It's unfortunate that long time grass roots activists in Colorado are coming out against A64. Why?
1. A64 does not repeal the majority of jail-able offenses (felonies)and leaves marijuana in the definitions of the state Controlled Substances Act, which makes all cannabis users subject to lose: employment, unemployment benefits, housing, school grants, government aid,child custody, fire arms and occupational licenses (of which DORA says 75% of workers in Colorado have). To suggest that under Amendment 64 all adult use and cultivation of marijuana is no longer criminalized is not only misleading, but will result in increased arrests.
2. Beinor-V-ICAO, People-v-Watkins and the Blue Sky rulings seriously compromise the intentions of the Amendment 64 language before it is even voted on.
3. Provides no relief for the most affected and arrested adults age 18 - 20. (especially those from disadvantages communities).
4. Amendment 64 contains no proper legal deterrent to federal intervention and the surplus of $40 million via a constitutionally infirm excise tax will not stand in court. The soonest authorized retail sales for adults could be 2014, if at all. Forcing adults to rely on the black market in the interim.
5. Amendment 64 is designed to shut down MMJ. (A64 fiscal impact white paper predicts an 79% defection in registered MMJ patients to the recreational market) No MMJ centers can survive such a decline in the MMJ market.
6. Amendment 64 allows towns to ban all marijuana sales, which bolsters the black market, as most of the state has already banned MMJ (over 95 bans statewide). This forces adults in ban areas to rely on illegal sales and risk criminal prosecution.
7. Amendment 64 sets a dangerous legal precedent of applying taxes to agricultural seed. (viable marijuana seed is defined as marijuana in Amendment 64). Per 39-26-716(4)(b) all sales and purchases of seeds are exempt from sales tax in Colorado. Amendment 64 taxes viable marijuana seed and specifically creates an excise tax on viable marijuana seed and this precedent could be incredibly harmful to Colorado farmers who use viable seed to produce non cannabis agriculture.
8. Amendment 64 provides no legal guidance on hemp and merely mandates the general assembly to pass legislation. This still allows the general assembly to ban hemp production.
9. Amendment 64 enshrines "driving while under the influence" (any amount over zero) and "driving while impaired" into our constitution, by deferring to current State DUID limits could prevent MMJ patients and other wise responsible adults who consume cannabis from legally driving."
10. At least 99% of the marketing of A64 over the last year has been done in violation of 1-13-109CRS-Concerning the election offense of making false statements designed to affect the vote. (
http://www.state.co.us/gov_dir/leg_dir/olls/sl2005a/sl_305.htm). Telling everyone that A64 legalizes when the A64 campaign argued at title board hearings that A64 did NOT legalize, qualifies--and the question becomes--why lie? Why promise voters the whole enchilada only to serve up white rice?
I too want to legalize but voting no does not mean you are against legalization as A64 does not legalize, just like the author and attorneys said at the title board hearings. It saddens me that 3 million has been spent in the name of legalization via A64, when no language in A64 actually legalizes marijuana. The authors and funders of A64 were the same for A20. We have learned with our MMJ amendment, that unless the language is clear and concise about legalization or rights--there is/are none. The language in A64 offers less protection than A20. People who think the courts will rule that "recreational users" have more protections than qualifying patients with medical necessity are sadly incorrect. Let us figure out how to correct bad MMJ case law before we add more problematic issues for everyone over 21. After all, is there an adult out there who can't access pot in Colorado when they want it? And current Colorado law for all adults 18 and over (A64 is adults 21 and over) is: 2 ounces or less is a petty offense, ticket-able up to $100. If you CARE about more than "sending a message to the feds and other states" (via our state constitution), then please, vote NO on 64.
If you CARE about more than just getting high, then please vote NO on 64.
and you can look here for more:
http://cannabispolicy.wordpress.com/