Category Archives: Magistrates’ Court (England and Wales)
In the interest of audience attention, I am beginning with the shorter, simpler petition.
RELIEF FOR POSSESSION OF CANNABIS ACT 2012
AKA Initiative 40 by Michelle LaMay
Be it enacted by the people of Colorado
Article XVIII of the constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read:
Section 16. Relief for the possession of cannabis.
(1) Purpose and findings.
(a) THE PURPOSE OF THIS SECTION IS TO DIRECT THE JUDICIARY BRANCH OF ALL GOVERNING BODIES IN THE STATE OF COLORADO TO PROHIBIT AND RELIEVE THEIR COURTS FROM IMPOSING ANY FINE OR SENTENCE FOR THE POSSESSION, AND CULTIVATION AND SALE OF CANNABIS.
(b) IT IS IN THE INTEREST OF THE PEOPLE OF THE STATE OF COLORADO THAT THE COURTS BE PROHIBITED AND RELIEVED FROM IMPOSING A FINE OR SENTENCE FOR THE POSSESSION OF CANNABIS BECAUSE THE PEOPLE FIND THAT THE PUNISHMENT FOR POSSESSION, CULTIVATION AND SALE OF CANNABIS EXCEEDS THE FISCAL AND SOCIAL COSTS THAT POSSESSING CANNABIS IMPOSES ON THE PEOPLE OF COLORADO.
(c) IT IS IN THE INTEREST OF THE PEOPLE OF THE STATE OF COLORADO THAT THE COURTS BE PROHIBITED AND RELIEVED FROM IMPOSING A FINE OR SENTENCE FOR THE POSSESSION CULTIVATION AND SALE OF CANNABIS BECAUSE THE PEOPLE FIND THAT THE PUNISHMENT IS INCONSISTENT WITH THE DAMAGE POSSESSING CANNABIS IMPOSES ON THE PEOPLE OF COLORADO.
(d) THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE THAT IT IS NECESSARY TO ENSURE CONSISTENCY AND FAIRNESS IN THE APPLICATION OF THIS SECTION THROUGHOUT THE STATE, AND THAT , THEREFORE, THE MATTERS ADDRESSED BY THIS SECTION ARE DECLARED TO BE MATTERS OF STATEWIDE CONCERN.
(2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) “CANNABIS” MEANS
(I) THE GENUS OF THE CANNABIS PLANT AND ALL ITS SPECIES, LIVING OR DEAD; AND
(II) IN ANY AMOUNT.
(b) “COURTS” MEAN ALL TRIBUNALS ESTABLISHED FOR THE PURPOSE OF ADMINISTERING JUSTICE, INCLUDING ANY JUDICIAL OFFICERS OR “OTHER COURTS” ESTABLISHED BY THE GENERAL ASSEMBLY OF COLORADO AND ALL MUNICIPAL AND POLICE COURTS ESTABLISHED BY HOME RULE CITIES AND TOWNS.
(c) “POSSESSION, CULTIVATION AND SALE OF CANNABIS” MEANS CANNABIS
(I) IN AND ON ONE’S BODY AND CLOTHING; AND
(II) IN ONE’S HOME AND AUTO AND ON ONE’S PROPERTY; AND
(III) SOLD AND DISTRIBUTED.
d) “RELIEVE” MEANS ALLEVIATE.
(3) Other laws unchanged.
NOTHING IN THIS ACT SHALL BE CONSTRUED TO MODIFY ANY PROVISION OF THIS ARTICLE OR ANY OTHER CONSTITUTIONAL OR STATUTORY PROVISION CONCERNING CANNABIS.
(4) Costs of implementing this section.
THIS SECTION ADDS NO FISCAL COSTS TO THE STATE AND IMPOSES NO TAX UPON THE PEOPLE OF THE STATE.
(5) Self-executing, conflicting provisions.
THIS SECTION IS SELF-EXECUTING AND SHALL SUPERCEDE ANY
CONFLICTING STATE, LOCAL, OR MUNICIPAL STATUTES, CODES, ORDINANCES,
(6) Effective date.
THIS SECTION SHALL BECOME EFFECTIVE UPON OFFICIAL DECLARATION OF THE VOTE HEREON BY PROCLAMATION OF THE GOVERNOR, PURSUANT TO SECTION 1(4) OF ARTICLE V OF THIS CONSTITUTION AND SHALL BE APPLIED TO ANYONE WHO HAS A SENTENCING HEARING ON OR AFTER SUCH DATE.
For more information on this initiative, please contact.
This is the language that is already on the ballot for November.
Campaign To Regulate Marijuana Like Alcohol
text of petition retrieved from: http://www.regulatemarijuana.org/s/regulate-marijuana-alcohol-act-2012
The Regulate Marijuana Like Alcohol Act of 2012
Be it Enacted by the People of the State of Colorado
Article XVIII of the constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read:
Section 16. Personal use and regulation of marijuana
(1) Purpose and findings.
(a) IN THE INTEREST OF THE EFFICIENT USE OF LAW ENFORCEMENT RESOURCES, ENHANCING REVENUE FOR PUBLIC PURPOSES, AND INDIVIDUAL FREEDOM, THE PEOPLE OF THE STATE OF COLORADO FIND AND DECLARE THAT THE USE OF MARIJUANA SHOULD BE LEGAL FOR PERSONS TWENTY-ONE YEARS OF AGE OR OLDER AND TAXED IN A MANNER SIMILAR TO ALCOHOL.
(b) IN THE INTEREST OF THE HEALTH AND PUBLIC SAFETY OF OUR CITIZENRY, THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE THAT MARIJUANA SHOULD BE REGULATED IN A MANNER SIMILAR TO ALCOHOL SO THAT:
(I) INDIVIDUALS WILL HAVE TO SHOW PROOF OF AGE BEFORE PURCHASING MARIJUANA;
(II) SELLING, DISTRIBUTING, OR TRANSFERRING MARIJUANA TO MINORS AND OTHER INDIVIDUALS UNDER THE AGE OF TWENTY-ONE SHALL REMAIN ILLEGAL;
(III) DRIVING UNDER THE INFLUENCE OF MARIJUANA SHALL REMAIN ILLEGAL;
(IV) LEGITIMATE, TAXPAYING BUSINESS PEOPLE, AND NOT CRIMINAL ACTORS, WILL CONDUCT SALES OF MARIJUANA; AND
(V) MARIJUANA SOLD IN THIS STATE WILL BE LABELED AND SUBJECT TO ADDITIONAL REGULATIONS TO ENSURE THAT CONSUMERS ARE INFORMED AND PROTECTED.
