Colorado Amendment 64 made it legal for adults 21 and older to posses up to one ounce or less of marijuana and grow up to six marijuana plants in their home.  The State of Colorado will be moving forward with implementing regulations for retail marijuana stores.  Amendment 64 News will provide the citizens of Colorado updates and interviews relating to the passage of regulations that will enable the retail sale of Marijuana.

 

 

Why Would the Legislature be willing to commit a felony under 18 U.S.C. § 242 when it comes to implementing Amendment 64?

For those of you that have read the Amendment passed by the voters of Colorado it would seem straight forward.  (1)(a)In the interest of the efficient use of law enforcement resources, enhancing revue for public purposes...declare that the use of Marijuana should be legal... and Taxed in a manner similar to Alcohol.  Then in (10)(b) In the interest of health and public safety....Marijuana should be regulated in a manner similar to Alcohol so that:.  Seems straight forward, even a child would tell you "Just like Alcohol" mommy. 

But then comes the recommendations from Governor Hickenlooers handpicked "Task Force", to tell us that marijuana should be regulated just like medical marijuana, using Vertical Integration.  After the news media informed the public that US Attorney General Holder had been in contact with the Governor Hickenlooper and Jack Finlaw the Governor's general Counsel announced at the December 17, 2012 Task Force first meeting that the Task Force will look into regulating Marijuana in a manor other than like alcohol.

Sure enough Jack Finlaw speaks and the Task Force makes the recommendations that ignores the plain text of the amendment.  The Task Force does not even mentioning in its final report the option of implementing marijuana regulations just like alcohol.  They did mention in 1.2 - State Run Model of the final report possibility of have the government operate state run stores for adult-use marijuana.  What a choice, both recommendations are in violation of the new amendment to the state constitution.

So why would they do this?  Just recommending that the Colorado State Legislature implement a regulation scheme that is in direct violation of the new amendment is just in your face power grab.  Remember in politics "money is the mother's milk of politics".  The answer is just "follow the money".

Let's review what happened, so Eric Holder calls the governor and then Governor Hickenlooers appoints a Task Force that issues recommendations that violates the plain text of the amendment and recommend vertical integration.  Why vertical integration you ask?  From Wikipedia, it states that " A monopoly produced through vertical integration is called a vertical monopoly.".[i][ii]  Vertical integration creates a monopoly from those that have the money to purchase the license and then fund the enterprise along with the cost of the regulations. 

At the Joint committee on Amendment 64 implementation there was testimony stating that the regulations for vertical integration in the medical marijuana industry had driven many start up dispensaries out of business.  The medical marijuana regulations are detrimental to the market place  and has had the effect of only having the deep pocket dispensaries able to stay in business. 

It has been said that the current Medical Marijuana Dispensaries have hired the lobby firm used by Xcel Energy to lobby the Task Force and Legislature to ensure vertical integration is passed and giving them exclusive right to the licenses for recreational marijuana.  Sure enough right there in the Task Force recommendations Vertical Integration it gives current dispensaries exclusive right to licensees.  They will say that they put in a sunset review after three years.  I am sure that in three years the review by the Colorado legislature will just rubber stamp once again vertical integration or vertical monopoly.

Amendment 64 was supported by 55% of the citizen to legalize a substance that has never killed anyone.  Unlike alcohol, heroin, cocaine, methamphetamine and prescription drugs, the largest killer of them all.  Everyone knows someone that smokes marijuana or have personally used marijuana in their life.  So the citizens of Colorado passed Amendment 64 to decriminalize a substance that has not killed anyone or destroy any families.   By the prosecution of those that use and possess marijuana has the destruction of families taken place.

Now here comes the regulation that will only prolong the underground black market for marijuana.  The amount of taxes that the politicians believe will be collected will never materialize.  So then the true goal of the new regulation must be to subvert the free market and ensure that the profits from the illegal market of  marijuana will still go to the same group that has always benefitted from marijuana being illegal.

So now what do we do?

                We have three choices.  Our first choice is to sit back and do nothing.  Thus allowing the powers that be, once again profit from the new regulations.  Our second choice is to fight the new regulations in the political arena.  But we know that is a losing proposition in the future just as it is today.  Money is the mother's milk of politics.  The average citizens are not organized enough and only money talks in the political arena. 

Our only choice has to be in the courts using the civil rights laws, specifically 18 U.S.C. § 242 - Deprivation of rights under color of law.  Since Amendment 64 is part of the constitution of Colorado, it is a civil right.  The implementation of Amendment 64 is straight forward.  In the text of the amendment it  lays out how the new amendment is to be regulated.  The only job the legislature has is to create the regulations that will implement amendment 64 as written. 

So how would 18 U.S.C. § 242 apply and what does it say?

18 U.S.C. § 242 - Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Now from the FBI's website concerning 18 U.S.C. § 242

Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law


This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

 

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

 

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

 

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.[iii]

 

18 U.S.C. § 242 will be a powerful tool to bring to justice those that have and will blatantly violate the plain text of the new amendment.  To believe that the politicians in power and the behind the scenes elite's will submit to political pressure from the citizens is just folly.  The question now is will the courts allow a civil right law suit move forward, only time will tell.

