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Law & Politics
March 4, 2013

Amendment 64 Task Force Finished Recommendations

amendment 64 task force co flag Source http://media.thedenverchannel.com/photo/2012/11/07/colorado-marijuana_1352303424138_323563_ver1.0_320_240.jpgColorado’s Amendment 64 Task Force finished its work as February came to a close. After months of work and several public meetings, the task force has done a remarkable job tackling the wide array of issues that may come with the legalization of marijuana in Colorado.

While I cannot say that I’m perfectly happy with all of the recommendations, I have to give credit to this group for getting the job done despite solid deadlines and wide differences of opinion between task force members.

Let’s have a look at some of the regulations the Amendment 64 Task Force recommended to state legislators.

Recommendations:

  • Create an excise tax of 15 percent paid by marijuana stores at wholesale level
  • Create a special marijuana sales tax paid by consumers
  • Allow employers to fire employees for off-the-job marijuana use
  • Allow marijuana sales to out-of-state residents visiting Colorado
  • Restrict where and how marijuana stores can advertise
  • Require marijuana to be sold in child-proof packaging
  • Clarify that marijuana given away in exchange for a donation is illegal
  • Include marijuana in smoking ban at bar and restaurants, effectively barring cannabis clubs
  • Require marijuana grown at home to be in a room with walls and a ceiling. No outdoor marijuana growing.
  • Require state and local approval for marijuana stores
  • Create a seed-to-sale regulatory system for recreational marijuana businesses similar to medical-marijuana dispensaries.
  • Require marijuana products to have labels of potency

While some think that the high taxes of marijuana will leave an opening for black market sales, I expect prices to remain low enough to avoid this. That all depends on how high the additional sales tax will be, which will be in addition to ordinary sales tax. The task force used a 25% extra tax as an example, which could be high enough to drive some sales back underground. I hope that state legislators will adopt a more reasonable sales tax rate for marijuana, but we will have to wait and see.

Unfortunately, working people could still be fired for their off-the-job use of marijuana. This certainly is unfair, but so is asking national or international companies to disregard their rules for a drug-free workplace because of our state laws. Hopefully this is something we will see fade away as people here become more comfortable with the reality of marijuana legalization, as more states vote to legalize, and especially once marijuana is reclassified from a Schedule I drug.

amendment 64 task force tsa sign Source http://www.thedailychronic.net/wp-content/uploads/2013/02/security-checkpoint-no-mari-640x359.jpgAllowing non-residents to purchase marijuana in Colorado will help curb illegal sales, and further limiting the amount non-residents can purchase at a time will help prevent Colorado marijuana from leaving the state. Allowing ‘canna-tourism’ will also bring a great deal of revenue to Colorado businesses and government, in addition to bringing great events to town (such as the High Times Cannabis Cup) for us red-eyed residents.

Restrictions in advertising seem logical, so long as they are no more limiting than they are for alcohol.

Child-proofing marijuana packaging is a no-brainer, and something that I’m personally surprised was not required for medical marijuana sales. I know I wouldn’t want my young son, nieces or nephews being able to get into any of my marijuana or edibles.

Clarifying that ‘marijuana-for-donations’ practices count as sales and are therefore illegal is another no-brainer. Personally, if I see that a $25 donation will get me a ‘free’ eighth and a $50 donation will get me a ‘free’ quarter, I see it as a sale, not a gift exchange.

I am pretty disappointed that marijuana would be banned from bars, restaurants, etc. as part of the smoking ban, but it makes sense. I just hope it can’t actually ban marijuana clubs. We do have hookah bars here in Denver, after all.

While I would love to be able to grow gigantic plants in the full sun of my yard, I really don’t want a bunch of teenagers chopping those plants down two weeks before harvest. So I’m not too bitter about the ‘No Outdoor Growing’ rule. Greenhouses are still a perfectly legal option if one has the cash to build one.

amendment 64 task force meeting Source http://cbsdenver.files.wordpress.com/2013/01/amend-64-meeting1.jpg?w=300

Requiring approval for marijuana stores and tracking plants from seed to sale are both very similar rules to what we’ve seen here with our medical marijuana industry, and should not hinder access to marijuana.

Requiring potency labeling could be a pricey rule if each plant must be tested for cannabinoid levels. Edible products should of course be labeled for potency as it can vary much more than levels between plants.

And of course, I saved the worst for last: The recommended DUI limits. The system set in Washington (which is quickly gaining ground here in Colorado as well) clearly does not accurately detect impairment. We need more science to be done in this area, and fast! In the meantime, let’s all drive our best and try to prove that if you’re too stoned to drive well, you’re also too stoned to want to drive at all.

Now that we’re done looking through this list of some of the recommendations put forth by the Amendment 64 Task Force, I’d like to end with this broadcast from 7News from the last night of the task force’s work.

Update: Read the Amendment 64 Task Force Full Report [165 page pdf]

  • http://BeyondChronic.com/ Old Hippie

    Well, it would be silly to test each single plant separately. Nobody does that for food or even FDA pharmaceuticals! With pills, they test a random sample to make sure it’s within specs. With food, they test random samples from a batch. That’s how they should do it with cannabis, and AFAIK that’s how dispensaries do it now as well.

  • http://www.facebook.com/darrell.beitel Darrell Beitel

    There are also many cases where donations result in free alcohol and a myriad of products so be careful on singling out cannabis. Edibles and vaporizers do not emit smoke so I guess that is ok in restaurants and bars. Alcohol isn’t child proof and he multitude of containers and cost here is not required for folks too keep their cannabis in check from kids. The seed to sell control is fine for a brief start up regulation but it raised cost, restricted access and cut quality in MMJ. Fact. The vertical integration is BS and we need wholesale growing and also outdoor growing with hemp. Cities and counties passing access is fine but we do not do this with alcohol. There are many of us head long into the fight on some of this still like 10 mg edible dosage which is way low and stupid and the 1/8 smurfing conversation like cases of beer don’t go to the mountains. I understand the fears and conservative stripes but come on. “Like ALCOHOL”. We have a prescription drug problem running rampant and Marijuana is not a rampant evil. Keep things with the intent but also in the right perspectives. No one has ever died from Marijuana as the primary cause of death in the United States. Call the CDC and FDA and ask them.

    • http://www.facebook.com/denvergreenbeaker.weedist Denver Green Beaker Weedist

      Thank you for your passionate comments, my friend. I do have to say, though, that the seed-to-sale regulations implemented in Colorado actually did lower costs for consumers, though it put a ton of growers (including myself) out of work. Before the seed-to-sale regulations, most MMJ sold for $45-$50 per eighth, afterward the price dropped to $25-$30 per eighth, and now you can find them on sale for $20. Quality did not suffer any more because of it, though you can still find low-quality cannabis at several locations. You just have to shop around to find the best, just like before.

    • http://BeyondChronic.com/ Old Hippie

      I’m not sure why you claim 10mg edible dosage is either low or stupid. There are lots of MMJ patients for whom that dosage is plenty strong, myself included. Yet I would never tell dispensaries not to sell 180mg Kiva bars, because I know some people need such high doses. I just warn people to know their personal dosages and know what they’re taking.

  • RJ Lotze

    This sucks. The state of Colorado should fine itself for being complete agricultural asswipes for almost a century

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