Cannabis in Colorado

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Cannabis dispensary in Denver

Cannabis in Colorado refers to cannabis (legal term marijuana) use and possession in Colorado, United States. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to legalization in January 2014.[1] The policy has led to cannabis tourism.[2] There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.[3]

History[edit]

Prohibition (1917)[edit]

Amidst an early 20th century trend of limiting the drug, Colorado first restricted cannabis on March 30, 1917.[4][5][6] In November 1914 Colorado voters approved the 22nd Amendment to the Colorado Constitution, also known as the Prohibition Amendment, prohibiting alcohol beginning January 1, 1916;[7] and on December 18, 1917 the Eighteenth Amendment (establishing Prohibition) was proposed by Congress.

Shortly after the 1937 Marihuana Tax Act went into effect on October 1, 1937, the Federal Bureau of Narcotics and Denver Police Department arrested Moses Baca for possession and Samuel Caldwell for dealing. Baca and Caldwell's arrest made them the first marijuana convictions under U.S. federal law for not paying the marijuana tax. Judge Foster Symes sentenced Baca to 18 months and Caldwell to four years in Leavenworth Penitentiary for violating the 1937 Marihuana Tax Act.[citation needed]

Decriminalization (1975)[edit]

In 1975, during a decade-long wave of decriminalization in the country, Colorado decriminalized marijuana.[8] A contributing factor was the work on behalf of NORML by Pitkin County Deputy District Attorney Jay Moore, who helped win over the legislature's Republican leadership with arguments as to money wasted on needless enforcement of marijuana laws.[9][needs update]

Medical marijuana (2000)[edit]

On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces of medical marijuana and may cultivate no more than six marijuana plants (no more than three of these mature flowering plants at a time). Patients who are caught with more than this in their possession may argue "affirmative defense of medical necessity" but are not protected under state law with the rights of those who stay within the guidelines set forth by the state.[10] Furthermore, doctors, when making a patient recommendation to the state can recommend the rights to possess additional medicine and grow additional plants, because of the patient's specific medical needs. Conditions recognized for medical marijuana in Colorado include: cachexia; cancer; chronic pain; chronic nervous system disorders; epilepsy and other disorders characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea. Additionally, patients may not use medical marijuana in public places or in any place where they are in plain view, or in any manner which may endanger others (this includes operating a vehicle or machinery after medicating). Colorado medical marijuana patients cannot fill prescriptions at a pharmacy because under federal law, marijuana is classified as a schedule I drug. Instead, patients may get medicine from a recognized caregiver or a non-state-affiliated club or organization, usually called a dispensary. Dispensaries in Colorado offer a range of marijuana strains with different qualities, as well as various "edibles" or food products that contain marijuana extracts. Certain dispensaries also offer patients seeds and "clones" for those who want to grow their own medicine.[11]

In April 2013, the Colorado Court of Appeals held in Coats v. Dish Network that since marijuana remains against federal law, employers can use that standard rather than state law as a rationale for banning off-the-job worker use, and are not bound by Colorado's Lawful Activities Statute:[12][13][14]

The primary question before us is whether federally prohibited but state-licensed medical marijuana use is "lawful activity" under section 24-34-402.5, C.R.S. 2012, Colorado's Lawful Activities Statute. If it is, employers in Colorado would be effectively prohibited from discharging an employee for off-the-job use of medical marijuana, regardless that such use was in violation of federal law. We conclude, on reasoning different from the trial court's analysis, that such use is not "lawful activity."

