Pubdate: Wed, 10 Jul 2013
Source: Durango Herald, The (CO)
Copyright: 2013 The Durango Herald
Contact: http://durangoherald.com/write_the_editor/
Website: http://durangoherald.com/
Details: http://www.mapinc.org/media/866

MARIJUANA MAYHEM

Murky and Messy State Rules Leave Local Governments Scrambling to 
Sort Things Out

Underlying voters' approval of Amendment 64, which made recreational 
marijuana use and sales among adults older than age 21 legal in 
Colorado, was the sentiment that marijuana is not the terrifying 
Hydra it once was thought to be, capable of fraying the social, 
emotional and familial fabric of communities, leaving a wake of 
ruined lives among users. Marijuana has evolved from being a 
forbidden substance to one found to have medicinal value to one 
deemed appropriate - by voters, at least - for recreational use. The 
transformation has been relatively rapid, and as often is the case in 
such circumstances, the regulatory environment is struggling to keep 
pace. It is not quite wholly successful in that endeavor.

The Colorado Legislature, under the provisions of Amendment 64, was 
tasked with formulating rules about how recreational marijuana would 
be handled in the state, including proposing a taxing framework that 
will require voter approval. By and large, the panel convened to 
handle this task did so well, but there remain a number of murky 
questions that local governments would be wise to address before 
opening their communities to new recreational marijuana businesses. 
Durango is considering a moratorium in order to do that critical 
policy making, making it one of 19 localities that is considering or 
has approved some breathing room for implementing marijuana sales. 
That is appropriate, given the many unknown variables associated with 
transitioning a substance from the black market to mainstream retail activity.

The transition is further complicated by the fact that existing 
regulations governing medical marijuana do not automatically transfer 
to recreational sales, in effect creating two different sets of rules 
for the two uses of the substance. Medicinal dispensaries will not be 
able to open their doors to all recreational users and instead will 
have to create separate accommodations for those seeking marijuana as 
a pastime instead of as a treatment.

There also are different taxing structures for the two uses - pending 
voter approval - with recreational marijuana sales facing up to a 30 
percent tax comprising state sales and excise levies, as well as any 
taxes local entities care to attach - again, with voter approval.

In short, it is a hot mess.

Given these complications and the big pending question of whether 
voters will approve the state taxing proposals, the City Council is 
completely reasonable to be considering a timeout in allowing 
recreational marijuana sales. Doing so allows for the regulatory 
environment to catch up with the philosophical shift that Amendment 
64 brought to Colorado and could keep the city from having to 
backpedal if any recreational marijuana-related businesses run afoul 
of or get ahead of local or state rules.

In the meantime, Amendment 64's underlying principle - that using 
marijuana recreationaly now is legal - is in full effect, meaning 
that adults older than age 21 can use marijuana and possess up to one 
ounce of the substance. The details of how, where and whether 
marijuana use and sales can take place remain unclear, and cities are 
right to take their time in sorting out those questions.
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MAP posted-by: Jay Bergstrom