To sit back and do nothing would be the biggest mistake of all.  This illegal regulation that is most certain to pass the Colorado State Senate and House must be met head on.  And not at the ballot box but in the courts with a civil rights law suit. 

So who should be named in the law suit?  Governor Hickenlooper, Jack Finlaw, All the members of the Task Force and every Senator and House representative that votes for the new regulation, that is repugnant to Amendment 64.  Since the new regulations will affect all the citizens of Colorado, the civil rights law suit should moved to be a class action law suit.

Tom Valdez

Amendment64News.com

  

 

 Our reply to the Westword article that was posted March 18th 2013.

 

So to no ones surprise the task force makes the recommendation that is blatantly unconstitutional under Amendment 64.  On page 16 of the Recommendations 1.1 - Vertical Integration it states "current 70/30 "vertical integration" model, as contained within the Medical Marijuana Code, for adult-use marijuana". But Amendment 64 Section 16 (1)(b) ..."that marijuana should be regulated in a manner similar to alcohol so that:"  So then why did the Task Force blatantly go against the letter of the amendment?  Follow the money, the Medical Marijuana industry has paid lobbyist that pulled off this coup d'état against Amendment 64.  Giving the sole right to obtain license to Medical Marijuana Dispensaries for the next 3 years, such a sweet deal.  I believe when you violate the constitution it is called treason, if nothing else it is a civil rights violation.  Under Title 18,  U.S.C., Section 242
Deprivation of Rights Under Color of Law  But to attorneys and politicians it is just another day at the office.  Thank you Jack Finlaw and Eric Holder.  www.amednment64news.com

Marijuana: Joint committee to use task force recommendations to iron out Colorado pot laws

 
Categories: Marijuana

 

Colorado legislators have formed a body to help craft legislation based on recommendations of the governor-appointed Amendment 64 task force, which wrapped up February 28 and released its findings this week. The Joint Select Committee on the Implementation of the Amendment 64 Task Force Recommendations (no, not that kind of joint) is made up of five senators and five representatives from both sides of the aisle. They will take the task force's suggestions and lay them out as a proposed set of laws for legislators to approve or deny.

 

The group is scheduled to meet twice -- first this Friday at 1:30 p.m. at the State Capitol, and again on March 22. Committee members hope to complete their review of the recommendations by March 29, then propose bills that would enable the implementation of Amendment 64.

In a statement, Representative Dan Pabon, a Democrat who represents Denver and is chairing the committee, says, "The people of Colorado have ordered us to set up a system to promote public safety, protect our children and regulate recreational marijuana. A select committee is the most efficient, most transparent way to draft a bill that deals with the many, many facets of implementing Amendment 64."

The select-committee format was most recently used in the 2011 congressional-redistricting debate.

The other House Democrats on the committee with Pabon are representatives Jonathan Singer and Jenise May; Democratic senators Cheri Jahn, Gail Schwartz and Jessie Ulibarri have also been appointed. In another statement, Jahn says, "This select committee is a continuing effort on the part of the state to implement Amendment 64 in a way that provides an effective road map for businesses, promotes public health, and addresses numerous policy issues relative to this new law."

The remaining four members will be chosen by the minority leaders in the House and Senate.

 

http://blogs.westword.com/latestword/2013/03/marijuana_joint_committee_amendment_64.php

 

 

 

 

  

 

 

Task Force Report on the

Implementation of Amendment 64

Regulation of Marijuana in Colorado
 
Task Force Co-Chairs: Jack Finlaw Chief Legal Counsel Office of the Governor and Barbara Brohl Executive Director Colorado Department of Revenue
March 13, 2013
 
 
 
  

 

 

 

Bill unveiled to legalize medical pot

 By KEVIN ROBILLARD | 2/25/13 11:54 AM EST

Flanked by more than 150 advocates from around the country, Oregon Democrat Earl Blumenauer on Monday put forward his legislation allowing states to legalize medical marijuana in an effort to end the confusion surrounding federal pot policy.

Blumeanuer’s legislation, which has 13 co-sponsors — including GOP Rep. Dana Rohrabacher of California — would create a framework for the FDA to eventually legalize medicinal marijuana. It would also block the feds from interfering in any of the 19 states where medical marijuana is legal.

At a press conference outside the Capitol, Blumenauer didn’t attack the Drug Enforcement Agency for targeting marijuana dispensaries or blame the Justice Department for forcing marijuana businesses to operate in a legal gray zone. Instead, he pitched his legislation as a solution to the confusion surrounding federal marijuana policy.

 “Frankly, the people in the federal hierarchy are in an impossible position,” Blumenauer said, adding: “It gets the federal government and the Department of Justice out of this never-never land.”

On the heels of successful referendums legalizing marijuana in both Colorado and Washington state, Blumenauer and Rep. Jared Polis (D-Colo.) introduced legislation to end federal marijuana prohibition and set up a scheme to tax the drug.