On June 10, 2016 Governor John Hickenlooper signed House Bill 16-1359. This bill stated that the court shall not prohibit the use or possession of medical marijuana as a condition of probation unless the individual is sentenced to probation for a conviction under Article 43.3 of Title 12, C.R.S.; or if the court determines based upon any material evidence that such a prohibition is necessary and appropriate to accomplish the goals of sentencing stated in 18-1-102.5, C.R.S.[15]

Recreational marijuana (2012)[edit]

News report from Voice of America about the business of cannabis in Colorado - published March 20, 2015

Since the enactment of Colorado Amendment 64 in November 2012, adults aged 21[16] or older can grow up to six marijuana plants (with no more than half being mature flowering plants) privately in a locked space, legally possess all marijuana from the plants they grow (as long as it stays where it was grown),[17] legally possess up to one ounce of marijuana while traveling,[18] and give as a gift up to one ounce to other citizens 21 years of age or older. Any adult in Colorado's territory may possess up to one ounce of marijuana at any time, regardless of whether they are an in-state resident or an out-of-state visitor, as of 2016. Retail concentrate/edible limits are as follows: 8g of retail concentrate will be equal to 1oz of flower, and therefore 800mg of THC in the form of retail edibles will be equal to 1oz of retail flower.[19] Consumption is permitted in a manner similar to alcohol, with equivalent offenses prescribed for driving.[20] Consumption in public was recently passed in Denver under Ordinance 300 with a vote of 53% for legal public consumption, and a 46% vote against. Within 60 days the new rules will be written and should be similar to current public alcohol consumption rules and regulations.[21][22][23] Amendment 64 also provides for licensing of cultivation facilities, product manufacturing facilities, testing facilities, and retail stores.[24] Visitors and tourists in Colorado can use and purchase marijuana, but face prosecution if found in possession in any adjacent state. Denver airport has banned all possession of marijuana but admits it has not charged a single person with possession nor has the airport seized any marijuana since the ban went into effect.[25][26]

Governor Hickenlooper signed several bills into law on May 28, 2013 implementing the recommendations of the Task Force on the Implementation of Amendment 64.[27][28][29][30] On September 9, 2013, the Colorado Department of Revenue adopted final regulations for recreational marijuana establishments, implementing the Colorado Retail Marijuana Code (HB 13-1317).[31] On September 16, 2013, the Denver City Council adopted an ordinance for retail marijuana establishments.[32][33] The state prepared for an influx of tourists with extra police officers posted in Denver. Safety fears led to officials seeking to limit use of the drug in popular ski resorts.[34] According to a Quinnipiac University poll released July 21, 2014, Coloradans continued to support the state's legalization of marijuana for recreational use by a margin of 54–43 percent. At the same time, the poll indicated 66 percent of voters there think marijuana use should be legal in private homes and in members-only clubs, but should not be legal in bars, clubs or entertainment venues where alcohol is served. Sixty-one percent of respondents also said laws regulating marijuana use should be as strict as laws regulating alcohol use.[35]

During 2014, the first year of implementation of Colorado Amendment 64, Colorado's legal marijuana market (both medical and recreational) reached total sales of $700 million.[36] In September 2014, legislation was submitted by Alabama senator Jeff Sessions to ensure that Electronic Benefit Transfer cards could not be used to purchase marijuana, as the United States Department of Health and Human Services stated that their usage in marijuana shops was not prohibited.[37]

Regulation[edit]

General regulations for the legal commercial production and vending of marijuana in the state, which continue to be updated by the General Assembly, are published through the Marijuana Enforcement Division of the Department of Revenue[38]

Hemp is defined as any form of the cannabis plant which has less than "3/10's of one percent" delta-9-THC. The state department of agriculture regulates hemp production.[3]

Impaired driving[edit]

Like other states, driving while impaired by any drug is illegal in Colorado, though it took the legislature six attempts and three years to pass marijuana intoxication measures.[39] Ultimately the legislators decided on a nanogram limit in the bloodstream, though the number they picked was scoffed at by activists.[40] Today Colorado law states that juries may convict a person of marijuana intoxication if they have five or more nanograms of THC per milliliter of blood, but defendants are allowed to argue that they were not intoxicated despite having such levels of THC in their bloodstream.[41]

Results[edit]

The Colorado amendment 64, which was passed by voters on November 6, 2012, led to legalization in January 2014. Colorado's 8% increase in unemployment rate since 2014 was not as bad as that of other states in the region, like Nevada. Some experts argue that unemployment would have more than doubled without legalization. The Colorado state budget has shown dramatic increases in education, often used to build, upgrade, and increase school safety and funding due to tax revenue from legalization.