(c) IN THE INTEREST OF ENACTING RATIONAL POLICIES FOR THE TREATMENT OF ALL VARIATIONS OF THE CANNABIS PLANT, THE PEOPLE OF COLORADO FURTHER FIND AND DECLARE THAT INDUSTRIAL HEMP SHOULD BE REGULATED SEPARATELY FROM STRAINS OF CANNABIS WITH HIGHER DELTA-9 TETRAHYDROCANNABINOL (THC) CONCENTRATIONS.
(d) THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE THAT IT IS NECESSARY TO ENSURE CONSISTENCY AND FAIRNESS IN THE APPLICATION OF THIS SECTION THROUGHOUT THE STATE AND THAT, THEREFORE, THE MATTERS ADDRESSED BY THIS SECTION ARE, EXCEPT AS SPECIFIED HEREIN, MATTERS OF STATEWIDE CONCERN.
(2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES,
(a) “COLORADO MEDICAL MARIJUANA CODE” MEANS ARTICLE 43.3 OF TITLE 12, COLORADO REVISED STATUTES.
(b) “CONSUMER” MEANS A PERSON TWENTY-ONE YEARS OF AGE OR OLDER WHO PURCHASES MARIJUANA OR MARIJUANA PRODUCTS FOR PERSONAL USE BY PERSONS TWENTY-ONE YEARS OF AGE OR OLDER, BUT NOT FOR RESALE TO OTHERS.
(c) “DEPARTMENT” MEANS THE DEPARTMENT OF REVENUE OR ITS SUCCESSOR AGENCY.
(d) “INDUSTRIAL HEMP” MEANS THE PLANT OF THE GENUS CANNABIS AND ANY PART OF SUCH PLANT, WHETHER GROWING OR NOT, WITH A DELTA-9 TETRAHYDROCANNABINOL CONCENTRATION THAT DOES NOT EXCEED THREE-TENTHS PERCENT ON A DRY WEIGHT BASIS.
(e) “LOCALITY” MEANS A COUNTY, MUNICIPALITY, OR CITY AND COUNTY.
(f) “MARIJUANA” OR “MARIHUANA” MEANS ALL PARTS OF THE PLANT OF THE GENUS CANNABIS WHETHER GROWING OR NOT, THE SEEDS THEREOF, THE RESIN EXTRACTED FROM ANY PART OF THE PLANT, AND EVERY COMPOUND, MANUFACTURE, SALT, DERIVATIVE, MIXTURE, OR PREPARATION OF THE PLANT, ITS SEEDS, OR ITS RESIN, INCLUDING MARIHUANA CONCENTRATE. “MARIJUANA” OR “MARIHUANA” DOES NOT INCLUDE INDUSTRIAL HEMP, NOR DOES IT INCLUDE FIBER PRODUCED FROM THE STALKS, OIL, OR CAKE MADE FROM THE SEEDS OF THE PLANT, STERILIZED SEED OF THE PLANT WHICH IS INCAPABLE OF GERMINATION, OR THE WEIGHT OF ANY OTHER INGREDIENT COMBINED WITH MARIJUANA TO PREPARE TOPICAL OR ORAL ADMINISTRATIONS, FOOD, DRINK, OR OTHER PRODUCT.
(g) “MARIJUANA ACCESSORIES” MEANS ANY EQUIPMENT, PRODUCTS, OR MATERIALS OF ANY KIND WHICH ARE USED, INTENDED FOR USE, OR DESIGNED FOR USE IN PLANTING, PROPAGATING, CULTIVATING, GROWING, HARVESTING, COMPOSTING, MANUFACTURING, COMPOUNDING, CONVERTING, PRODUCING, PROCESSING, PREPARING, TESTING, ANALYZING, PACKAGING, REPACKAGING, STORING, VAPORIZING, OR CONTAINING MARIJUANA, OR FOR INGESTING, INHALING, OR OTHERWISE INTRODUCING MARIJUANA INTO THE HUMAN BODY.
(h) “MARIJUANA CULTIVATION FACILITY” MEANS AN ENTITY LICENSED TO CULTIVATE, PREPARE, AND PACKAGE MARIJUANA AND SELL MARIJUANA TO RETAIL MARIJUANA STORES, TO MARIJUANA PRODUCT MANUFACTURING FACILITIES, AND TO OTHER MARIJUANA CULTIVATION FACILITIES, BUT NOT TO CONSUMERS.
(i) “MARIJUANA ESTABLISHMENT” MEANS A MARIJUANA CULTIVATION FACILITY, A MARIJUANA TESTING FACILITY, A MARIJUANA PRODUCT MANUFACTURING FACILITY, OR A RETAIL MARIJUANA STORE.
(j) “MARIJUANA PRODUCT MANUFACTURING FACILITY” MEANS AN ENTITY LICENSED TO PURCHASE MARIJUANA; MANUFACTURE, PREPARE, AND PACKAGE MARIJUANA PRODUCTS; AND SELL MARIJUANA AND MARIJUANA PRODUCTS TO OTHER MARIJUANA PRODUCT MANUFACTURING FACILITIES AND TO RETAIL MARIJUANA STORES, BUT NOT TO CONSUMERS.
(k) “MARIJUANA PRODUCTS” MEANS CONCENTRATED MARIJUANA PRODUCTS AND MARIJUANA PRODUCTS THAT ARE COMPRISED OF MARIJUANA AND OTHER INGREDIENTS AND ARE INTENDED FOR USE OR CONSUMPTION, SUCH AS, BUT NOT LIMITED TO, EDIBLE PRODUCTS, OINTMENTS, AND TINCTURES.
(l) “MARIJUANA TESTING FACILITY” MEANS AN ENTITY LICENSED TO ANALYZE AND CERTIFY THE SAFETY AND POTENCY OF MARIJUANA.
(m) “MEDICAL MARIJUANA CENTER” MEANS AN ENTITY LICENSED BY A STATE AGENCY TO SELL MARIJUANA AND MARIJUANA PRODUCTS PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE.
(n) “RETAIL MARIJUANA STORE” MEANS AN ENTITY LICENSED TO PURCHASE MARIJUANA FROM MARIJUANA CULTIVATION FACILITIES AND MARIJUANA AND MARIJUANA PRODUCTS FROM MARIJUANA PRODUCT MANUFACTURING FACILITIES AND TO SELL MARIJUANA AND MARIJUANA PRODUCTS TO CONSUMERS.