The activists surrounding Blumenauer had just come from a four-day conference on medical marijuana, and many of them were veterans of campaigns to legalize the treatment in their home states. Some held a sign that wouldn’t be out of place at a tea party rally against the Affordable Care Act — “GET POLITICS OUT OF MY MEDICINE.”

Karen Munkacy, a doctor who helped lead the pro-medical marijuana side of a successful referendum in Massachusetts, said her breast cancer diagnosis forced her to “choose between breaking the law and suffering terribly. And I chose to suffer terribly.”

Scott Murphy, an Iraq War vet, said medical marijuana could help returning soldiers handle post-traumatic stress disorder or physical injuries. Murphy noted 22 veterans killed themselves each day in 2012.

“If medical marijuana could help just one veteran, it would be worthwhile,” he said.

Blumenauer’s bill isn’t likely to pass, but Americans for Safe Access Policy Director Mike Liszewski said bills in four states — New Hampshire, Illinois, New York and Maryland — have a chance of becoming law this year. In New Hampshire, where backers fell just a few votes short of overriding a governor’s veto last year, advocates are “really confident.” The state’s new governor, Democrat Maggie Hassan, supported medical marijuana as a state legislator.



Read more:
 
http://www.politico.com/story/2013/02/bill-unveiled-to-legalize-medical-pot-88031.html#ixzz2Lw8JNHmT

 

  

 

My Way News

 

APNewsBreak: Effort building to change US pot laws


Feb 4, 4:26 PM (ET)

By GENE JOHNSON

 

SEATTLE (AP) - An effort is building in Congress to change U.S. marijuana laws, including moves to legalize the industrial production of hemp and establish a hefty federal pot tax.

While passage this year could be a longshot, lawmakers from both parties have been quietly working on several bills, the first of which Democratic Reps. Earl Blumenauer of Oregon and Jared Polis of Colorado plan to introduce Tuesday, Blumenauer told The Associated Press.

Polis' measure would regulate marijuana the way the federal government handles alcohol: In states that legalize pot, growers would have to obtain a federal permit. Oversight of marijuana would be removed from the Drug Enforcement Administration and given to the newly renamed Bureau of Alcohol, Tobacco, Marijuana and Firearms, and it would remain illegal to bring marijuana from a state where it's legal to one where it isn't.

The bill is based on a legalization measure previously pushed by former Reps. Barney Frank of Massachusetts and Ron Paul of Texas.  

Blumenauer's bill would create a federal marijuana excise tax of 50 percent on the "first sale" of marijuana - typically, from a grower to a processor or retailer. It also would tax pot producers or importers $1,000 annually and other marijuana businesses $500.

His office said Monday it doesn't yet have an estimate of how much the taxes might bring in. But a policy paper Blumenauer and Polis are releasing this week suggests, based on admittedly vague estimates, that a federal tax of $50 per ounce could raise $20 billion a year. They call for directing the money to law enforcement, substance abuse treatment and the national debt.

Last fall's votes in Colorado and Washington state to legalize recreational marijuana should push Congress to end the 75-year federal pot prohibition, Blumenauer said.

Washington state officials have estimated that its legal marijuana market could bring in about half a billion dollars a year in state taxes.

"You folks in Washington and my friends in Colorado really upset the apple cart," Blumenauer said. "We're still arresting two-thirds of a million people for use of a substance that a majority feel should be legal. ... It's past time for us to step in and try to sort this stuff out."

Advocates who are working with the lawmakers acknowledge it could take years for any changes to get through Congress, but they're encouraged by recent developments. Senate Minority Leader Mitch McConnell last week came out in support of efforts to legalize hemp in his home state of Kentucky, and U.S. Rep. Dana Rohrabacher, R-Calif., is expected to introduce legislation allowing states to set their own policy on marijuana.

Senate Judiciary Chairman Patrick Leahy, D-Vt., has indicated he plans to hold a hearing on the conflict between state and federal marijuana laws and has urged an end to federal "mandatory minimum" sentences that lead to long prison stints for drug crimes.

"We're seeing enormous political momentum to undo the drug war failings of the past 40 years," said Bill Piper, director of national affairs for the Drug Policy Alliance, who has been working with lawmakers on marijuana-related bills. "For the first time, the wind is behind our back."

The Justice Department hasn't said how it plans to respond to the votes in Washington and Colorado. It could sue to block the states from issuing licenses to marijuana growers, processors and retail stores, on the grounds that doing so would conflict with federal drug law.

Blumenauer and Polis' paper urges a number of changes, including altering tax codes to let marijuana dispensaries deduct business expenses on federal taxes, and making it easier for marijuana-related businesses to get bank accounts. Many operate on a cash basis because federally insured banks won't work with them, they noted.

Blumenauer said he expects to introduce the tax-code legislation as well as a bill that would reschedule marijuana under the Controlled Substances Act, allowing states to enact medical marijuana laws without fear that federal authorities will continue raiding dispensaries or prosecuting providers. It makes no sense that marijuana is a Schedule I drug, in the same category as heroin and a more restrictive category than cocaine, Blumenauer said.