In Colorado, fewer teens report using marijuana than said they did prior to legalization. Surveys conducted in Colorado interviewed over 17,000 students in middle & high school showing that from 2009 to 2015 the rates in which teenagers smoked marijuana has decreased. Colorado has also seen the percentage of teenagers who have smoked marijuana in the past 30 days drop to 21%, from 25%.[42]

The number of teenagers sent to emergency rooms more than quadrupled after marijuana was legalized.[43][44] The state has also seen car crash claim rates increase after legalization,[45] but there has been no increase in fatalities in comparison with other states. Colorado's youth marijuana use rate dipped after legalization and is lower than the national average.[46]

In 2014, Colorado invested $2 million generated from marijuana sales tax revenue on campaigns aimed at anti-marijuana education of minors and the state has plans to spend double that amount, $4 million in 2015 (out of a total projected marijuana sales tax revenue of $125 million). The current campaigns provide information on marijuana laws, the impacts of youth use, the dangers of driving under the influence of any drug, and the harmful side effects of using marijuana.[47]

In 2017, the government of Colorado collected over $247 million in taxes, fees, and licensing costs.[48]

See also[edit]

References[edit]

  1. ^ Miller, Joshua (February 22, 2016). "In Colo., a look at life after marijuana legalization". Boston Globe. Retrieved May 6, 2018. 
  2. ^ Jason Blevins (9 December 2015). "Marijuana has huge influence on Colorado tourism, state survey says". The Denver Post. Retrieved 6 May 2018. 
  3. ^ a b "Industrial Hemp". 
  4. ^ Sarah E. Boslaugh (8 December 2015). The SAGE Encyclopedia of Pharmacology and Society. SAGE Publications. pp. 1758–. ISBN 978-1-5063-4618-2. 
  5. ^ Horner, Kylie (30 March 2012). "Marijuana criminalized in Colorado 95 years ago today: Unhappy anniversary?". Westword. 
  6. ^ Session Laws of Colorado. 21st Assembly. 1917. Ch. 39, p. 120. OCLC 1564150. 
  7. ^ Kreck, Dick (5 July 2009). "High, dry times as Prohibition era sobered Denver". The Denver Post. Archived from the original on 2014-01-06. 
  8. ^ Robert J. MacCoun; Peter Reuter (27 August 2001). Drug War Heresies: Learning from Other Vices, Times, and Places. Cambridge University Press. pp. 46–. ISBN 978-0-521-79997-3. 
  9. ^ Patrick Anderson (17 May 2015). High in America. Garrett County Press. pp. 144–. ISBN 978-1-939430-16-8. 
  10. ^ "Marijuana Law Reform". NORML. 1970-01-01. Retrieved 2011-04-20. 
  11. ^ CDPHE Archived May 21, 2009, at the Wayback Machine.
  12. ^ Ingold, John (25 April 2013). "Colorado court upholds firing for off-the-job medical marijuana use". The Denver Post. 
  13. ^ Roberts, Michael (26 April 2013). "Marijuana: Paralyzed MMJ patient plans Supreme Court appeal over DISH sacking". Westword. 
  14. ^ Coats v. Dish Network, 2013 COA 62 (25 April 2013).
  15. ^ "Bill Folder" (PDF). Colorado General Assembly. Colorado General Assembly. June 10, 2016. Retrieved October 12, 2016. 
  16. ^ "Marijuana Laws Colorado". 
  17. ^ Amendment 64: (3).b
  18. ^ Amendment 64: (3).a
  19. ^ Amendment 64:(3).a, 64:(3).b, and 64:(3).c
  20. ^ Amendment 64:(1).b-III and 64:(6).b