(o) “UNREASONABLY IMPRACTICABLE” MEANS THAT THE MEASURES NECESSARY TO COMPLY WITH THE REGULATIONS REQUIRE SUCH A HIGH INVESTMENT OF RISK, MONEY, TIME, OR ANY OTHER RESOURCE OR ASSET THAT THE OPERATION OF A MARIJUANA ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED OUT IN PRACTICE BY A REASONABLY PRUDENT BUSINESSPERSON.
(3) Personal use of marijuana. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE UNDER COLORADO LAW OR THE LAW OF ANY LOCALITY WITHIN COLORADO OR BE A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY-ONE 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.
(4) Lawful operation of marijuana-related facilities. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE FOLLOWING ACTS ARE NOT UNLAWFUL AND SHALL NOT BE AN OFFENSE UNDER COLORADO LAW OR BE A BASIS FOR SEIZURE OR FORFEITURE OF ASSETS UNDER COLORADO LAW FOR PERSONS TWENTY-ONE YEARS OF AGE OR OLDER:
(a) MANUFACTURE, POSSESSION, OR PURCHASE OF MARIJUANA ACCESSORIES OR THE SALE OF MARIJUANA ACCESSORIES TO A PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER.
(b) POSSESSING, DISPLAYING, OR TRANSPORTING MARIJUANA OR MARIJUANA PRODUCTS; PURCHASE OF MARIJUANA FROM A MARIJUANA CULTIVATION FACILITY; PURCHASE OF MARIJUANA OR MARIJUANA PRODUCTS FROM A MARIJUANA PRODUCT MANUFACTURING FACILITY; OR SALE OF MARIJUANA OR MARIJUANA PRODUCTS TO CONSUMERS, IF THE PERSON CONDUCTING THE ACTIVITIES DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID LICENSE TO OPERATE A RETAIL MARIJUANA STORE OR IS ACTING IN HIS OR HER CAPACITY AS AN OWNER, EMPLOYEE OR AGENT OF A LICENSED RETAIL MARIJUANA STORE.
(c) CULTIVATING, HARVESTING, PROCESSING, PACKAGING, TRANSPORTING, DISPLAYING, OR POSSESSING MARIJUANA; DELIVERY OR TRANSFER OF MARIJUANA TO A MARIJUANA TESTING FACILITY; SELLING MARIJUANA TO A MARIJUANA CULTIVATION FACILITY, A MARIJUANA PRODUCT MANUFACTURING FACILITY, OR A RETAIL MARIJUANA STORE; OR THE PURCHASE OF MARIJUANA FROM A MARIJUANA CULTIVATION FACILITY, IF THE PERSON CONDUCTING THE ACTIVITIES DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID LICENSE TO OPERATE A MARIJUANA CULTIVATION FACILITY OR IS ACTING IN HIS OR HER CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA CULTIVATION FACILITY.
(d) PACKAGING, PROCESSING, TRANSPORTING, MANUFACTURING, DISPLAYING, OR POSSESSING MARIJUANA OR MARIJUANA PRODUCTS; DELIVERY OR TRANSFER OF MARIJUANA OR MARIJUANA PRODUCTS TO A MARIJUANA TESTING FACILITY; SELLING MARIJUANA OR MARIJUANA PRODUCTS TO A RETAIL MARIJUANA STORE OR A MARIJUANA PRODUCT MANUFACTURING FACILITY; THE PURCHASE OF MARIJUANA FROM A MARIJUANA CULTIVATION FACILITY; OR THE PURCHASE OF MARIJUANA OR MARIJUANA PRODUCTS FROM A MARIJUANA PRODUCT MANUFACTURING FACILITY, IF THE PERSON CONDUCTING THE ACTIVITIES DESCRIBED IN THIS PARAGRAPH HAS OBTAINED A CURRENT, VALID LICENSE TO OPERATE A MARIJUANA PRODUCT MANUFACTURING FACILITY OR IS ACTING IN HIS OR HER CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA PRODUCT MANUFACTURING FACILITY.
(e) POSSESSING, CULTIVATING, PROCESSING, REPACKAGING, STORING, TRANSPORTING, DISPLAYING, TRANSFERRING OR DELIVERING MARIJUANA OR MARIJUANA PRODUCTS IF THE PERSON HAS OBTAINED A CURRENT, VALID LICENSE TO OPERATE A MARIJUANA TESTING FACILITY OR IS ACTING IN HIS OR HER CAPACITY AS AN OWNER, EMPLOYEE, OR AGENT OF A LICENSED MARIJUANA TESTING FACILITY.
(f) LEASING OR OTHERWISE ALLOWING THE USE OF PROPERTY OWNED, OCCUPIED OR CONTROLLED BY ANY PERSON, CORPORATION OR OTHER ENTITY FOR ANY OF THE ACTIVITIES CONDUCTED LAWFULLY IN ACCORDANCE WITH PARAGRAPHS (a) THROUGH (e) OF THIS SUBSECTION.
(5) Regulation of marijuana.
(a) NOT LATER THAN JULY 1, 2013, THE DEPARTMENT SHALL ADOPT REGULATIONS NECESSARY FOR IMPLEMENTATION OF THIS SECTION. SUCH REGULATIONS SHALL NOT PROHIBIT THE OPERATION OF MARIJUANA ESTABLISHMENTS, EITHER EXPRESSLY OR THROUGH REGULATIONS THAT MAKE THEIR OPERATION UNREASONABLY IMPRACTICABLE. SUCH REGULATIONS SHALL INCLUDE:
(I) PROCEDURES FOR THE ISSUANCE, RENEWAL, SUSPENSION, AND REVOCATION OF A LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT, WITH SUCH PROCEDURES SUBJECT TO ALL REQUIREMENTS OF ARTICLE 4 OF TITLE 24 OF THE COLORADO ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION;
(II) A SCHEDULE OF APPLICATION, LICENSING AND RENEWAL FEES, PROVIDED, APPLICATION FEES SHALL NOT EXCEED FIVE THOUSAND DOLLARS, WITH THIS UPPER LIMIT ADJUSTED ANNUALLY FOR INFLATION, UNLESS THE DEPARTMENT DETERMINES A GREATER FEE IS NECESSARY TO CARRY OUT ITS RESPONSIBILITIES UNDER THIS SECTION, AND PROVIDED FURTHER, AN ENTITY THAT IS LICENSED UNDER THE COLORADO MEDICAL MARIJUANA CODE TO CULTIVATE OR SELL MARIJUANA OR TO MANUFACTURE MARIJUANA PRODUCTS AT THE TIME THIS SECTION TAKES EFFECT AND THAT CHOOSES TO APPLY FOR A SEPARATE MARIJUANA ESTABLISHMENT LICENSE SHALL NOT BE REQUIRED TO PAY AN APPLICATION FEE GREATER THAN FIVE HUNDRED DOLLARS TO APPLY FOR A LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION;
(III) QUALIFICATIONS FOR LICENSURE THAT ARE DIRECTLY AND DEMONSTRABLY RELATED TO THE OPERATION OF A MARIJUANA ESTABLISHMENT;
(IV) SECURITY REQUIREMENTS FOR MARIJUANA ESTABLISHMENTS;
(V) REQUIREMENTS TO PREVENT THE SALE OR DIVERSION OF MARIJUANA AND MARIJUANA PRODUCTS TO PERSONS UNDER THE AGE OF TWENTY-ONE;
(VI) LABELING REQUIREMENTS FOR MARIJUANA AND MARIJUANA PRODUCTS SOLD OR DISTRIBUTED BY A MARIJUANA ESTABLISHMENT;
(VII) HEALTH AND SAFETY REGULATIONS AND STANDARDS FOR THE MANUFACTURE OF MARIJUANA PRODUCTS AND THE CULTIVATION OF MARIJUANA;
(VIII) RESTRICTIONS ON THE ADVERTISING AND DISPLAY OF MARIJUANA AND MARIJUANA PRODUCTS; AND
(IX) CIVIL PENALTIES FOR THE FAILURE TO COMPLY WITH REGULATIONS MADE PURSUANT TO THIS SECTION.
