A64 Arguments Against by Cannabis Alliance

By Cannabis Alliance
August 27, 2012

It’s unfortunate that long time grass roots activists in Colorado are coming out against A64. Why?

1. A64 does not repeal the majority of jail-able offenses (felonies)and leaves marijuana in the definitions of the state Controlled Substances Act, which makes all cannabis users subject to lose: employment, unemployment benefits, housing, school grants, government aid,child custody, fire arms and occupational licenses (of which DORA says 75% of workers in Colorado have). To suggest that under Amendment 64 all adult use and cultivation of marijuana is no longer criminalized is not only misleading, but will result in increased arrests.

2. Beinor-V-ICAO, People-v-Watkins and the Blue Sky rulingsseriously compromise the intentions of the Amendment 64 language before it is even voted on.3. Provides no relief for the most affected and arrested adults age 18 – 20. (especially those from disadvantages communities).4. Amendment 64 contains no proper legal deterrent to federal intervention and the surplus of $40 million via a constitutionally infirm excise tax will not stand in court. The soonest authorized retail sales for adults could be 2014, if at all. Forcing adults to rely on the black market in the interim.

5. Amendment 64 is designed to shut down MMJ. (A64 fiscal impact white paper predicts an 79% defection in registered MMJ patients to the recreational market) No MMJ centers can survive such a decline in the MMJ market.

6. Amendment 64 allows towns to ban all marijuana sales, which bolsters the black market, as most of state has already banned MMJ (over 95 bans statewide). This forces adults in ban areas to rely on illegal sales and risk criminal prosecution.

7. Amendment 64 sets a dangerous legal precedent of applying taxes to agricultural seed. (viable marijuana seed is defined as marijuana in Amendment 64). Per 39-26-716(4)(b) all sales and purchases of seeds are exempt from sales tax in Colorado. Amendment 64 taxes viable marijuana seed and specifically creates an excise tax on viable marijuana seed and this precedent could be incredibly harmful to Colorado farmers who use viable seed to produce agriculture.

8. Amendment 64 provides no legal guidance on hemp and merely mandates the general assembly to pass legislation. This still allows the general assembly to ban hemp production.

9. Amendment 64 enshrines “driving while under the influence” (any amount over zero) and “driving while impaired” into our constitution, by deferring to current State DUID limits could prevent MMJ patients and other wise responsible adults who consume cannabis from legally driving.”

If you CARE about more than just getting high, then please vote NO on 64.

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