Colorado Marijuana Legalization Initiative, Amendment 64 (2012)
|Type:||initiated constitutional amendment|
|Referred by:||The Cannabis Therapy Institute|
|Status:||On the ballot|
The initiative was filed eight different times with the Colorado Attorney General around the date of May 20, 2011 in hopes of making the 2012 ballot. All of the initiatives would ask whether or not to legalize the use and possession of, at most, an ounce of marijuana for residents who are 21 and older. In addition, all eight initiatives would allow the state to regulate retail sales of the drug. The proposal was filed eight times, with some differences, in order for supporters to see which one would pass the Title Setting Review Board, and allow for circulation of petitions.
- 1 Background
- 2 Support
- 3 Opposition
- 4 Analysis and studies
- 5 Polls
- 6 Lawsuits
- 7 Path to the ballot
- 8 See also
- 9 Additional reading
- 10 References
In 2006, 59% of Colorado voters rejected Amendment 44, which would have legalized the possession of up to one ounce of marijuana for those 21 or over. Medical marijuana is legal in Colorado under the terms of a bill signed into law by Gov. Bill Ritter, but some marijuana activists say that the time is right to expand the legality of marijuana to cover recreational use also.
- Campaign to Regulate Marijuana Like Alcohol
- Democratic Party of Colorado
- Moms and Dads for Marijuana Regulation
- The Cannabis Therapy Institute in Boulder, Colorado, announced on June 11, 2010 that it planned to put together a campaign to qualify an amendment to the Colorado Constitution that would make recreational use of marijuana legal The campaign launched in support of the proposed initiative is Legalize2012.com.
- Brian Vicente, executive director of Sensible Colorado stated: "I think people in this state have come to understand that marijuana is not the dangerous substance that law enforcement and the federal government have made it out to be."
- According to Tony Ryan, a former police officer with the Denver Police Department, and who is helping with the initiative: “During my 36 years as a Denver cop I arrested more people for marijuana than I care to remember, but it didn’t amount to one bit of good for our citizens. Keeping marijuana illegal doesn’t do anything to reduce marijuana use, but it does benefit the gangs and cartels who control the currently illegal marijuana trade.”
- The group Smart Colorado is the main opposition to the measure.
- State Senator Steve King stated about the initiative effort and possible ballot measure: "I honestly believe that when Coloradans go to the ballot box they're going to vote no to dope in Colorado."
- James D. Kellog, founder of LiberTEAWatch.com, stated in a column published by the Glenwood Springs Post Independent about marijuana legalization: "The Constitution of the United States guarantees that American citizens are generally free to make choices about their lives. But when it comes to marijuana and other drugs, we must tread carefully. Coloradans should ponder a simple question. Can our communities conceive an effective plan to keep legalized pot out of our kids' hands? Perhaps we should look to alcohol for the answer."
- Corey Donahue, a marijuana legalization activist, stated that the measure does not go far enough to legalize marijuana. Donahue argued: "It's going to have regulations, so it's going to create more rules. Regulation isn't legalization."
- In a letter written to the Colorado Attorney General urging him to oppose the measure, Smart Colorado Attorney Jon Anderson stated, "As you know, Colorado has the most expansive medical marijuana industry in the country. To further expand their drug profits, this industry will invest enormous sums of money to erase all state restrictions on growing, transporting, and selling marijuana in Colorado. It is critical that Colorado voters understand the serious legal and policy implications of passing such a dangerous law."
- A panel of state legislators stated that legalizing marijuana won't automatically produce a large revenue from the new tax on the drug. According to reports, legislators would be required to refer any tax on marijuana to voters in order for them to approve it. According to State Senator John Morse stated, "Now all of a sudden we got a new constitutional amendment that may say, 'Hey, we can dictate how legislators vote all the time.' It would be offensive to our system of government in my view, but it may turn out to be the law of the land."
Analysis and studies
Editor's Note: The following studies do not reflect the views of the neutral Ballotpedia.org. Studies are conducted reported on this article as they are presented, and conflicting arguments may be made against certain studies.
Colorado Center on Law & Policy analysis
A budgetary analysis done by the Colorado Center on Law & Policy analysis on the measure concluded the following results:
- Could generate as much as a total of $60 million in savings and revenue.
- $12 million dollars of annual savings in criminal justice costs
- $24 million in excise tax revenue
- $8.7 million in state sales tax revenue
- $14.5 million in local tax revenue
- Creation of several hundred new jobs.