(b) IN ORDER TO ENSURE THE MOST SECURE, RELIABLE, AND ACCOUNTABLE SYSTEM FOR THE PRODUCTION AND DISTRIBUTION OF MARIJUANA AND MARIJUANA PRODUCTS IN ACCORDANCE WITH THIS SUBSECTION, IN ANY COMPETITIVE APPLICATION PROCESS THE DEPARTMENT SHALL HAVE AS A PRIMARY CONSIDERATION WHETHER AN APPLICANT:
(I) HAS PRIOR EXPERIENCE PRODUCING OR DISTRIBUTING MARIJUANA OR MARIJUANA PRODUCTS PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE IN THE LOCALITY IN WHICH THE APPLICANT SEEKS TO OPERATE A MARIJUANA ESTABLISHMENT; AND
(II) HAS, DURING THE EXPERIENCE DESCRIBED IN SUBPARAGRAPH (I), COMPLIED CONSISTENTLY WITH SECTION 14 OF THIS ARTICLE, THE PROVISIONS OF THE COLORADO MEDICAL MARIJUANA CODE AND CONFORMING REGULATIONS.
(c) IN ORDER TO ENSURE THAT INDIVIDUAL PRIVACY IS PROTECTED, NOTWITHSTANDING PARAGRAPH (a), THE DEPARTMENT SHALL NOT REQUIRE A CONSUMER TO PROVIDE A RETAIL MARIJUANA STORE WITH PERSONAL INFORMATION OTHER THAN GOVERNMENT-ISSUED IDENTIFICATION TO DETERMINE THE CONSUMER’S AGE, AND A RETAIL MARIJUANA STORE SHALL NOT BE REQUIRED TO ACQUIRE AND RECORD PERSONAL INFORMATION ABOUT CONSUMERS OTHER THAN INFORMATION TYPICALLY ACQUIRED IN A FINANCIAL TRANSACTION CONDUCTED AT A RETAIL LIQUOR STORE.
(d) THE GENERAL ASSEMBLY SHALL ENACT AN EXCISE TAX TO BE LEVIED UPON MARIJUANA SOLD OR OTHERWISE TRANSFERRED BY A MARIJUANA CULTIVATION FACILITY TO A MARIJUANA PRODUCT MANUFACTURING FACILITY OR TO A RETAIL MARIJUANA STORE AT A RATE NOT TO EXCEED FIFTEEN PERCENT PRIOR TO JANUARY 1, 2017 AND AT A RATE TO BE DETERMINED BY THE GENERAL ASSEMBLY THEREAFTER, AND SHALL DIRECT THE DEPARTMENT TO ESTABLISH PROCEDURES FOR THE COLLECTION OF ALL TAXES LEVIED. PROVIDED, THE FIRST FORTY MILLION DOLLARS IN REVENUE RAISED ANNUALLY FROM ANY SUCH EXCISE TAX SHALL BE CREDITED TO THE PUBLIC SCHOOL CAPITAL CONSTRUCTION ASSISTANCE FUND CREATED BY ARTICLE 43.7 OF TITLE 22, C.R.S., OR ANY SUCCESSOR FUND DEDICATED TO A SIMILAR PURPOSE. PROVIDED FURTHER, NO SUCH EXCISE TAX SHALL BE LEVIED UPON MARIJUANA INTENDED FOR SALE AT MEDICAL MARIJUANA CENTERS PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE.
(e) NOT LATER THAN OCTOBER 1, 2013, EACH LOCALITY SHALL ENACT AN ORDINANCE OR REGULATION SPECIFYING THE ENTITY WITHIN THE LOCALITY THAT IS RESPONSIBLE FOR PROCESSING APPLICATIONS SUBMITTED FOR A LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT WITHIN THE BOUNDARIES OF THE LOCALITY AND FOR THE ISSUANCE OF SUCH LICENSES SHOULD THE ISSUANCE BY THE LOCALITY BECOME NECESSARY BECAUSE OF A FAILURE BY THE DEPARTMENT TO ADOPT REGULATIONS PURSUANT TO PARAGRAPH (a) OR BECAUSE OF A FAILURE BY THE DEPARTMENT TO PROCESS AND ISSUE LICENSES AS REQUIRED BY PARAGRAPH (g).
(f) A LOCALITY MAY ENACT ORDINANCES OR REGULATIONS, NOT IN CONFLICT WITH THIS SECTION OR WITH REGULATIONS OR LEGISLATION ENACTED PURSUANT TO THIS SECTION, GOVERNING THE TIME, PLACE, MANNER AND NUMBER OF MARIJUANA ESTABLISHMENT OPERATIONS; ESTABLISHING PROCEDURES FOR THE ISSUANCE, SUSPENSION, AND REVOCATION OF A LICENSE ISSUED BY THE LOCALITY IN ACCORDANCE WITH PARAGRAPH (h) OR (i), SUCH PROCEDURES TO BE SUBJECT TO ALL REQUIREMENTS OF ARTICLE 4 OF TITLE 24 OF THE COLORADO ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION; ESTABLISHING A SCHEDULE OF ANNUAL OPERATING, LICENSING, AND APPLICATION FEES FOR MARIJUANA ESTABLISHMENTS, PROVIDED, THE APPLICATION FEE SHALL ONLY BE DUE IF AN APPLICATION IS SUBMITTED TO A LOCALITY IN ACCORDANCE WITH PARAGRAPH (i) AND A LICENSING FEE SHALL ONLY BE DUE IF A LICENSE IS ISSUED BY A LOCALITY IN ACCORDANCE WITH PARAGRAPH (h) OR (i); AND ESTABLISHING CIVIL PENALTIES FOR VIOLATION OF AN ORDINANCE OR REGULATION GOVERNING THE TIME, PLACE, AND MANNER OF A MARIJUANA ESTABLISHMENT THAT MAY OPERATE IN SUCH LOCALITY. 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.