The measures have little chance of passing, said Kevin Sabet, a former White House drug policy adviser. Sabet recently joined former Rhode Island Rep. Patrick Kennedy and former President George W. Bush speechwriter David Frum in forming a group called Project SAM - for "smart approaches to marijuana" - to counter the growing legalization movement. Sabet noted that previous federal legalization measures have always failed.

"These are really extreme solutions to the marijuana problem we have in this country," Sabet said. "The marijuana problem we have is a problem of addiction among kids, and stigma of people who have a criminal record for marijuana crimes.

"There are a lot more people in Congress who think that marijuana should be illegal but treated as a public health problem, than think it should be legal."

Project SAM suggests people shouldn't get criminal records for small-time marijuana offenses, but instead could face probation or treatment.

---

Johnson can be reached at https://twitter.com/GeneAPseattle

 

 

 

Pot activists divided over new cannabis club

By Jim Spellman, CNN

updated 5:39 PM EST, Tue January 1, 2013

 

 

Denver (CNN) -- A small group of New Year's Eve revelers here ditched the traditional champagne toast, lighting up joints instead at a newly opened marijuana club.

The members-only Club 64 is the first of its kind to open in Colorado since November when voters approved Amendment 64, which legalized possession of small amounts of marijuana for recreational use.

The club opened on New Year's Eve at 4:20 p.m. -- another significant number among pro-pot advocates -- to a small, but enthusiastic crowd of about a dozen people, all over the age of 21. Each member paid a $29 fee, allowing them to bring their own weed and smoke anywhere on the premises.

Not all of Colorado's marijuana advocates are celebrating.

"Much of our success with Amendment 64 was making the soccer moms comfortable," said one advocate who campaigned to pass the amendment and declined to be named for fear of creating a rift within the marijuana advocacy community.

"This is not the fight we want to have right now."

Even though the club doesn't sell marijuana, the advocate said it "thwart(s) the intent of Amendment 64," which requires a year-long waiting period before stores are allowed to open and sell marijuana. That provision is designed to allow state and local governments enough time to regulate the industry and, proponents hope, to help ease fears in the community.

Despite new laws in Colorado and Washington state, federal law still prohibits recreational marijuana use. It's unclear if the federal government will step in and try to stop either state's laws from being enacted.

The advocate expressed concern that unregulated marijuana clubs in Colorado could create a bad impression on voters who supported the measure.

"We have not only an opportunity but a responsibility to demonstrate to America this can work."

Opinion: President needs to fix broken drug policy

In a carefully worded statement, the advocacy director of Yes on Amendment 64 said that while Club 64 poses no risk to the community, it does put at risk the advances their cause has made.

"We can best demonstrate that regulation is a much safer approach to marijuana policy than prohibition through the careful and swift creation of regulated businesses," Betty Aldworth said.

Those who showed up at Club 64 Tuesday weren't interested in making sure "soccer moms" would approve of their behavior. They just wanted to celebrate their recent victory at the ballot box by ringing in the new year with their now legal drug of choice.

"The voters of Colorado have said we want cannabis to be legalized and we want a bunch of like-minded adults to be able to get together and exercise their constitutional rights together and that's what Club 64 embodies," said club owner Rob Corry.

Gabriel Kinderay, clad in an orange Denver Broncos cap, wasted no time filling a small glass pipe with marijuana he says he grew himself and lighting up.

"It seems like up until today we were the kind of people that had to be secretive about who we were and how we lived our lives," he said. "Over the last couple of years we've been able to start really talking more openly about what we do and people have accepted it and that's great. I'm glad to see that."

Marijuana use holds steady among U.S. teens

Club 64 doesn't have a permanent location and the address for the New Year's Eve celebration was distributed only to paying members. Corry hopes to make the club a monthly event, moving from location to location.

Long-time Denver marijuana activist Miguel Lopez hopes Amendment 64 and Club 64 will serve as a model for other communities.

"It's a pathway to further freedom," said Lopez. "Are we truly free if all human beings cannot possess marijuana? Not just in Colorado but as a human rights campaign globally. Let Denver be a beacon of hope for freedom, for true freedom."

Lopez then fired up a joint, held in the smoke and exhaled with a series of coughs.

"You can't get off if you don't cough," he said with a grin.

The new year could bring a deeper divide among Colorado's pro-marijuana advocates, as the state tries to figure out how to reconcile its new law with the federal government and the stigma surrounding the drug that advocates insist is no worse than alcohol.

Corry, an attorney and a longtime marijuana advocate who is known for ruffling feathers, rejected the notion that his club is hampering efforts to make marijuana more socially and legally acceptable.

"This is much larger than just marijuana, this is a civil rights struggle to end prohibition and civil rights struggles and overcoming oppression (do) not happen easily," Corry said. "It has to happen by people taking chances and sometimes yes, pushing the envelope ...

"And that is how change happens in this country and that's what got us to this point -- people taking chances and pushing the envelope."

 

  

 

 

Denver’s first private marijuana club opens on New Year’s; but is it legal?

