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
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