Pubdate: Wed, 07 Nov 2012
Source: Denver Post (CO)
Copyright: 2012 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Sadie Gurman

COLORADANS SAY YES TO RECREATIONAL USE OF MARIJUANA

Voters approved an amendment legalizing recreational marijuana use in 
Colorado on Tuesday, making this one of two states to end prohibition 
of the drug but also raising new legal questions and setting up 
potential court battles.

The historic result, projected by The Denver Post on Tuesday night, 
drew raucous cheers and applause from the amendment's supporters, who 
gathered in hundreds at Casselman's in downtown Denver.

"We won! We won!" supporters cried as the results were splashed 
across a giant screen.

Amendment 64 led late Tuesday night with 53.3 percent voting yes and 
46.7 percent voting no, with 1,863,535 votes or about 66 percent of 
active voters counted, according to the Colorado Secretary of State's office.

"This is really groundbreaking," said Beau Kilmer, co-director of the 
Rand Drug Policy Research Center. "No modern jurisdiction has ever 
removed the prohibition on the production and possession of marijuana 
for recreational purposes. ... Since no one has done this before, 
there are a lot of uncertainties."

Voters in Washington state approved a similar measure Tuesday; in 
Oregon a legalization issue failed.

The amendment will allow those 21 and older to purchase up to one 
ounce of the drug at specially regulated retail stores. Possession 
would be legal but not public use. Adults could grow up to six 
marijuana plants at home. It sets up a direct challenge to federal 
drug law, which regulates it as an illegal substance. Federal 
authorities have not said how they will respond.

"This demonstrates that the people of Colorado are just as smart as 
we thought they were," said Mason Tvert, one of the directors of the 
Yes on 64 Campaign. "They were fed up with prohibition and decided 
they want a more sensible approach."

Tvert and other supporters of the measure have said it will generate 
tax revenue for state and local governments. They said it would shed 
light on the black market for marijuana.

Critics argued that passing the amendment would make Colorado a 
destination for drug tourists and prompt a federal crackdown. They 
cited concerns about increased use of the drug by children and more 
drugged driving.

Among the opponents was Gov. John Hickenlooper, who said in a 
statement Tuesday night that "the voters have spoken and we have to 
respect their will. This will be a complicated process, but we intend 
to follow through. That said, federal law still says marijuana is an 
illegal drug so don't break out the Cheetos or gold fish too quickly."

State criminal penalties for possessing the drug won't disappear 
until the election is certified, which could take up to two months.

Questions about regulation and enforcement still abound. The first 
recreational stores would be slated to open in January 2014 and would 
be separate from existing medical marijuana dispensaries. Local 
governments could ban marijuana sales and employers could still bar 
employees from using it.

The amendment doesn't spell out the details of how the commercial 
marijuana industry will be regulated. It leaves that up to the state 
Department of Revenue, which would oversee the specialty shops. 
Proponents envision something similar to the state's system governing 
medical marijuana, which involves security requirements, the 
monitoring of plants as they are grown and shipped and auditors who 
perform site checks.

"Colorado has a lot of work to do quickly in terms of setting up the 
appropriate rules and structures," said Rosalie Pacula, another 
co-director for Rand's Drug Policy Research Center. She noted that 
because the measure is a constitutional amendment, it will have to go 
back to voters for repairs if there are problems; the legislature 
will be unable to intervene.

The federal government's response is anyone's guess, she said, but it 
will likely be resistant. Other experts have said federal agents 
could arrest individual users, though that would be a departure from 
their usual focus on large-scale dealers.

In the year before the first stores open, the federal government may 
choose to challenge the measure in court by arguing that it is pre-empted.
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MAP posted-by: Jay Bergstrom