(g) EACH APPLICATION FOR AN ANNUAL LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT SHALL BE SUBMITTED TO THE DEPARTMENT. THE DEPARTMENT SHALL:
(I) BEGIN ACCEPTING AND PROCESSING APPLICATIONS ON OCTOBER 1, 2013;
(II) IMMEDIATELY FORWARD A COPY OF EACH APPLICATION AND HALF OF THE LICENSE APPLICATION FEE TO THE LOCALITY IN WHICH THE APPLICANT DESIRES TO OPERATE THE MARIJUANA ESTABLISHMENT;
(III) ISSUE AN ANNUAL LICENSE TO THE APPLICANT BETWEEN FORTY-FIVE AND NINETY DAYS AFTER RECEIPT OF AN APPLICATION UNLESS THE DEPARTMENT FINDS THE APPLICANT IS NOT IN COMPLIANCE WITH REGULATIONS ENACTED PURSUANT TO PARAGRAPH (a) OR THE DEPARTMENT IS NOTIFIED BY THE RELEVANT LOCALITY THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND REGULATIONS MADE PURSUANT TO PARAGRAPH (f) AND IN EFFECT AT THE TIME OF APPLICATION, PROVIDED, WHERE A LOCALITY HAS ENACTED A NUMERICAL LIMIT ON THE NUMBER OF MARIJUANA ESTABLISHMENTS AND A GREATER NUMBER OF APPLICANTS SEEK LICENSES, THE DEPARTMENT SHALL SOLICIT AND CONSIDER INPUT FROM THE LOCALITY AS TO THE LOCALITY’S PREFERENCE OR PREFERENCES FOR LICENSURE; AND
(IV) UPON DENIAL OF AN APPLICATION, NOTIFY THE APPLICANT IN WRITING OF THE SPECIFIC REASON FOR ITS DENIAL.
(h) IF THE DEPARTMENT DOES NOT ISSUE A LICENSE TO AN APPLICANT WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION FILED IN ACCORDANCE WITH PARAGRAPH (g) AND DOES NOT NOTIFY THE APPLICANT OF THE SPECIFIC REASON FOR ITS DENIAL, IN WRITING AND WITHIN SUCH TIME PERIOD, OR IF THE DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH (a) AND HAS ACCEPTED APPLICATIONS PURSUANT TO PARAGRAPH (g) BUT HAS NOT ISSUED ANY LICENSES BY JANUARY 1, 2014, THE APPLICANT MAY RESUBMIT ITS APPLICATION DIRECTLY TO THE LOCALITY, PURSUANT TO PARAGRAPH (e), AND THE LOCALITY MAY ISSUE AN ANNUAL LICENSE TO THE APPLICANT. A LOCALITY ISSUING A LICENSE TO AN APPLICANT SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE RESUBMITTED APPLICATION UNLESS THE LOCALITY FINDS AND NOTIFIES THE APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND REGULATIONS MADE PURSUANT TO PARAGRAPH (f) IN EFFECT AT THE TIME THE APPLICATION IS RESUBMITTED AND THE LOCALITY SHALL NOTIFY THE DEPARTMENT IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. IF AN APPLICATION IS SUBMITTED TO A LOCALITY UNDER THIS PARAGRAPH, THE DEPARTMENT SHALL FORWARD TO THE LOCALITY THE APPLICATION FEE PAID BY THE APPLICANT TO THE DEPARTMENT UPON REQUEST BY THE LOCALITY. A LICENSE ISSUED BY A LOCALITY IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE AND EFFECT AS A LICENSE ISSUED BY THE DEPARTMENT IN ACCORDANCE WITH PARAGRAPH (g) AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT TO REGULATION OR ENFORCEMENT BY THE DEPARTMENT DURING THE TERM OF THAT LICENSE. A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS PARAGRAPH ON AN ANNUAL BASIS ONLY UPON RESUBMISSION TO THE LOCALITY OF A NEW APPLICATION SUBMITTED TO THE DEPARTMENT PURSUANT TO PARAGRAPH (g). NOTHING IN THIS PARAGRAPH SHALL LIMIT SUCH RELIEF AS MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER SECTION 24-4-104, C.R.S., OF THE COLORADO ADMINISTRATIVE PROCEDURE ACT OR ANY SUCCESSOR PROVISION.
(i) IF THE DEPARTMENT DOES NOT ADOPT REGULATIONS REQUIRED BY PARAGRAPH (a), AN APPLICANT MAY SUBMIT AN APPLICATION DIRECTLY TO A LOCALITY AFTER OCTOBER 1, 2013 AND THE LOCALITY MAY ISSUE AN ANNUAL LICENSE TO THE APPLICANT. A LOCALITY ISSUING A LICENSE TO AN APPLICANT SHALL DO SO WITHIN NINETY DAYS OF RECEIPT OF THE APPLICATION UNLESS IT FINDS AND NOTIFIES THE APPLICANT THAT THE APPLICANT IS NOT IN COMPLIANCE WITH ORDINANCES AND REGULATIONS MADE PURSUANT TO PARAGRAPH (f) IN EFFECT AT THE TIME OF APPLICATION AND SHALL NOTIFY THE DEPARTMENT IF AN ANNUAL LICENSE HAS BEEN ISSUED TO THE APPLICANT. A LICENSE ISSUED BY A LOCALITY IN ACCORDANCE WITH THIS PARAGRAPH SHALL HAVE THE SAME FORCE AND EFFECT AS A LICENSE ISSUED BY THE DEPARTMENT IN ACCORDANCE WITH PARAGRAPH (g) AND THE HOLDER OF SUCH LICENSE SHALL NOT BE SUBJECT TO REGULATION OR ENFORCEMENT BY THE DEPARTMENT DURING THE TERM OF THAT LICENSE. A SUBSEQUENT OR RENEWED LICENSE MAY BE ISSUED UNDER THIS PARAGRAPH ON AN ANNUAL BASIS IF THE DEPARTMENT HAS NOT ADOPTED REGULATIONS REQUIRED BY PARAGRAPH (a) AT LEAST NINETY DAYS PRIOR TO THE DATE UPON WHICH SUCH SUBSEQUENT OR RENEWED LICENSE WOULD BE EFFECTIVE OR IF THE DEPARTMENT HAS ADOPTED REGULATIONS PURSUANT TO PARAGRAPH (a) BUT HAS NOT, AT LEAST NINETY DAYS AFTER THE ADOPTION OF SUCH REGULATIONS, ISSUED LICENSES PURSUANT TO PARAGRAPH (g).
