Pubdate: Sat, 03 Mar 2012
Source: Steamboat Today, The (CO)
Copyright: 2012 The Steamboat Pilot & Today
Contact: http://www.steamboattoday.com/submit/letters/
Website: http://www.steamboattoday.com/
Details: http://www.mapinc.org/media/1549
Author: Jack Weinstein
Referenced: Amendment 64: 
http://worldwest.media.clients.ellingtoncms.com/news/documents/2012/03/03/030412_WeedDOC_Amendment64.pdf

STEAMBOAT DISPENSARY OWNER QUESTIONS MARIJUANA LEGALIZATION

Steamboat Springs -- A state ballot initiative that would legalize 
marijuana possession for recreational use is getting a lukewarm 
reaction from the owner of Steamboat Springs' largest medical 
marijuana dispensary.

Although he supports adult recreational marijuana use, Rocky Mountain 
Remedies co-owner Kevin Fisher said legalizing pot for all Colorado 
adults could jeopardize the business model he and other state 
dispensary owners have worked hard to create. Specifically, Fisher 
said he's concerned approval of a system that permits recreational 
marijuana use would lead to increased federal intervention in Colorado.

"While we support adult access to cannabis in any form, we're not 
sure supporting this initiative is right at this time," Fisher said last week.

The Colorado Secretary of State's Office announced last week that it 
had certified a ballot initiative that would decriminalize adult 
recreational marijuana use. Amendment 64 would allow adults 21 and 
older to possess as much as 1 ounce of marijuana and grow six plants 
in their homes. It also would create a regulatory system.

Mason Tvert, co-director of the Campaign to Regulate Marijuana Like 
Alcohol, said federal intervention isn't a concern. His group is the 
one that led the effort to get Amendment 64 on the ballot.

"The feds don't enforce state statutes," Tvert said. "They don't have 
DEA agents on the streets arresting adults for possessing less than 1 
ounce of marijuana. They don't have U.S. attorneys going before 
federal judges to prosecute petty cases. Essentially, if this 
initiative passes, marijuana will be legal for adults. We hope the 
federal government won't prevent Colorado from trying to control it."

It's too early to say whether federal agencies and the Obama 
administration would agree.

The federal stance

The Obama administration has taken a generally hands-off approach to 
medical marijuana if patients are in compliance with laws in the 16 
states, including Colorado, that permit it. But the administration 
said it would enforce federal drug laws in California if voters 
approved Proposition 19 to legalize marijuana in 2010. That measure failed.

Jeff Dorschner, a spokesman for the U.S. Attorney's Office in Denver, 
couldn't say last week whether federal authorities would intervene in 
Colorado if voters approve Amendment 64.

"The Department of Justice is conducting a legal review of the 
proposed amendment, assessing its options," Dorschner said via email. 
"Beyond that, I cannot comment."

Although on a smaller scale, some Colorado municipalities already 
have decriminalized recreational marijuana use. One of the more 
notable examples is Breckenridge, which in November 2009 passed a 
measure allowing adults 21 and older to possess as much as 1 ounce of 
marijuana. Nearly 71 percent of Breckenridge voters supported the measure.

Breckenridge Mayor John Warner said some visitors said they wouldn't 
return to Breckenridge if the measure was approved, but he said last 
week that hasn't happened. And he said the town's police chief hasn't 
reported any more issues with marijuana than before it was decriminalized.

With the exception of the occasional person who walks down Main 
Street smoking a joint because they think it's legal, Warner said 
marijuana hasn't been a problem in Breckenridge.

"I have not seen a degradation of our lifestyle, law and order, etc.," he said.

What it would mean

If approved, Amendment 64 would require that the Colorado Department 
of Revenue adopt regulations that establish an application, licensing 
and renewal process and fee schedule for retail marijuana 
establishments. Existing medical marijuana dispensaries could 
transition to retail shops.

The Department of Revenue also would be tasked to create security 
rules for retail establishments, labeling requirements for marijuana 
and marijuana-infused products and health and safety standards for 
marijuana cultivation and product manufacturing. It also could limit 
advertising and create civil penalties for violating regulations.

Amendment 64 would allow state lawmakers to impose an excise tax up 
to 15 percent on marijuana sales. The first

$40 million generated from that would be dedicated to the state's 
Public School Capital Construction Assistance Fund.

The measure would allow local municipalities to ban retail 
establishments. And it wouldn't permit driving under the influence of 
marijuana.

Tvert added that Amendment 64 also addresses legal cultivation of 
industrial hemp, which would create a new industry that he said could 
lead to job creation.

Other pro-marijuana groups have indicated they would seek the more 
than 86,000 signatures necessary to put a separate legalization 
measure on the November ballot.

Messing with medical

Steamboat's Fisher, who acknowledged that legalization likely would 
expand his customer base, questioned what the passage of Amendment 64 
would mean for patient access to medical marijuana.

In 2000, Colorado voters approved the use of marijuana for people 
with certain medical conditions and the recommendation of a doctor. 
State lawmakers adopted a comprehensive medical marijuana regulatory 
and taxing system in 2009 and updated it in 2010.

Tvert said Amendment 64 proposes a parallel system to the state's 
existing medical marijuana laws. He said medical marijuana has 
demonstrated that Colorado can regulate and tax it without 
significant issues while providing safe access and limiting the 
underground market.

A statewide measure to legalize marijuana failed in 2006, with 59 
percent of voters rejecting it.

Fisher said the state's medical marijuana industry has come a long 
way in a short time. He didn't want anything to jeopardize his 
business, which now employs 40 people.

"We still have plenty of growing pains on the medical side on the 
local, state and federal levels," he said. "Moving forward with the 
retail model for recreational use, I'm not sure where we sit. I don't 
want to go to federal prison."
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MAP posted-by: Jay Bergstrom