Presidential election implications
According to reports, Colorado is a key state in the 2012 presidential election, and the marijuana measure could have broad implications in November. Reports say that President Barack Obama's and Republican candidate Mitt Romney's stance regarding marijuana legalization, regulation and taxation like alcohol could influence voters in Colorado.
- See also: Polls, 2012 ballot measures
- A majority of voters surveyed in a poll released on August 11, 2011 by Public Policy Polling stated they were in favor of legalizing marijuana. The poll had a margin of error of +/- 4.3%, and the question asked to voters who were surveyed was: "Do you think marijuana usage ought to be legal or illegal?"
- Another poll conducted by Public Policy Polling was taken on the issue of marijuana legalization. The results of the poll were released on December 9, 2011. The poll had a margin of error of plus or minus 3.5%.
- The results of a survey conducted by Rasmussen Polling on June 6, 2012 were released on June 9, 2012 showing strong support for the Colorado Marijuana Legalization Initiative. According to the findings, 61% of those polled support the legalization of marijuana if it is regulated like alcohol and cigarettes. In contrast, 27% were opposed to any legalization and the remaining 12% were undecided. 500 likely voters were polled and the poll had a margin of error of +/- 4.5 percentage points.
- According to a poll released by Public Policy Polling on August 8 of 779 likely voters, 47% said they supported Amendment 64, while 38% of those surveyed opposed it. The poll had a margin of error of +/-3.5%.
|Date of Poll||Pollster||In favor||Opposed||Undecided||Number polled|
|Aug. 4-7, 2011||Public Policy Polling||51%||38%||11%||510|
|Dec. 1-4, 2011||Public Policy Polling||49%||40%||11%||793|
|Jun. 6, 2012||Rasmussen Polling||61%||27%||12%||500|
|August 8, 2012||Public Policy Polling||47%||38%||15%||779|
|2012 measure lawsuits|
| Arizona • Arkansas • Colorado • Florida • Maryland |
Michigan • Massachusetts • Minnesota
Missouri • Montana • Nevada
North Dakota • Ohio • Oklahoma
Oregon • Rhode Island
|By lawsuit type|
|Ballot text |
Motivation of sponsors
- See also: List of ballot measure lawsuits in 2012
Bruce v. Colorado Title-Setting Board
A lawsuit was filed on July 11, 2011 against the proposed ballot measure, stating that the proposal does not make it clear that taxes would be raised. Douglas Bruce, of Colorado Springs, filed the lawsuit with the state Supreme Court.
However, Brian Vicente of Sensible Colorado stated that the five-business day allowance to challenge the measure has already passed. A spokesman for the Colorado Secretary of State claimed that since the ballot measure language was revised, the legal challenge could move forward.
Blue book lawsuit
Proponents of the measure filed a lawsuit to delay the printing of this year's ballot information booklet, also known as the blue book.
According to reports, the booklet is sent to voters in the state to provide details on ballot measures that are on the general election ballot. According to supporters of Amendment 64, the lawsuit argues that the legislative committee struck final draft key language in the section describing arguments in support of the initiative.
Path to the ballot
In order to qualify the initiative for the 2012 ballot in the state, supporters must gather 85,853 valid signatures by the August 6, 2012 petition drive deadline. Valid signatures must come from registered voters in the state.
The eight filed proposals were heard on June 1, 2011 by the Colorado Office of Legislative and Legal Services. Suggestions that the committee gave pertaining to the wording of the proposals included clarifying the state's medical marijuana laws and other references to it. Other suggestions included technical matters such as using both "ensure" and "insure" throughout the proposals. According to reports, more specifics about what the phrase "under the age of 21" meant were requested.
Election Review Board
During the week of June 15, 2011, it was reported that all eight filed ballot measures were under review by a state election review board. Supporters of the measure will wait to hear from legal challenges before deciding on which measure they will move forward with and collect signatures for.
Challenges were made to the proposed ballot measure language by marijuana legalization supporters during the week of July 6, 2011. Challenges included the accusation that comparing the drug to alcohol is flawed. There is no limit to alcohol purchases in the state, but the ballot proposal includes a provision that marijuana possession has limits, according to the challenge. Other supporters of legalization say that it is too much to ask voters to approve marijuana with no limits, hinting that it could fail if placed on the ballot.