(j) NOT LATER THAN JULY 1, 2014, THE GENERAL ASSEMBLY SHALL ENACT LEGISLATION GOVERNING THE CULTIVATION, PROCESSING AND SALE OF INDUSTRIAL HEMP.
(6) Employers, driving, minors and control of property.
(a) NOTHING IN THIS SECTION IS INTENDED TO REQUIRE AN EMPLOYER TO PERMIT OR ACCOMMODATE THE USE, CONSUMPTION, POSSESSION, TRANSFER, DISPLAY, TRANSPORTATION, SALE OR GROWING OF MARIJUANA IN THE WORKPLACE OR TO AFFECT THE ABILITY OF EMPLOYERS TO HAVE POLICIES RESTRICTING THE USE OF MARIJUANA BY EMPLOYEES.
(b) NOTHING IN THIS SECTION IS INTENDED TO ALLOW DRIVING UNDER THE INFLUENCE OF MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA OR TO SUPERSEDE STATUTORY LAWS RELATED TO DRIVING UNDER THE INFLUENCE OF MARIJUANA OR DRIVING WHILE IMPAIRED BY MARIJUANA, NOR SHALL THIS SECTION PREVENT THE STATE FROM ENACTING AND IMPOSING PENALTIES FOR DRIVING UNDER THE INFLUENCE OF OR WHILE IMPAIRED BY MARIJUANA.
(c) NOTHING IN THIS SECTION IS INTENDED TO PERMIT THE TRANSFER OF MARIJUANA, WITH OR WITHOUT REMUNERATION, TO A PERSON UNDER THE AGE OF TWENTY-ONE OR TO ALLOW A PERSON UNDER THE AGE OF TWENTY-ONE TO PURCHASE, POSSESS, USE, TRANSPORT, GROW, OR CONSUME MARIJUANA.
(d) NOTHING IN THIS SECTION SHALL PROHIBIT A PERSON, EMPLOYER, SCHOOL, HOSPITAL, DETENTION FACILITY, CORPORATION OR ANY OTHER ENTITY WHO OCCUPIES, OWNS OR CONTROLS A PROPERTY FROM PROHIBITING OR OTHERWISE REGULATING THE POSSESSION, CONSUMPTION, USE, DISPLAY, TRANSFER, DISTRIBUTION, SALE, TRANSPORTATION, OR GROWING OF MARIJUANA ON OR IN THAT PROPERTY.
(7) Medical marijuana provisions unaffected. NOTHING IN THIS SECTION SHALL BE CONSTRUED: (a) TO LIMIT ANY PRIVILEGES OR RIGHTS OF A MEDICAL MARIJUANA PATIENT, PRIMARY CAREGIVER, OR LICENSED ENTITY AS PROVIDED IN SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE; (b) TO PERMIT A MEDICAL MARIJUANA CENTER TO DISTRIBUTE MARIJUANA TO A PERSON WHO IS NOT A MEDICAL MARIJUANA PATIENT; (c) TO PERMIT A MEDICAL MARIJUANA CENTER TO PURCHASE MARIJUANA OR MARIJUANA PRODUCTS IN A MANNER OR FROM A SOURCE NOT AUTHORIZED UNDER THE COLORADO MEDICAL MARIJUANA CODE; (d) TO PERMIT ANY MEDICAL MARIJUANA CENTER LICENSED PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE TO OPERATE ON THE SAME PREMISES AS A RETAIL MARIJUANA STORE.; OR (e) TO DISCHARGE THE DEPARTMENT, THE COLORADO BOARD OF HEALTH, OR THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FROM THEIR STATUTORY AND CONSTITUTIONAL DUTIES TO REGULATE MEDICAL MARIJUANA PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE.
(8) Self-executing, severability, conflicting provisions. ALL PROVISIONS OF THIS SECTION ARE SELF-EXECUTING EXCEPT AS SPECIFIED HEREIN, ARE SEVERABLE, AND, EXCEPT WHERE OTHERWISE INDICATED IN THE TEXT, SHALL SUPERSEDE CONFLICTING STATE STATUTORY, LOCAL CHARTER, ORDINANCE, OR RESOLUTION, AND OTHER STATE AND LOCAL PROVISIONS.
(9) Effective date. UNLESS OTHERWISE PROVIDED BY THIS SECTION, ALL PROVISIONS OF THIS SECTION SHALL BECOME EFFECTIVE UPON OFFICIAL DECLARATION OF THE VOTE HEREON BY PROCLAMATION OF THE GOVERNOR, PURSUANT TO SECTION 1(4) OF ARTICLE V.
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Campaign To Regulate Marijuana Like Alcohol
(about the image: “Canna Angel dances among the Sweet Leaf” artist Breezy Kiefair of The Art of Breezy Kiefair, an artist under the influence of cannabis Title by: Leandra Kesner and Diane Aube )
On a break in legal language note, in honor of Tax day (yeah right), the life of Mr. Jack Herrer and the upcoming 4/20 holidays, here is a word from the Hemperor about taxes.
focus on 4 miutes, 35 seconds in…..
You can read the classic book by Jack in its entirety here:
There is also a Third Measure looking to curry voter’s favor on the Cannabis Legalization issue. This is Initiative 70
The People of the State of Colorado do enact as follows:
In the Constitution of the State of Colorado, article XVIII, add section 16 as follows:
Section 16. Equalization of Cannabis Laws for Safer Communities.
(1) Purpose and Findings. The People of the State of Colorado hereby find and declare:
(a) Cannabis prohibition has failed and has resulted in an enormous unregulated market, facilitating widespread use by minors, untaxed profits by criminal enterprises and the expansion of crime.
(b) Ending Cannabis prohibition will mitigate illicit sales and reduce fiscal burdens on State and local Governments.
(c) Regulating Cannabis in the same manner as tobacco is rational as Cannabis is safer than alcohol, cultivated, processed and consumed like tobacco and State tobacco regulations prohibit sales to and use by minors.
