets within a city or unincorporated portion of a county through a "local option". The provisions of Amendment 64 concerning personal use are not affected by the local bans on retail sales, so that growing and possession of small quantities of "personal" pot are legal statewide under state (but not federal) law. Most localities have chosen to ban retail stores, at least temporarily.[48]
A locality may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance or through an initiated or referred measure; provided, any initiated or referred measure to prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores must appear on a general election ballot during an even numbered year.
— Amendment 64 [49]
Colorado Springs and vicinity
Retail marijuana outlets are also banned in unincorporated areas of El Paso County. As of 2016, the only area in El Paso County to permit retail recreational marijuana outlets is the city of Manitou Springs, which adjoins Colorado Springs to the west, and has two retail recreational pot shops, the maximum number allowed by city ordinance.[54]
Medical marijuana outlets continue to operate in Colorado Springs although current regulations prevent any new stores from opening.[55] As of 2015, there were 91 medical marijuana clinics in the city, which reported sales of $59.6 million in 2014, up 11 percent from the previous year.[56]
Pueblo county
In
Tax revenue
In February 2015, the state of Colorado reported that tax collection figures for 2014, the first year of legal commercial sales, reached a total of $44 million from recreational marijuana with a further $32 million collected from fees on the industry and pre-existing taxes on medical marijuana.[60] The projected revenue before legalization was $60 million. These sales and excise tax figures do not include the corporate and personal income taxes generated by businesses and employees working in the state's marijuana industry.[61] The state Department of Revenue reported that official sales of recreational and medical marijuana from dispensaries reached over $996 million in 2015; a $297 million increase from the $699 million sold in 2014. The 2015 sales alone generated $135 million of tax revenue, $35 million of which are being used for the Education Center construction projects.[62]
Results
Colorado has experienced significant financial benefit as a result of legalization, with marijuana tax, license and fee revenue surpassing $1 billion as of 2019.[63] This revenue has been used to finance youth, education and health programs; the first $40 million of annual fee revenue is used to repair and upgrade local elementary schools and education facilities.[64]
Colorado has seen an 8% rise in homelessness since legalization, which has fueled speculation as to whether increased marijuana use is partially to blame; however, this rise is likely attributed to migration into the state as a result of legalization, including those who were already homeless.[65] The number of teenagers sent to emergency rooms with THC-positive substance screens more than quadrupled after marijuana was legalized.[66] The state also saw a 3% increase in car collision claims after legalization.[67]
Interstate lawsuit
In 2015, Nebraska and Oklahoma attempted to file suit in federal court to stop the implementation of Amendment 64, claiming that Colorado cannabis was harming their localities, and should be preempted by federal law. Sheriffs in Kansas joined the suit.
See also
- Decriminalization of non-medical cannabis in the United States
- Legal history of cannabis in the United States
- Legal issues of cannabis
- List of Colorado ballot measures
- Civil liberties
- Prohibition of drugs
- Washington Initiative 502
References
- ^ a b Gessler, Scott (February 27, 2012). "Statement of Sufficiency" (PDF). Proposed Initiative 2011-12 #30. Department of State, State of Colorado. Retrieved 19 June 2012.
- ^ "Ballot Measures: A Liberal Drift". The Economist. 10 November 2012. Retrieved 12 November 2012.
- ^ Ingold, John (11 June 2012). "Colorado marijuana measure's backers, foes buoyed by out-of-state support". The Denver Post. Retrieved 19 June 2012.
- ^ "Governor signs Amendment 64, marijuana officially legal in Colorado | FOX31 Denver". November 30, 2020. Archived from the original on 2020-11-30.
- ^ a b Healy, Jack (1 January 2014). "Colorado Stores Throw Open Their Doors to Pot Buyers". The New York Times.
- ^ "Municipal Retail Marijuana Status". Colorado Municipal League. April 2017. Archived from the original on 2018-01-24. Retrieved 2018-01-23.
- ^ Jon Murray and John Aguilar The Denver Post (28 December 2014). "Colorado cities and towns take diverging paths on recreational pot".
- ^ Amendment 64: (3).b
- ^ Amendment 64: (3).a
- ^ Amendment 64:(3).a, 64:(3).b, and 64:(3).c
- ^ Amendment 64:(1).b-III and 64:(6).b
- ^ Amendment 64:(7)
- ^ Amendment 64:(2).d
- ^ Amendment 64:(1).c and 64:(5).j
- ^ Amendment 64:(4)
- ^ "Archived copy". Archived from the original on 2018-05-01. Retrieved 2018-04-30.
{{cite web}}
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- ^ Obama leads by 4 in Colorado. October 25, 2012.
- ^ "Polling Results" (PDF). Public Policy Polling. 9 December 2013.
- ^ Scott Bomboy (2013-01-05). "Pot luck? States push Obama for legal cannabis ruling". Blog.constitutioncenter.org. Retrieved 2013-05-06.
- ^ "The Will of the Voters | Washington Office on Latin America". Wola.org. 2012-11-13. Retrieved 2013-05-06.
- ^ "El Congreso mexicano recibe una iniciativa para legalizar la marihuana - Nacional - CNNMéxico.com". Mexico.cnn.com. 15 November 2012. Retrieved 2013-05-06.
- ^ Miron, J. 2004. Liberal Versus Libertarian Views on Drug Legalization. The New Prohibition: Voices of Dissent Challenge the Drug War. (Sheriff Bill Masters, Ed.).: Accurate Press
- ^ "POINT/COUNTERPOINT: Marijuana legalization amendment". Gazette.com. 2012-09-21. Archived from the original on 2013-01-27. Retrieved 2013-05-06.