Posted on: 8:59 pm, December 31, 2012, by updated on: 07:22am, January 1, 2013 Fox 31 News

 

 

 

  

 

 

Members-Only Marijuana Clubs Open in Colorado

 

 

Recreational marijuana clubs opened Monday in Colorado, less than a month after the state governor signed into law a constitutional amendment allowing recreational pot use.

With a reggae soundtrack and flashing disco-style lights, Club 64 in an industrial area just north of downtown Denver opened Monday afternoon, with some 200 people signed up. The opening came less than 24 hours after club organizers announced they would charge a $29.99 admission price for the bring-your-own pot club.

Two Colorado clubs were believed to be the first legal pot dens in the nation.

New Club 64 members were firing up bongs and exchanging hugs before the sun set Monday, and they also planned to ring in the new year together.

"Look at this!" an excited Chloe Villano exclaimed as the club she created over the weekend opened. "We were so scared because we didn't want it to be crazy. But this is crazy! People want this."

Colorado's marijuana amendment prohibits public consumption, and smoke-free laws also appear to ban indoor smokeouts. But Club 64 attorney Robert Corry, who cut a ribbon at 4:20 p.m. for the new club, said private pot dens are permissible because marijuana isn't sold, nor is it food or drink. Villano, the club owner, said the pot club would meet monthly at different locations, with the $29.99 membership fee good for only one event.

On Monday, the pot club was meeting in a hemp-based clothing store near downtown. Hooded sweatshirts and backpacks were shoved to a corner. In the main area, a few small tables sat next to a screen showing "The Big Lebowski."

A bar decorated with blue Christmas lights handed out sodas and Club 64's official snacks — Goldfish and Cheetos. The snacks were inspired by Colorado Gov. John Hickenlooper, who warned marijuana users the night of the marijuana vote, "don't break out the Cheetos or Goldfish too quickly." Club 64 gets its name from the number of the amendment.

The Denver Post reported that a similar pot club opened earlier Monday in the small southern Colorado town of Del Norte (del-NORT').

Corry said the pot clubs are intended for people who can't use marijuana at home because of local ordinance or because their landlords threaten eviction.

"It's just a place for adults to exercise their constitutional rights together," Corry said. "We're not selling pot here."

Among the new Club 64 members planning to ring in the New Year was Joe Valenciano of Denver. He heard about Club 64 yesterday and signed up immediately.

"We need more clubs like this," Valenciano said.

An hour after opening, no police were seen outside Club 64. Villano said the club wanted to open symbolically at 4:20 p.m., but that the party wouldn't get going until about 9 p.m., when DJs were scheduled to start as members prepared for pot-filled countdown to burn in the New Year.

———

Find Kristen Wyatt at http://www.twitter.com/APkristenwyatt

  

 

The question on everyone's mind: So how do I grow my 6 plants?

by Tom Valdez

December 19, 2012 - Colorado - Amendment64news.com

With the retail marijuana establishments and licensing not viable until sometime January 2013, what are the options for someone to obtain marijuana in Colorado under Amendment 64?

 

That would be section 3a, growing 6 plants with only 3 flowering Plants.  Easier said than done, that quality bud that is enjoyed by Coloradoans' all over the state is not something an armature should try without considering the pitfalls and expense that come with it.

 

I am sure Colorado wives have already heard it, honey we can just convert the basement in to the perfect grow room and we will have sweet bud in just 90 days or so.  Believe me that conversations has taken place, the dreams of hydroponics, grow lamps, timers and just the right clone and we will be set.

 

Think again, the product that comes magically through your door is in not just some potted plant the you water twice a day and badda bing, badda boom and here is "The Kind" you enjoy so much.

 

To produce that sweet bud takes talent expertise and above else money, lots of it.  So let's run some numbers, Marijuana or Cannabis has a grow to light conversion of  about 1 watt per gram of dry weight.  IF you are using 1000 watt grow light using about $100 a month electricity, then three month later and you have spent $300  for your first 3 plants.  Now for the equipment itself is going to set you back $1000 to $2000 and you have to assembly it all and your ready to grow.

 

So now the magic, were do you get the clones which is the preferred way to start your garden, or seeds.  But the drawback of seed is the chance of getting a male plant, the curse of all growers.

 

Section 3(e) is the key for the novice grower, find a seasoned veteran grower and hire him for his expertise.  More to come...

  

 

 

 

Task Force talked about not regulating Marijuana like alcohol.

by Tom Valdez

December 19, 2012 - Amendment64news.com

At the December 17, 2012 meeting Jack Finlaw, the Governor’s Chief Legal Counsel, co-chair of the task force made a statement that surprised your truly.  In one of the remarks Jack Finlaw stated that he believed that regulating Marijuana just like alcohol may not be the best way and that the Task Force will look at other options.

 

After that statement I was left wondering if Jack Finlaw had actually read the amendment. 