(d) The Cannabis industry will create new jobs and generate millions in tax revenue, which can help support safer communities in part by funding public schools, health care and drug rehabilitation programs.
(e) Providing all Coloradans equal access to economic and employment opportunities in the Cannabis industry benefits Colorado communities and creates new agricultural opportunities for Colorado farmers.
(2) Definitions. As used in this section unless the context otherwise requires:
- “Cannabis” Means all species of naturally occurring and sustainably produced plants of the genus cannabis Sativa L including any derivative, concentrate, extract, flower, leaf, particle, preparation, resin, root, salt, seed, stalk, stem, or any product thereof.
- “Cannabis Businesses” Means the Cannabis equivalent to pre-existing Colorado State level tobacco business licenses and State level cigar and pipe tobacco law and regulations. Cannabis Retailer, Cannabis Products Distributor, CannabisSubcontractor. Cannabis Businesses will be exempt from the MSA.
- “Cannabis Products” Means any product that contains one percent THC or more that is derived from Cannabis and is intended to be ingested, inhaled, or applied to the skin of an adult twenty one years of age or older; or any electronic device that can be used to deliver one percent THC or more to an adult inhaling from a device, including but not limited to an electronic cigarette, cigar, cigarillo, or pipe that can induce euphoria. Cannabis Products do not include hemp products or cultivation by-products such as non-consumable plant material, soil and seeds and are exempt from the MSA.
- “Hemp Products” Means any product that is derived from Cannabis that is intended to be used only for industrial and commercial purposes such as but not limited to food materials, seed, seed cake, oil, stalk, leaf, pulp, fiber, polymers, cell fluid or biofuels. But will not include any products or extracts that can induce euphoria. Hemp products do not include cannabis products and are exempt from the MSA.
- “Medical Marijuana Businesses” Means any Medical Marijuana Business entity licensed by the State and local authority to sell medical marijuana and or infused products pursuant the Medical Marijuana Code Article 43.3 of title 12, C.R.S.
- “MSA” Means the master settlement agreement, the smokeless tobacco master settlement agreement, and the consent decree approved and entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research–U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver.
- “Paraphernalia” Means equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, harvesting, manufacturing, compounding, converting, processing, preparing, testing, analyzing, packaging, labeling, storing, concealing, containing, ingesting, inhaling, and or otherwise introducing into the human body Cannabis Products.
- “Reasonable” Means that no State or Local Government will enact or enforce an ordinance, resolution or regulation that requires an excessive licensing fee, investment of money, time, risk, or any other resource or assets or violation of privacy or restrictions that would deter or deny an average Coloradan from operating a Cannabis Business.
- “THC” Means only active delta-9-tetrahydrocannabinol and its 11-hydroxy metabolite, but will not include any other precursor acids and or metabolites.
(3) Repeal of marijuana laws. the revisor of statutes and local governments are hereby directed to immediately repeal and remove from Title 18 of the Colorado Revised Statutes and from any and all existing State, County or Municipal laws any provisions that contain any reference to any species of the genus Cannabis Sativa L, Marijuana, Marihuana, Hemp plant and it’s derivatives, products and paraphernalia that criminalize Cannabis and otherwise conflict with the provisions of this section, and from any other laws of the State that criminalize Cannabis as possessed or used within the terms of this section.
(4) Responsible Adult Use. Personal cultivation and use of Cannabis Products will be a Constitutional right and no Coloradan twenty one years of age or older will be punished, have their privacy or individual liberty violated in any manner, be denied any right or privilege for the:
(a) Possession, purchase, trading, gifting, transportation, consumption or limited untaxed cultivation of Cannabis in an enclosed or restricted space of eight plants; four vegetative, four flowering and four ounces of consumable raw Cannabis Products per month if there is only one adult residing in the household, or sixteen plants; eight vegetative, eight flowering and eight ounces of consumable raw Cannabis Products per month if there are two or more adults residing in the household. adult use is lawful as soon as this section is adopted.
(b) Any person violating the untaxed cultivation limits in this section shall be guilty of a misdemeanor and upon conviction thereof be fined for each offense. The sale of any amount of Cannabis or Cannabis Products will require licensing and remittance of tax to the Colorado Department of Revenue.
(5) Lawful Business Operation. No business, corporate entity or it’s agents will be prosecuted, denied any right or privilege, nor be subject to any seizure, asset forfeiture, and or any criminal or civil penalty or sanction for the State licensed manufacture, possession, research, testing, analyzing, transportation, distribution, purchase, sale, display, dispensing or serving of Cannabis Products and or Cannabis.
(6) Licensing and Regulation. The legislature will authorize the Department of Revenue Alcohol, Cannabis and Tobacco Enforcement Division to enact Reasonable rules and licensing requirements for Cannabis Businesses effective no later than the first legislative session after this section is adopted. Cannabis Businesses and Cannabis Products are to be regulated and licensed in a equal manner to and no more excessive or cost prohibitive than the equivalent State level cigar and pipe tobacco products laws as existed prior to January 1st 2012, allowing for Reasonable license fee adjustments over time. With the following caveats applying to licensing and regulations as defined under this section 6:
(a) With the exception of Cannabis Products sales being restricted to Coloradans twenty one years of age or older, sales of Cannabis Products will be governed by the same rules as established in 18-13-121 C.R.S for tobacco sales.
(b) Cannabis Product retail sales tax will not exceed the general retail sales tax of the State, County or Municipality where it is sold. Cannabis Products sales to registered colorado medical marijuana patients in amounts limited to their doctor’s recommendation on a per month basis will be tax exempt.
(c) All Cannabis Business licensees, shareholders and investors shall be US citizens and primary residents of Colorado for at least one year, and shall not be a law officer and or employee of the State or local licensing authority.
(d) In the interest of safer communities, Cannabis Products will not be sold, consumed or advertised in establishments that sell alcohol, or in any area that serves any one under twenty one years of age.
- Local authorities will enact Reasonable zoning laws and a per capita cap on Cannabis Businesses.
- With respect to licensing and zoning Cannabis Businesses will not be within one thousand feet of, the real property comprising a public or private elementary or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within one hundred feet of a public or private youth center, public swimming pool, or video arcade facility as defined in USC 21 section 860. The local licensing authority may vary the distance restrictions imposed by this paragraph (F) for a license or may eliminate one or more types of schools, campuses or facilities from the application of a distance restriction established by or pursuant to this paragraph (F).
