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Amendment 64 Task Force Recommendations To Be Handed Off To Colorado Legislature

By on Mar 5, 2013 in Blog, Boulder Colorado Law Advice Blogs | 0 comments

The Amendment 64 Task Force Has Completed Their List Of Recommendations

Green marijuana plant in a terracotta pot on a blue background On February 28th, The Amendment 64 Task Force in Colorado, which was assigned with creating recommendations concerning marijuana sales in the state, will be passing off their ideas to the Colorado state legislature for reviewing. The legislature will have to decide exactly what the details will include and how exactly they are to be implemented.

The task force has developed and put forth many recommendations for the legislature to review and take into consideration. These included, but were certainly not limited to, laws regarding:

  • Acceptable locations for dispensaries
  • Times of operation for dispensaries
  • How to conduct out-of-state sales of marijuana to non-residents
  • Requiring dispensary applicants to be residents of Colorado for at least 2 years
  • How marijuana is to be taxed

The topics above mentioned are important for a few reasons and each in their own right have far reaching implications. For dispensaries, acceptable locations and the allowable times of operation are important so that the availability to underage users is mitigated. As you can imagine, there will be a limit set on how close in proximity a dispensary can operate near places where children frequent, such as schools and parks. The time of operation will probably be set in a way similar to bars, where they are not allowed to remain open past a certain time.

The issue of how out-of-state sales to non-Colorado residents is also a rather tricky subject. It is imagined that since medical marijuana is legal in many states, growers in Colorado should be able to sell their “medicine” to whomever, wherever the law permits. This becomes problematic when you consider states where it is not legal, people using fraudulent medical cards, and ensuring no one under the set age can acquire it.

By making those applying for a dispensary license show proof of having been a resident of Colorado for at least 2 years, legislature will essentially be ensuring that everyone in the country who wanted to open up a pot bodega does not flood into Colorado, and that Colorado residents themselves have the option to open up a dispensary first if they so chose.

Finally, figuring out how marijuana will be taxed is the biggest, and most controversial issue. It is known that marijuana will certainly be taxed more than tobacco, but less than alcohol. The reason this topic is so controversial is that the major selling point to residents for passing Amendment 64 was that the tax revenue generated was going to be first and foremost be spent on the Colorado education system. However, it is now uncertain exactly how much revenue can be generated, and it is suspected that the initial figures were far from accurate.

A Few Concerning Points That Always Arise

As you can imagine when discussing a topic such as the legalization of a narcotic, there is always going to be concerns that are hard to mitigate or know the severity of without first having experienced it. Currently there are a handful of concerns that constantly come up, the answers to which are still unknown. These concerns include:

  • Homeless people moving to Colorado to smoke weed
  • New training required for law enforcement
  • Revision to the Colorado Clean Air Act (CCAA) for marijuana smoke
  • Underage kids trying to procure marijuana

Each of these concerns are important and worth noting, however, they don’t seem to be large enough problems that should draw much attention. For starters, there is an odd idea that a slew of homeless people are going to flood into Colorado so that they can smoke weed. Also that troubled teens are more likely to refrain from seeking help as they’ll simply just get high. I find it hard to imagine that a homeless persons major concern is going to be where they can legally smoke weed, and decide based upon that, where they are going to live. Also the idea that more teens are going to be homeless because they smoke weed is ludicrous at best. That idea is believed by many to be nothing more than a fear mongering scare tactic.

There is no doubt that law enforcement will need training in order to deal with the new laws being passed. However, the learning curve should not be that steep considering we have already legalized medicinal marijuana in the state. So the training necessary for an officer to discern whether a person is high, and how high they are, should already be known. The only new training that would be needed is to update the officers of the new laws being enacted, and what that means for them.

The revisions that need to take place for the Colorado Clean Air Act are such that they will be set similar to that of smoking cigarettes. Where certain locations and areas will be smoke free, and perhaps restricting people from smoking outdoors and in public places.

Finally, it should be a major concern that children and anyone underage is not able, or easily able to purchase or procure marijuana for themselves. The only issue is that, well, kids will be kids. We have a very decent system in place to prevent children from being able to purchase alcohol, yet, they are still quite able to get a hold of it. It’s uncertain exactly what laws will be put in place to ensure marijuana doesn’t fall into the wrong hands, it can only be hoped however, that those laws do not make it more difficult for dispensaries to do business than they do for liquor stores or bars. It is believed though, that thus far, all laws being recommended are fair and take both sides into account.

If you have been convicted of a DUI in Colorado, we recommend you seek out a Boulder DUI Attorney immediately. If you are neeing help, The Clark Law Firm can help you! At The Clark Law Firm, we understand that the law can be a tricky course to navigate, which is why if you or a loved one is in need of a Colorado DUI Attorney, you should contact us immediately so that he can review your case and help guide you down the right path.


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