Article XVIII Section 16

(1) Purpose and findings.
               (a) IN THE INTEREST OF THE EFFICIENT USE OF LAW ENFORCEMENT RESOURCES, ENHANCING REVENUE FOR PUBLIC PURPOSES, AND INDIVIDUAL FREEDOM, THE PEOPLE OF THE STATE OF COLORADO FIND AND DECLARE THAT THE USE OF MARIJUANA SHOULD BE LEGAL FOR PERSONS TWENTY-ONE YEARS OF AGE OR OLDER AND TAXED IN A MANNER SIMILAR TO ALCOHOL.
  

 

              (b) IN THE INTEREST OF THE HEALTH AND PUBLIC SAFETY OF OUR CITIZENRY, THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE THAT MARIJUANA SHOULD BE REGULATED IN A MANNER SIMILAR TO ALCOHOL SO THAT....

 

 

 

     So right out the gate Jack Finlaw talked openly about violating the amendment at the first meeting.  I would like to remind the Task Force that they are dealing with implementing a State Constitutional Amendment and not a statue passed by the legislature.  As a laymen even I understand the difference.  You would believe that as the governors chief legal consul he would understand the difference.

 

 

  The Task Force does not have the authority change the facts that are spelled out in plain english of what is required by the amendment passed by the voters.  But we have to realize that Jack Finlaw is an attorney and as such he can read apple and tell every that it means banana's, it their job, then charge you $450 an hour.

 

Well not this time, if he continues to make unconstitutional statements and tries to make changes not authorized by the language of Amendment 64 the then the Governor will be required to replace him and appointment another co-chair.

 

 

  The direction of the scope of the work is laid out in the amendment and in Governor Hickenlooers executive order establishing the Task Force. Section 1(a) and 1(b) specify that the new regulations must by just like the alcohol regulations, period.  

 

 

  

 

 

What can you do to Possess legal Marijuana?

by Tom Valdez

December 19, 2012 - Amendment64news.com

As the dust settles on Amendment 64 that the voters passed on November 6th, 2012 the question is: What is currently legal right now that doesn't require action from the legislature.

 

 

 Right now the only portion of Amendment 64 that is in affect is Section 3: Personal use of Marijuana (Link to text) and Section 4 (a): Marijuana Accessories (Link to text).  But the key to Section 3 is (e) ASSISTING ANOTHER PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER IN ANY OF THE ACTS DESCRIBED IN PARAGRAPHS (a) THROUGH (d) OF THIS SUBSECTION.

 

 

Section 4 (a) is the only activity that does not require a license.  That section reads: MANUFACTURE, POSSESSION, OR PURCHASE OF MARIJUANA ACCESSORIES OR THE SALE OF MARIJUANA ACCESSORIES TO A PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER.

 

With the Section 2 (g) defining Marijuana Accessories, covering all of the materials needed for someone to achieve Section 3 (b) growing 6 plants.  Section 4 (a) purchase and possession of Marijuana Accessories being legal.

 

Where does this take us?

 

From now until January 1 , 2014 the citizens of Colorado have only one legal path to acquire the Marijuana that is legal to possess and that is to grow their own.   But as a lot of the Medical Marijuana people will tell you it is easier said than done.  Oh sure you can get the plant to grow but the result vary from the extreme, "the Kind" or just another dead house plant.

 

Section 3 (b) allows citizens to purchase the equipment needed to grow 6 plants, that means 6 flowering and 6 vegetation plants per married household over the age of 21.  This equipment is legal to sell and possess under Section 4 (a).  Also the ability to hire an experienced grower under Section 3 (e) to helping them bring their plants to maturity.

 

The citizens of Colorado need to form a members club or a co-op to provide the as stated in section 3 (b) where this growing will take place and not trying to use their basement, spare room or garage.  Just like renting a storage unit that gives you rights to a given amount of usable space to store your junk, so would the club or co-op provide the "premises" for you to grow your own  6 plants.

 

How this would work is still being discussed.  The attorneys have a lot of billable time ahead and don't we all just love attorneys.  A letter requesting the answers to these and other questions has been sent to Governor Hicklooper's office for legal clarification.

 

Governor Hickenlooper had better be working to solve these basic legal questions before he starts talking about the long process of implementation of Section 4 of Amendment 64.  The people of Colorado have a right to know what will be legal for them to accomplish Section 3 and enjoy growing their own legal Marijuana for the next year.

 

 

 

 

 

 

  

 

 

Amendment 64 Task Force Meets for first time.

 by Tom Valdez

Golden Colorado — Monday, Dec. 17, 2012 — The Amendment 64 Task Force held their first meeting today in Golden Colorado.  Jack Finlaw, the Governor’s Chief Legal Counsel, co-chair of the task force opened the meeting to a standing room only crowd.  Barbara Brohl, the Executive Director of the Colorado Department of Revenue, the other co-chair went through the contents of the information contained in the binder all the members of the task force received.

 

The members agreed to meet 5 times before Feb. 28, 2013 deadline Gov. John Hickenlooper set for the Task Force to present their recommendations to the state legislature.  The dates are Jan. 7th, Jan. 22nd, Feb. 5th, Feb. 19th and the final meeting to be Feb. 28th, the day the recommendations are due.