- ^ Roberts, Michael (2012-10-17). "Marijuana: Amendment 64 supported, attacked by religious leaders in ongoing endorsement war - Denver - News - The Latest Word". Blogs.westword.com. Archived from the original on 2013-05-09. Retrieved 2013-05-06.
- ^ a b "Bolster Colorado's Economy | Yes on Amendment 64: The Colorado Campaign to Regulate Marijuana Like Alcohol". Regulatemarijuana.org. Archived from the original on 2013-05-04. Retrieved 2013-05-06.
- ^ a b Section 16. Personal use and regulation of marijuana. June 3, 2011.
- ^ a b "Miron, J. 2004. The Economics of Illicit Drugs: Harm from Prohibition versus Harm from Drugs. Economics Uncut: A Complete Guide to Life,Death, and Misadventure. (Simon Bowmaker, Ed.).: Edward Elgar".
- ^ "Regulating Marijuana Works! | Yes on Amendment 64: The Colorado Campaign to Regulate Marijuana Like Alcohol". Regulatemarijuana.org. Archived from the original on 2013-05-04. Retrieved 2013-05-06.
- ^ a b c 09/07/2012 3:37 pm Updated: 09/07/2012 4:17 pm (7 September 2012). "Marijuana Usage Down Among Colorado Teens, Up Nationally: Study Shows". Huffingtonpost.com. Retrieved 2013-05-06.
{{cite news}}
: CS1 maint: numeric names: authors list (link) - ^ "CDC - YRBSS - Youth Risk Behavior Surveillance System - Adolescent and School Health". Cdc.gov. Retrieved 2013-05-06.
- ^ "Vote No on 64 Fact Sheet" (PDF). Archived from the original (PDF) on October 30, 2012. Retrieved October 24, 2012.
- Denver Post. October 15, 2012. Retrieved November 17, 2012.
- ^ Amendment 64:(9)
- ^ Blog Post. "Colorado governor to potheads: 'Don't break out the Cheetos' - U.S. News". Usnews.nbcnews.com. Retrieved 2013-05-06.
- ^ Gov. Hickenlooper signs Amendment 64 proclamation, creates task force to recommend needed legislative actions, Governor of Colorado, December 10, 2012, archived from the original on February 16, 2013, retrieved February 25, 2013
- ^ Lopez, Tyler (March 13, 2013). "Colorado marijuana task force issues 58 recommendations on how pot should be grown, sold and taxed". 7 News. KMGH-TV. Archived from the original on 2014-01-02.
- Think Progress.
- ^ "Gov. Signs Marijuana Bills Into Law". KKTV. AP. 29 May 2013. Archived from the original on 21 September 2013.
- ^ HB 13-1317 Implement Amendment 64 Majority Recommendation; HB 13-1318 Retail Marijuana Taxes; SB 13-283 Implement Amendment 64 Consensus Recommendations; HB 13-1325 Inferences For Marijuana And Driving Offenses; SB 13-250 Drug Sentencing Changes
- ^ Ingold, John (10 September 2013). "Colorado first state in country to finalize rules for recreational pot". The Denver Post.
- ^ Meyer, Jeremy P. (17 September 2013). "Denver council passes historic retail marijuana rules and regulations". The Denver Post.
- ^ Kall, David M. (28 May 2013). "Legislature approves historic marijuana sales and excise taxes in Colorado". Archived from the original on 12 November 2013. Retrieved 21 June 2013.
- ^ Roberts, Michael (13 September 2013). "Marijuana: Colorado NORML board opposes recreational pot tax measure". Westword. Archived from the original on 21 September 2013. Retrieved 19 September 2013.
- ^ The Denver Post Editorial Board (18 September 2013). "NORML needs to get on board on Colorado pot taxes". The Denver Post.
- ^ Meyer, Jeremy P. (5 November 2013). "Denver voters backing 3.5 percent tax on pot". The Denver Post.
- ^ "Sales Tax Rates Denver Treasury Division". Archived from the original on 11 September 2013. Retrieved 19 September 2013.
- ^ "Colorado Localities Make Own Rules Before Final Decision on Marijuana Sales". The New York Times. 13 June 2013.
- ^ "Amendment 64" (PDF).
- ^ "Amendment 64 passes in El Paso County". Colorado Springs Gazette. Archived from the original on 2016-04-20. Retrieved 2016-04-02.
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- ^ Thomas E. Cronin and Robert D. Loevy, "John Suthers moves from pot law to potholes," Colorado Springs Gazette, 30 May 2015.
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- ^ a b KKTV. "Ban On Retail Marijuana In Pueblo County?". Archived from the original on 2016-04-04. Retrieved 2016-04-02.
- ^ "Colorado collects $44 million in recreational marijuana taxes for 2014, below projections". Star Tribune. February 10, 2015. Archived from the original on February 11, 2015. Retrieved February 11, 2015.
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"Colorado marijuana sales skyrocket to more than $996 million in 2015". The Cannabist. February 9, 2016. Retrieved April 28, 2016.
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- ^ Keegan Hamilton (August 25, 2015), "How America's Legal Weed Is Changing the Black Market and Influencing Mexican Cartels", Vice
- Donald B. Verrilli, Jr.; et al. (December 16, 2015), States of Nebraska and Oklahoma, plaintiffs v. State of Colorado - on motion for leave to file a bill of complaint brief for the United States as amicus curiae(PDF), United States Department of Justice
- ^ a b Richard Wolf; Trevor Hughes (March 21, 2016), "Justices won't hear Nebraska, Oklahoma marijuana dispute with Colorado", USA Today
- ^ "Nebraska and Oklahoma v. Colorado Motion for leave to file a bill of complaint denied on March 21, 2016.", SCOTUSblog
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