Despite protests from other marijuana supporters who claimed the measure is flawed, signature collection began on July 7, 2011. According to one of the petition drive organizers, Mason Tvert, the campaign is aiming to appeal to Republicans and older voters instead of those who are already on board with the proposal.
According to reports, supporters of the initiative plan to turn in signatures on January 4, 2012. Supporters stated they would submit more than 155,000 signatures to the Colorado Secretary of State's office. Signatures were submitted that day.
However, on February 3, 2012, the Colorado Secretary of State announced that the initiative effort had fallen short about 2,500 signatures. According to reports, supporters of the proposal have until February 15, 2012 to submit the additional signatures required to make the ballot.
Supporters of the initiative turned in the additional signatures needed to make the ballot. Signatures are awaiting verification, but reports out of the state suggest that the approximately 14,000 additional signatures could help them reach the ballot.
- Colorado should quit punishing pot users
- A successful session in the books, Colo. pot advocates turn to 2012 legalization proposal
- CO pot advocates turn to 2012 ballot measure
- Colorado Daily, "Colo. pot advocates plan 2012 legalization push", June 11, 2010
- 9 News, "Marijuana advocates use Kush Con II as legalization springboard", December 17, 2010
- Denver Post, "8 initiatives to legalize pot seek spots on 2012 Colorado ballot", May 20, 2011
- Associated Press,"Colo. groups look to legalize marijuana in ’12," November 6, 2010
- Denver Post, "Colorado pot backers aim for legalization vote in 2012", May 19, 2011
- The 420 Times, "Former Cop And Judge To Collect Signatures For Marijuana Ballot Measure In Colorado", August 2, 2011
- Glenwood Springs Post Independent, "We must be careful with legalization of marijuana", August 1, 2011
- Denver Post, "Infighting plagues Colorado marijuana legalization bid", September 1, 2011
- Denver Post, "AG Eric Holder urged to oppose Colorado marijuana ballot issue", June 13, 2012
- Daily Camera, "Colorado lawmakers warn about constitutional hazards of marijuana legalization", September 5, 2012
- Opposing Views, "Study Says Passage of Marijuana Legalization Law Could Yield $60 Million in New Annual Revenue in Colorado", August 20, 2012
- Reuters, "Marijuana initiative could make or break Obama in Colorado", June 2, 2012
- Stop the Drug War, "Majority in Colorado Poll Want Marijuana Legalized", August 13, 2011
- Public Policy Polling, "Colorado loves Hickenlooper, Bennet would rout Buck in re-do", August 11, 2011
- Public Policy Polling, "Colorado favors gay marriage, marijuana use, loves Tebow", December 9, 2011
- NORML.org "NEW POLL: High Support for Marijuana Legalization in Colorado, 61% Say Regulate Like Alcohol and Tobacco," June 11, 2012
- Rasmussen Reports, "61% in Colorado Favor Legalizing, Regulating Marijuana", June 9, 2012
- TalkingPointsMemo.com "Poll: Colorado Pot Amendment Could Pass — And Hurt Obama," August 8, 2012
- Denver Post, "Colo. pot proposal faces another legal challenge", July 11, 2011
- Denver Post, "Colorado marijuana legalization campaign goes to court over ballot book", September 10, 2012
- Denver Westword Blogs, "Marijuana legalization ballot measures language not likely to change much", June 1, 2011
- KGWN.com, "Pot legalization before Colo. elections panel", June 15, 2011
- The Republic, "Pot, booze analogy sparks complaint about Colorado ballot proposal on legalizing marijuana", July 6, 2011
- The Republic, "Supporters of legalizing recreational pot in Colo. kick off petition drive for ballot measure", July 7, 2011
- The 420 Times, "Colorado Campaign to Regulate Marijuana Like Alcohol Signature Bomb", September 24, 2011
- GJ Sentinel, "Pot backers could get question on 2012 ballot", December 28, 2011
- Denver Post, "Colorado effort to legalize marijuana turns in signatures, tackles skepticism from female voters", January 5, 2012
- Yahoo.com, "More Signatures Needed for Colorado Marijuana Initiative", February 4, 2012
- Hawaii News Daily, "Colorado Marijuana Initiative Turns in Final Signatures", February 17, 2012
- Times Call, "Marijuana-legalization initiative qualifies for Colorado ballot this fall", February 27, 2012