 

Jack Finlaw introduced the 5 sub committee setup to work out the details of their recommendations for implementing the new amendment passed by the voters.

 

        Local Authority & Control

        Regulatory Framework

        Tax Funding & Civil Law

        Consumer & School Safety

        Criminal Law

 

Finlaw stated that he had already picked the committee chairmen and requested that the other task force members email him with the list of which committees they would like to participate on.  The task force then discussed the goals of each subcommittee and submitted written idea's to be included in the discussion at the future meetings to be held.  Once the subcommittees' are formed they will began meeting in January on a regular basis.

The meeting then move to an open forum so the public could speak.

The task force has a lot on their plate that needs to be hammered out before the deadline set by Gov. Hickenlooper.

Here is a link from Fox 31 News that had reporter Jim Hooley present at the meeting.   

Task Force Agenda for Dec 17, 2012

 

Should Colorado create a Marijuana Strain Depository for the citizens to access?

by Tom Valdez

Amendment 64 news / Friday Dec 14,2012 9pm MT

Now that President Obama has stated that the Federal government will not make cracking down on the fledgling marijuana industry in Colorado a top priority, now it is up to the new Task force heading by Jack Finlaw to take the first crucial steps .

We believe that they should recommend the establishment a depository for cataloging and gather all the current strain of marijuana growing all across Colorado.  This needs to be done to allow Coloradoans the ability to obtain seeds or Clones ( the preferred method for growing) from a source inside the borders of our state.

Getting ahead of the first crucial need will ensure no outside source will develop as the Task Force moves forward.  Governor Hickenlooper could set this in motion by executive order, letting those involved figure it out as it progresses.

 

Recreational marijuana should not be top federal priority: Obama

 

 

WASHINGTON | Fri Dec 14, 2012 9:28am EST

(Reuters) - President Barack Obama says federal authorities should not target recreational marijuana use in two Western states where it has been made legal given limited government resources and growing public acceptance of the controlled substance.

 

His first comments on the issue come weeks after Washington state and Colorado voters supported legalizing pot, or cannabis, last month in ballot measures that stand in direct opposition of federal law.

"It does not make sense from a prioritization point of view for us to focus on recreational drug users in a state that has already said that under state law that's legal," he told ABC News in part of an interview released on Friday.

"At this point (in) Washington and Colorado, you've seen the voters speak on this issue. And, as it is, the federal government has a lot to do when it comes to criminal prosecutions," Obama said.

The Department of Justice has said pot remains a federally controlled substance and states have been looking for guidance from Washington on how it will handle the conflict with state laws.

Medical use of the substance is legal in 18 U.S. states. But federal officials have still continued to crack down on some providers in those states.

Pot remains an illegal narcotic under U.S. law, but Washington and Colorado became the first states in the nation to legalize recreational marijuana use on November 6. A similar effort in Oregon failed.

Obama called the situation "a tough problem, because Congress has not yet changed the law." He told ABC that "what we're going to need to have is a conversation about" how to reconcile federal and state laws, and that he has asked U.S. Attorney General Eric Holder to examine the issue.

In his 1995 memoir, "Dreams of My Father," Obama admitted to regularly smoking pot in high school. The father of two told ABC that he would not go so far as to say pot should be legalized altogether. There are also concerns about drug use in children and violence, he told ABC, according to its website.

"I want to discourage drug use," he added.

The new measures in Washington and Colorado, which already permit medical marijuana use, allow possession of up to an ounce of the substance for private use. They also will regulate and tax sales at special stores for those aged 21 and older.

(Reporting by Susan Heavey; Editing by Jackie Frank)

 

  

 

December 13, 2012 - Letter to Jack Finlaw from Amendment 64 News

 

Link to detail regulation suggestions by Amendment 64 News

 

 

 

 

Tom Valdez 

Amendment 64 News

 

December 13, 2012

 

Jack Finlaw

Co-Chair - Governor's Chief Legal Counsel

Amendment 64 Task Force

200 east Colfax Ave.

Denver, Colorado 80203

Dear Mr. Finlaw:

I am writing you to present my personal ideas about the new Amendment 64 regulations the task force that you are co-chairing is about to undertake.

 

You have been charged by the Governor and the citizens of Colorado to take on a task of  great importance.  The task force that you co-chair will either be a marker in time for states' rights or just a foot note in history.

You will either create a great bulwark against the Federal power structure or just another political and legal morass only befitting the attorneys in Colorado and Washington DC.

 

My idea's cover the follow 3 tools to implement the regulations for Amendment 64:

 

Colorado State Chartered Bank

Marijuana Establishment Exchange System

Marijuana Establishment Capital Insurance System

 

Please present these copies of ideas to the other task force members.  I would like to personal testify before your task force.

