Colorado Amendment 44

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Amendment 44
An Amendment to Section 18-18-406 (1) of the Colorado Revised Statutes Making Legal the Possession of One Ounce or Less of Marijuana For Any Person Twenty-one Years of Age or Older
Results
Votes%
Yes check.svg Yes636,93841.08%
X mark.svg No913,41158.92%
Amendment failed [1]

Amendment 44 was a proposed amendment to the state statutes submitted for referendum in the 2006 general elections in the U.S. state of Colorado. The amendment proposed the legalization of the possession of one ounce or less of marijuana for any person twenty-one years of age and over, as long as marijuana use does not occur in public. The measure was eventually defeated at the polls by 60-40 percent. [2]

Contents

Background

Amendment 44 was placed on the ballot in August, after the group Safer Alternative For Enjoyable Recreation (SAFER) obtained over 129,000 petition signatures through a largely grassroots organization. Only 68,000 were required by the Secretary of State.

Existing Colorado law classifies possession of one ounce or less of marijuana as a Class 2 petty offense punishable by a fine of $100. If passed, Amendment 44 would decriminalize possession of one ounce or less by adults 21 years of age and over by removing any fine or penalty; although, it would have no effect on the cultivation, transfer, or sale of marijuana.

Controversy over Colorado Blue Book

One issue under contention is how the amendment might be interpreted with regard to transferral of marijuana to minors over 15 years of age. The "Blue Book" voter information pamphlet, a comprehensive guide to ballot measures distributed to voters, states "transferring up to one ounce of marijuana to another individual 15 years of age or older as long as there is no compensation" would be decriminalized under Amendment 44. [3] Others, including the amendment's supporters, claim this interpretation is false, and such transferral to minors would continue to be illegal, as it falls under the category of contributing to the delinquency of a minor, a felony offense under existing law. [4] [5]

Opinions

Support

Groups in favor of Amendment 44 include Sensible Colorado, a group favoring the legalization, regulation, and taxation of marijuana much in the same manner as alcohol., [6] the state Libertarian Party, [7] and the US Marijuana Party, among others.

Supporters argue that the War on Drugs has failed, resulting in the empowerment of organized crime, and that a new more effective policy is needed. It is argued that legalizing small amounts of marijuana would free law enforcement resources to deal with more serious offenses. Some supporters also consider marijuana to be less harmful then other types of illegal narcotics, alcoholic beverages or tobacco use. [8]

Opposition

Groups opposing Amendment 44 include Guarding Our Children Against Marijuana (GOCAM), Drug Watch Colorado, and Students Against Marijuana, among others. [8]

Opponents argue that marijuana serves as a gateway drug to other types of illegal narcotics, and that legalization of marijuana would increase other types of drug use and make the state a magnet for addicts; however, there is no evidence marijuana is a gateway drug. [9] [10] [11] [12] It is argued that as with alcohol, sobriety is the only safe alternative, and existing drug laws should be enforced. Opponents also state that the costs of enforcement are minimal compared to the costs of drug addiction and treatment, as well as the fact that legalization at the state level would not affect federal laws and international treaties concerning marijuana. [8]

Some employees of the Drug Enforcement Administration were reported to have been financing opposition to Amendment 44, a move which generated significant controversy. [13]

See also

Related Research Articles

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Massachusetts Sensible Marijuana Policy Initiative

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Amendment 20 was an amendment to state statutes, submitted for referendum in the 2000 general elections in the U.S. state of Colorado. The amendment was adopted by 54% of participating voters. Under the law, patients may possess up to 2 ounces of medicinal marijuana and may cultivate no more than six marijuana plants at a time. Patients who are caught with more than this in their possession may argue "affirmative defense of medical necessity" but are not protected under state law with the rights of those who stay within the guidelines set forth by the state.[4]

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Cannabis in Missouri is illegal but decriminalized. Medical use was legalized in 2018 through a ballot initiative to amend the state constitution.

Cannabis in New Mexico is illegal for recreational use, but decriminalization went into effect in July 2019. A bill to legalize recreational use passed the House in March 2019.

Cannabis in New Hampshire is illegal for recreational use and is decriminalized for possession of up to three-quarters of an ounce as of July 18, 2017. It is permitted for medical use.

Cannabis in Ohio is illegal for recreational use. Since 1975 possession of up to 100 grams has been decriminalized, however. Several of the state's major cities have also enacted further reforms.

Cannabis in Washington, D.C.

In Washington, D.C., cannabis is legal for recreational and medical uses, but is barred from commercial sale. Though the drug was fully legalized in the District following a 2014 ballot referendum, the United States Congress exercises oversight over the government of the District of Columbia, preventing the local government from regulating cannabis sales like other jurisdictions with authority derived from a U.S. state.

References

  1. Colorado 2006 > Ballot Measures > Amendment 44: Legalize Marijuana from followthemoney.org
  2. "Ballot Measures: Colorado Amendment 44". CNN . Retrieved 2007-03-20.
  3. "Analysis of the 2006 Ballot proposals" (PDF). Colorado Legislative Council. Archived from the original (PDF) on 2007-02-06. Retrieved 2007-03-23.External link in |publisher= (help)
  4. "Ambushing the pot initiative". Rocky Mountain News. Archived from the original on 2006-10-17. Retrieved 2006-10-05.
  5. "Up in Smoke?". Fort Collins Weekly.
  6. "Colorado Marijuana Initiative". Sensible Colorado. Archived from the original on 2005-02-05. Retrieved 2006-09-07.
  7. "Ending the game of Marijuana prohibition in Colorado" (PDF). Sensible Colorado. Libertarian Party of Colorado. Archived from the original (PDF) on 2006-09-06. Retrieved 2006-09-07.
  8. 1 2 3 "Amendment 44 Marijuana Possession" (PDF). Colorado Ballot Analysis, Final Draft. Colorado General Assembly. Retrieved 2006-09-07.
  9. "Evaluating alternative cannabis regimes" (PDF). British Journal of Psychiatry . 2001. Retrieved 2007-03-31.External link in |journal= (help)
  10. Jennifer McNulty (2004-05-03). "Dutch drug policies do not increase marijuana use, first rigorous comparative study finds". UC Santa Cruz Currants. Archived from the original on 2007-03-11. Retrieved 2007-03-20.External link in |publisher= (help)
  11. Reinarman C, Cohen PD, Kaal HL (2004). "The Limited Relevance of Drug Policy: Cannabis in Amsterdam and in San Francisco" (PDF). American Journal of Public Health . 94: 836–42. doi:10.2105/ajph.94.5.836. PMC   1448346 . PMID   15117709 . Retrieved 2007-03-20.CS1 maint: multiple names: authors list (link)
  12. "Marijuana and Medicine: Assessing the Science Base". National Academies Press. 1999. Retrieved 2007-03-30.
  13. "DEA should keep out of state politics". Rocky Mountain News. 2006-08-30. Archived from the original on 2006-09-01. Retrieved 2006-09-07.