- Medical Marijuana Businesses that have an application on file or are licensed at the time this section is adopted and that choose to apply for a Cannabis Business license shall be given primary consideration with respect to licensing.
- If voters approve to enact an excise tax on Cannabis Products, the tax will not exceed twenty percent of the manufactures list price or apply to Hemp Products or seeds and will be exempt from the MSA.
- The general assembly is hereby directed to create a “safer communities fund” where ten percent of all retail sales tax revenue collected from the sale of Cannabis Products will be appropriated to fund k – 12 public schools, ten percent for State funded health care programs, three percent for State funded substance abuse and treatment programs, and two percent for state funded prisoner rehabilitation programs. Such existing revenue and their distribution will be continuous and will not be repealed or reduced by the General Assembly. The remainder shall be allocated to the general fund.
- The legislature will authorize the Department of Agriculture to enact Reasonable regulations for industrial hemp farming effective no later than the first legislative session after this section is adopted, that will be equal to and no more excessive or cost prohibitive than any other agricultural crop. Hemp Products will be taxed no more than other agricultural or retail products and will be authorized for retail sales.
(7) Enforcement of the law. All Cannabis or Cannabis Products produced or manufactured, whether commercially or privately, within the boundaries of this State that are wholly held, maintained, or retained within the boundaries of this State will be deemed lawful. No State, County or Municipal employees, funds, laws, regulations or rules will be used to assist or aid and abet in the enforcement of Federal marijuana laws against Coloradans in compliance with the provisions of this section:
(a) Any public officer or employee acting in his or her official capacity, in violation of this section is guilty of a class 1 misdemeanor and subject to be sued for damages. Any defense of sovereign immunity under colorado law to such liability is hereby waived.
(b) The General Assembly effective no later than the first legislative session after this section is adopted, will enact laws regarding penalties for unlicensed commercial manufacture, distribution, sale or serving of Cannabis Products and possession of Cannabis Products by those under twenty one years of age. The penalties will be no more severe than the existing equivalent tobacco laws. Interstate trafficking of any amount of Cannabis Products will be a criminal offense under State law.
(c) Driving while THC impaired will be subject to State laws, but THC blood levels will be rebuttable inference and lawful medical marijuana use will constitute an affirmative defense with respect to THC DUI per se limits.
(d) The General Assembly will have the authority to change the legal age of adult users from twenty one to eighteen.
(e) Until or If the General Assembly fails to enact Reasonable regulations and licensing requirements for Cannabis Businesses, the pre-existing State level cigar and pipe tobacco regulations, licensing and fees and this section will be used for the immediate implementation of Cannabis Products commerce.
(8) Sever-ability. If any of these provisions be held invalid by any State court, the remainder to the extent it can be given effect, will not be affected thereby, and to this end the provisions of this section are severable:
(a) No provision in this section will affect, repeal, modify, or change any protections granted to medical marijuana patients, caregivers or their doctors under section 14 of Article XVIII of the Colorado Constitution.
(b) If and when Federal law regarding Cannabis or Cannabis Products changes as to allow Interstate commerce ofCannabis and or Cannabis Products the residency requirements, Colorado ID requirement to purchase Cannabis Products and the interstate trafficking criminal laws will be repealed.
(9) Conflicting Measures. If this Amendment is approved by the voters but superseded by any other Constitutional provision and the conflicting provision is later held invalid, this amendment shall be self-executing and given the full force of law.
(10) Safer Communities. The People of Colorado hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health and safety.
I leave it to you to decide what
language you’d like to be subject
to…Do you really wish to have to
remember all of these regulations
or have a bill passed that draws a
line from cannabis to alcohol? Is
this language worth your support?
Below follows a list of inmates who would appreciate a letter. Please feel free to add other inmates in the comments.
Shelley Waldron #16250-040
3301 Leestown Rd
Lexington, KY 40511
John Marcinkewicz #16252-040
6902 Stebner Rd
Duluth, MN 55814
Marion P Fry #15840-097
5701 8th Camp Park
Dublin Ca. 94568
Sherry Flor #11358-046
Federal Prison Camp
37930 N. 45th Ave
Phoenix, AZ 85086
Jeremy Duval #46344-039
P.O. Box 1000
Morgantown, WV 26507
Jaycob Montague #16251-040
P.O. Box 5000
Pekin IL 61555
Bryan Epis #09636-097
FCI Terminal Island
P.O. Box 3007
San Pedro, CA 90731
Dale C Schafer #15839-097
P.O. Box 7001
Taft, CA 93268
Richard Ruiz Montes #63130-097
3600 Guard Road
Lompoc, CA 93436
Luke Scarmazzo #63131-097
3901 Klein Blvd
Lompoc, CA 93436
Charles Edward Lepp #90157-011
FCI La Tuna
P.O. Box 6000
Anthony, TX 88021
Eric Christopher Stacy #64977-097
Community Corrections Office
501 I Street, Suite 9-400
Sacramento, CA 95814
Charles Lee Kisor #64974-097
P.O. Box 7001
Taft, CA 93268
Christopher Bartkowicz #36791-013
P.O. Box 1000
Leavenworth, KS 66048
Virgil Edward Grant #47375-112
FCI Terminal Island
PO Box 3007
San Pedro, CA 90731
Scott Eric Feil #14313-111
P.O. Box 7001
Taft, CA 93268
P.O. Box 777
Canon City CO
*** Breezy has written Floyd herself… a few times over the years.. he’s cool.***
MARC EMERY #40252-086
FCI YAZOO CITY – MEDIUM E-1
P.O. BOX 5888
Ken Burke #10021-091
Federal Correctional Complex
FCI Victorville #1
P.O. Box 5300
Adelanto, CA 92301
Would be cool if it were someone in California because then there would be the possibility of a visit too!! I think he has about 5 years left…not sure why he’s in there but he’s definitely on the weed team.
Darlene Spears #131779
P.O. Box 392005, Denver, CO 80239
Breezy’s bio-sister says this about Darlene:
She was my cell mate when I was doing my time. She’s doing life without parole…She’s accused of murder…She told me she’s innocent. She’s accused of murdering her husband she claims that her husband told on some people down south and that they were the ones who murdered him I liked her a lot..Sad they gave her life without parole
this inmate has been released
c/o Yavapai county Jail
Inmate #036312 Unit 4
Booking # 13-02676
2830 Commonwealth Dr #105
Camp Verde, AZ 86322-9998
- Over 420 People say FREE RONNIE SMITH (kiefair.com)
- Marc Emery is in solitary confinement (blogs.vancouversun.com)
- Inmates returning to prison evacuated by wildfire (aurorasentinel.com)