 

Tom Valdez

Amendment 64 News  

Enclosure: copies to be forwarded to the following members:

 

Barbara Brohl, Rep. Dan Pabon, D-Denver, Sen. Cheri Jahn, D-Wheat Ridge, Rep.-elect Dan Nordberg, R-Colorado Springs, Sen.-elect Vicki Marble, R-Fort Collins, David Blake, Kevin Bommer, Eric Bergman, Chris Urbina, James Davis, John Salazar, Ron Kammerzell, Christian Sederberg, Meg Sanders, Craig Small, Sam Kamin, Dr. Christian Thurstone, Charles Garcia, Larry Abrahamson, Brian Connors, Daniel Zook, Tamra Ward, Mike Cerbo

 

Link to detail regulation suggestions by Amendment 64 News

 

 

 

  

 

This from the CATO Institute, Decmeber 12, 2012 - important part is underlined

On the Limits of Federal Supremacy: When States Relax (or Abandon) Marijuana Bans

by Robert A. Mikos

Robert A. Mikos is professor of law and director of the Program in Law and Government at Vanderbilt University Law School.

The American Constitution divides governmental power between the federal government and several state governments. In the event of a conflict between federal law and state law, the Supremacy Clause of the Constitution (Article VI, Clause 2) makes it clear that state policies are subordinate to federal policies. There are, however, important limitations to the doctrine of federal supremacy.

 

First, there must be a valid constitutional basis for the federal policy in question. The powers of the federal government are limited and enumerated, and the president and Congress must always respect the boundary lines that the Constitution created.

Second, even in the areas where federal authorities may enact law, they may not use the states as instruments of federal governance. This anticommandeering limitation upon federal power is often overlooked, but the Supreme Court will enforce that principle in appropriate cases. more..

  

 

 

Gov. Hickenlooper Signs Amendment 64 Proclamation, Creates Task Force To Recommend Needed Legislative Actions

Posted by  at 12:09 PM December 10, 2012 on TheWeedBlog.com

 Governor Hickenlooper surprised the citizens of Colorado today by signing into law the new Amendment 64 passed by 55% of voters Last November 6th.  The Governor had said he had planned to wait until January 6th 2013 to make the official signing.

Hickenlooper said "Voters were loud and clear on Election Day.  We will began working immediately with the General Assembly and state agencies to implement Amendment 64."

Hickenlooper also announced that the new Task force to implement Amendment 64 would be co-chaired by Jack Finlaw, the Governors Chief Legal Counsel, and Barbara Brohl, the executive Director of the Colorado Department of Revenue.  The task will hold its first public meeting December 17 and report back no later than February 28, 2013.

 

Link to article by Johnny Green on theWeedBlog.com

 

  

 

Welcome to Colorado Amendment 64 News. 

The citizens of Colorado woke up November 7th to find that the voters the day before had passed Amendment 64 by 55% for and 45% against.  Along with Washington, Colorado is the first state to decriminalize the possession of one once or less for recreational use. 

Amendment 64 also setting up the guide lines for Cultivation, Processing and Retail sales of Marijuana.  Section 16 (5)(a) states "Not later than July 1, 2013 the Department shall adopt regulations necessary for implementation of this section..."

So from now until July 2013 the Colorado States legislature will be working to comply and implement the new constitutional Amendment 64 passed by the citizens of Colorado.  Amendment 64 News will be following the progress of the regulation through the legislature.

Amendment 64 News will provide the citizens of Colorado updates and interviews relating to the passage of regulations that will enable the retail sale of Marijuana.

Until the regulations are enacted the sale of Marijuana is still illegal.  The only option citizens have to acquire Marijuana is to grow it yourself for personal use. 

Section 16 (3)(b) Personal use of Marijuana

(b) POSSESSING, GROWING, PROCESSING, OR TRANSPORTING NO MORE THAN SIX MARIJUANA PLANTS, WITH THREE OR FEWER BEING MATURE, FLOWERING PLANTS, AND POSSESSION OF THE MARIJUANA PRODUCED BY THE PLANTS ON THE PREMISES WHERE THE PLANTS WERE GROWN, PROVIDED THAT THE GROWING TAKES PLACE IN AN ENCLOSED, LOCKED SPACE, IS NOT CONDUCTED OPENLY OR PUBLICLY, AND IS NOT MADE AVAILABLE FOR SALE.

You can find the full text of the Amendment 64 on the tab above, we have also broken it down into sections.

The citizens of Colorado need to be patient as the legislature does their job implementing the new amendment.  As they move forward the citizens need to contact their state representatives to ensure their opinion is heard as the new regulations are in the draft form.  We must be proactive to ensure the legislature complies with the full text of the new Amendment 64.

Section 16(2) Definitions (o)

“UNREASONABLY IMPRACTICABLE” MEANS THAT THE MEASURES NECESSARY TO COMPLY WITH THE REGULATIONS REQUIRE SUCH A HIGH INVESTMENT OF RISK, MONEY, TIME, OR ANY OTHER RESOURCE OR ASSET THAT THE OPERATION OF A MARIJUANA ESTABLISHMENT IS NOT WORTHY OF BEING CARRIED OUT IN PRACTICE BY A REASONABLY PRUDENT BUSINESSPERSON.

So turn to Amendment 64 News for the current updates on the passage of the new regulations that will govern the new amendment that the citizen passed on November 6th 2012.  You can find us on YouTube at www.youtube.com/amendment64news.