History was made once again today when Colorado Gov. John Hickenlooper signed an Executive Order that makes an “official declaration of the vote” related to Amendment 64. This declaration formalizes the amendment as part of the state Constitution and makes legal the personal use, possession and limited home-growing of marijuana under Colorado law for adults 21 years of age and older.
“Voters were loud and clear on Election Day,” Gov. Hickenlooper said in a prepared statement. “We will begin working immediately with the General Assembly and state agencies to implement Amendment 64.”
Colorado joins Washington as the first two states in modern history to legalize the consumption of cannabis by adults.
As of today, the following acts are no longer unlawful under Colorado state law for persons 21 years of age or older:
(a) POSSESSING, USING, DISPLAYING, PURCHASING, OR TRANSPORTING MARIJUANA ACCESSORIES OR ONE OUNCE OR LESS 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.
(c) TRANSFER OF ONE OUNCE OR LESS OF MARIJUANA WITHOUT REMUNERATION TO A PERSON WHO IS TWENTY-ONE YEARS OF AGE OR OLDER.
(d) CONSUMPTION OF MARIJUANA, PROVIDED THAT NOTHING IN THIS SECTION SHALL PERMIT CONSUMPTION THAT IS CONDUCTED OPENLY AND PUBLICLY OR IN A MANNER THAT ENDANGERS OTHERS.
(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.
Governor Hickelnlooper also announced today the formation of 24-member task force to oversee the implementation of the law, which ultimately mandates for the commercial production and sale of cannabis by those licensed to do so. A representative of Colorado NORML sits on this task force.
As I previously wrote last week, to be clear: This is not decriminalization — a policy change that amends criminal penalties for minor marijuana offenses, but that continues to define cannabis as illegal contraband under the law and subjects its consumers to civil penalties. Today in Colorado, like in Washington, cannabis — when possessed in private by an adult in specific quantities — is a legal commodity. And it is likely that there is very little that the federal government can do to stop it. States are not mandated to criminalize marijuana or arrest adult cannabis consumers and the federal government cannot compel prosecutors in Colorado or Washington to do otherwise.
The voters have spoken and change is upon us. Can you smell the freedom?