Pubdate: Tue, 28 May 2013 Source: Fort Collins Coloradoan (CO) Copyright: 2013 The Fort Collins Coloradoan Contact: http://www.coloradoan.com/customerservice/contactus.html Website: http://www.coloradoan.com/ Details: http://www.mapinc.org/media/1580 Author: Patrick Malone MARIJUANA LAWS ARE A TANGLE OF RULES FOR USERS, SELLERS, ENFORCERS REGULATIONS Before 2013, the rules of Colorado's marijuana counterculture were pretty simple. Always pass it to the left. Don't Bogart it. And above all, don't get caught. Enter the government, and the rules become considerably more complex. On Tuesday, Gov. John Hickenlooper signed into law a suite of bills that establish the nation's first market for taxed, regulated marijuana. Here's what the new laws mean and what's left to be decided: FOR USERS From age 21 on, it is legal to possess up to 1 ounce of marijuana and grow up to six plants for recreational use. Using marijuana is legal as long as it is not done in public. One of the laws Hickenlooper signed Tuesday imposes a legal limit of 5 nanograms of THC, the intoxicant in marijuana, in a driver's blood. The new law allows defendants who register above the legal limit to challenge whether they were actually too impaired to drive. FOR RETAILERS Established medical marijuana dispensaries in Colorado will be first in line to be licensed as retailers of recreational marijuana. Approved businesses are tentatively expected to open beginning Jan. 1, 2014. Meanwhile, it is legal for up to 1 ounce of marijuana to change hands, provided nothing of value is exchanged for it. For now, retailers will be required to grow most of their own product, but provisions eventually give way to wholesalers entering the market. Cities and counties have discretion to postpone allowing or to ban retail marijuana operations within their boundaries. FOR ENFORCERS Hickenlooper said he is still awaiting word from the U.S. Department of Justice about how it intends to enforce federal law - which still considers marijuana illegal - in Colorado's new legal landscape. Police and prosecutors under Colorado law maintain the ability to arrest and pursue charges against people suspected of possessing more marijuana than the new law allows, as well as those believed to be distributing it outside the state's regulatory boundaries. STILL UNCERTAIN What constitutes forbidden "public consumption" of marijuana? Is smoking it in an apartment unit discreet enough to be allowed, or public enough to warrant a ticket? Is the aroma of marijuana enough to constitute probable cause for a police search when possession of up to 1 ounce is legal? Will federal banking regulators relax the rules that prevent banks from welcoming marijuana businesses' deposits? Lawmakers said these and other what-ifs will be settled through litigation as they arise, or through future legislation that speaks to heretofore unforeseen circumstances that come up. WHAT'S NEXT Hickenlooper said the most pressing unanswered question about legal marijuana in Colorado will be resolved by voters in November, when they are asked to approve a 15 percent excise tax and a 10 percent sales tax on marijuana to fund regulatory enforcement. "The biggest loose end is to make sure that we get the tax measure passed so that we can have the appropriate funds to regulate this new industry," the governor said. "We want to make sure that it's self-funded and is not taking money away from education." [sidebar] WHAT THEY'RE SAYING ABOUT LEGAL MARIJUANA IN COLORADO "Colorado is demonstrating to the rest of the nation that it is possible to adopt a marijuana policy that reflects the public's increasing support for making marijuana legal for adults. Marijuana prohibition is on its way out in Colorado, and it is only a matter of time before many more states follow its lead." Mason Tvert, director of communications for the pro-Amendment 64 Marijuana Policy Project "We are charting new territory. Other states haven't been through this process in the same way we have. Recreational marijuana is really a completely new entity. But the bills we're signing today really do lay out this new territory." Colorado Gov. John Hickenlooper "When you're in unchartered territory, you need a North Star. And the North Star that we used was public safety and making sure that we kept this out of the hands of kids and cartels and criminals." Rep. Dan Pabon, D-Denver "It was voted for by the people of the state of Colorado. It is in our constitution and it was put upon us as the legislators of the state of Colorado to come up with a good, combined piece of legislation that would move the industry forward and make marijuana safe for the citizens." Sen. Randy Baumgartner, R-Cowdrey "As an administration, we opposed the passage of Amendment 64. But on the day after the election we woke up and saw that 55 percent of the voters supported the amendment. We immediately rolled up our sleeves and had conversations with the federal government and began to form this task force of all stakeholders." Jack Finlaw, Hickenlooper's chief legal counsel "This is going to be probably the most important public safety legislation that is signed into law this year." Rep. Mark Waller, R-Colorado Springs, sponsor of a bill creating a legal intoxication threshold for driving under the influence of marijuana "We're going to have to figure out how to bob and weave and make sure that the negative impacts are not overpowering. How do we keep this out of the hands of kids? That's the biggest issue. And how do we keep people safe that are not participating? Those are the tricks as far as I'm concerned." Senate President John Morse, D-Colorado Springs "This was the easy part, to be honest. Now every municipality and every county in the state that hasn't already talked it out has got to make a determination on whether and to what extent they want this in their city or town." Kevin Bommer, deputy director, Colorado Municipal League "Smart Colorado urges Colorado cities and counties to proceed cautiously and to put the necessary ordinances in place to protect delaying implementation of marijuana commercialization until important uncertainties are resolved." Diane Carlson, spokeswoman for Amendment 64 opponents Smart Colorado "Amendment 64 is hotly debated, whether that's good for business and jobs in Colorado. Certainly, this industry will create jobs. Whether it's good for the brand of the state in terms of our economy is still up in the air." Hickenlooper - --- MAP posted-by: Jay Bergstrom