Underlying voters’ approval of Amendment 64, which made recreational marijuana use and sales among adults over age 21 legal in Colorado, was the sentiment that marijuana is not the terrifying Hydra it was once thought to be, capable of fraying the social, emotional, and familial fabric of communities, leaving a wake of ruined lives among users. Marijuana has evolved from being a forbidden substance to one found to have medicinal value to one deemed appropriate – by voters, at least – for recreational use. The transformation has been relatively rapid, and as is often the case in such circumstances, the regulatory environment is struggling to keep pace. It has not been wholly successful in that endeavor.
The Colorado Legislature, under the provisions of Amendment 64, was tasked with formulating rules about how recreational marijuana would be handled in the state, including proposing a taxing framework that will require voter approval. By and large, the panel convened to handle this task did so well, but there remain a number of murky questions that local governments would be wise to address prior to opening their communities to new recreational marijuana businesses. Nineteen localities are considering or has approved some breathing room for implementing marijuana sales. That is appropriate, given the many unknown variables associated with transitioning a substance from the black market to mainstream retail activity.
The transition is further complicated by the fact that existing regulations governing medical marijuana do not automatically transfer to recreational sales, in effect creating two different sets of rules for the two uses of the substance. Medicinal dispensaries will not be able to open their doors to all recreational users, and will instead have to create separate accommodations for those seeking marijuana as a pastime rather than a treatment. There are also different taxing structures for the two uses – pending voter approval – with recreational marijuana sales facing up to a 30 percent tax comprising state sales and excise levies, as well as any taxes local entities care to attach – again, with voter approval. In short, it is a hot mess.
Added to that is the reality that while the Obama administration has agreed, largely, to tolerate medical marijuana, the substance is, officially, still illegal nationwide, and transporting to and from other states – of which there are three within an hour’s drive of Cortez – is a federal crime.
Given these complications and the big pending question of whether voters will approve the state taxing proposals, governmental entities are completely reasonable to be considering a timeout in allowing recreational marijuana sales. Doing so allows for the regulatory environment to catch up with the philosophical shift that Amendment 64 brought to Colorado, and could keep municipalities from having to backpedal if any recreational marijuana-related businesses run afoul of or get ahead of local or state rules or the Justice Department.
In the meantime, Amendment 64’s underlying principle – that using marijuana recreationally is now legal – is in full effect, meaning that adults over age 21 can use marijuana and possess up to one ounce of the substance. The details of how, where and whether marijuana use and sales can take place remain unclear and cities are right to take their time in sorting out those questions.
