Colorado Marijuana Legalization Initiative, Amendment 64 (2012)

Marijuana Legalization Initiative
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Type:	initiated constitutional amendment
Constitution:	Colorado Constitution
Referred by:	The Cannabis Therapy Institute
Topic:	Marijuana
Status:	On the ballot

A Colorado Marijuana Legalization Amendment will be on the November 6, 2012 ballot in Colorado as an initiated constitutional amendment. The measure would legalize marijuana in the state. A similar measure was on the 2006 ballot in the state, where it was defeated.

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.

Background

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.

Support

Supporters

• Democratic Party of Colorado

Arguments

• 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."

Arguments

• 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.”

Opposition

Opponents

• 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."

Arguments

• 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."

Polls

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%.

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

Lawsuits

2012 measure lawsuits
By state
Arizona • Arkansas • Colorado • Florida • Maryland Michigan • Massachusetts • Minnesota Missouri • Montana • Nevada North Dakota • Ohio • Oklahoma Oregon • Rhode Island
By lawsuit type
Ballot text Campaign contributions Constitutionality Motivation of sponsors Petitioner residency Post-certification removal Single-subject rule Signature challenges Initiative process

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.

Path to the ballot

See also: Laws governing the initiative process in Colorado

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.

Hearing

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.

Signature collection

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.

As of September 1, 2011, the campaign to put the initiative on the ballot had collected 35,000 signatures, according to reports.

It was reported on September 24, 2011 that supporters had collected nearly half of the signatures needed to qualify for the ballot.

Signature gathering

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.

On February 27, 2012, the Colorado Secretary of State verified the signatures, placing the measure on the 2012 ballot.

See also

• 2012 ballot measures
• Colorado 2012 ballot measures

Articles

• Marijuana activists in Colorado may go for full-out legalization in 2012

Additional reading

• 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