  21. ^ The Denver Post Editorial Board (30 September 2013). "In Colorado, you still can't smoke marijuana in public". The Denver Post. 
  22. ^ Caldwell, Alicia (19 October 2013). "Colorado must carefully define 'public consumption' of marijuana". The Denver Post. 
  23. ^ Lee, Kurtis (11 November 2013). "Denver to continue tweaks to public pot consumption law". The Denver Post. 
  24. ^ Amendment 64:(4)
  25. ^ "Despite ban, no marijuana seized and no citations at Denver airport". www.denverpost.com. Retrieved 2016-04-02. 
  26. ^ "Where to buy legal Marijuana Shops, Maps, Laws". North Denver News. 20 March 2014. 
  27. ^ Flatow, Nicole (28 May 2013). "Six Ways Colorado Will Regulate Marijuana Like Alcohol". Think Progress. 
  28. ^ "Gov. Signs Marijuana Bills Into Law". KKTV. AP. 29 May 2013. Archived from the original on 21 September 2013. 
  29. ^ Kall, David M. (28 May 2013). "Legislature approves historic marijuana sales and excise taxes in Colorado". 
  30. ^ 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
  31. ^ Ingold, John (10 September 2013). "Colorado first state in country to finalize rules for recreational pot". The Denver Post. 
  32. ^ Meyer, Jeremy P. (17 September 2013). "Denver council passes historic retail marijuana rules and regulations". The Denver Post. 
  33. ^ Healy, Jack (1 January 2014). "Colorado Stores Throw Open Their Doors to Pot Buyers". The New York Times. 
  34. ^ Nick Allen (31 December 2013). "Colorado becomes first US state to sell cannabis". telegraph.co.uk. Retrieved 2 January 2014. 
  35. ^ "July 21, 2014 - Limit Marijuana To Home, Members-Only Clubs, Colorado Voters Tell Quinnipiac University Poll; 50% Back Supreme Court On Contraception". quinnipiac.edu. Quinnipiac University. Retrieved 21 July 2014. 
  36. ^ "Colorado's legal weed market: $700 million in sales last year, $1 billion by 2016". The Washington Post. February 12, 2015. Retrieved February 12, 2015. 
  37. ^ Miller, S.A. (9 September 2014). "Welfare recipients can use debit cards for marijuana". Washington Times. Retrieved 19 February 2015. 
  38. ^ "Marijuana Enforcement". 
  39. ^ "Marijuana DUI Bill Passes In Colorado Senate, Appears Poised To Become Law". The Huffington Post. 7 May 2013. 
  40. ^ Michael Roberts (8 May 2013). "THC driving limit's passage means pot critic William Breathes may never drive legally again". Westword. 
  41. ^ "Marijuana Laws in Colorado". Colorado Pot Guide. 
  42. ^ Ingraham, Christopher. "Now we know what happens to teens when you make pot legal". The Washington Post. Retrieved 17 October 2016. 
  43. ^ Fox, Maggie (May 4, 2017). "ER Visits for Kids Rise Significantly After Pot Legalized in Colorado". NBC News. Retrieved May 6, 2018. 
  44. ^ "ER visits related to marijuana use at a Colorado hospital quadruple after legalization". May 4, 2017. Retrieved May 6, 2018. 
  45. ^ Stettler, Sarah (22 June 2017). "Study: Colorado sees car crash claim rates increase after legalization of marijuana". KDVR, FOX31 Denver. Retrieved May 6, 2018. 
  46. ^ "Colorado's Teen Marijuana Usage Dips after Legalization". Scientific American. 
  47. ^ "Retail marijuana technical assistance". Colorado Department of Public Health and Environment. 2013. Retrieved 22 November 2014. 
  48. ^ "Marijuana Tax Data". Colorado Department of Revenue. Retrieved May 6, 2018 – via colorado.gov. 

External links[edit]