Six Ways Colorado Will Regulate Marijuana Like Alcohol

[one...two...tree 2,762]

Colorado took a major step toward implementing a legal system for dispensing recreational marijuana, as Gov. John Hickenlooper (D) signed into law on Tuesday several pieces of legislation on the licensing, cultivation, and taxing of marijuana. The ballot initiative to legalize and regulate marijuana passed by voters last November immediately eliminated criminal punishment for possession by those 21-and-over of less than an ounce of pot and for growing up to six plants. But a legal system for dispensing cannabis will not take effect until producers and dispensaries can be licensed. And although Hickenlooper opposed the ballot initiative, his signature signals his willingness to implement the will of the voters. The laws passed Tuesday set up a state licensing authority that will set more specific rules for the marijuana industry, and enable the law to fulfill its stated purpose of regulating and taxing marijuana like alcohol to minimize criminal activity while protecting public health. Here are six of the ways it achieves that:

1. Marijuana dispensaries will have time, place, and number restrictions. The law authorizes local “time and place” restrictions on marijuana dispensaries and limits on the number of dispensaries, which will likely take the form of zoning laws. Statewide, it prohibits marijuana businesses from siting within 1,000 feet of schools, drug treatment facilities, or child care facilities, mirroring similar restrictions in many state marijuana laws. Also particularly noteworthy is that the law permits local jurisdictions to not only implement their own independent licensing schemes, but also to entirely ban retail marijuana establishments, a move that has been controversial and subject to court challenge in other states.
2. Colorado limits who may obtain a marijuana license. Among those prohibited from obtaining a license are all sorts of law enforcement officers, those with a criminal history that indicates “he or she is not of good moral character,” and anyone who plans to site a marijuana business in a food establishment.
3. Products will be subject to state oversight and testing. Licensed suppliers and retailers are required to provide a sample of their product to a state testing facility, which will likely verify the purity, potency, and safety of the products and eliminate the risk of black market purchases sometimes laced with other drugs.
4. Colorado will limit interstate purchases. Recognizing the significant concern of the Department of Justice that states with recreational marijuana laws not become suppliers for those around the country, Colorado law permits licensed marijuana retailers to sell only ¼ of an ounce per transaction to nonresidents.
5. Retailers, producers, and consumers will pay a hefty tax. The law Hickenlooper signed would impose a 15 percent excise tax and a 10 percent sales tax. The first $40 million of this revenue will go toward school construction. But state voters will have to vote on whether to approve this tax scheme during the 2014 election. Additional state and local taxes on all products may result in a total tax rate in excess of 30 percent.
6. Colorado has finally implemented driving under the influence regulations for marijuana.After years of wrangling over a DUI law that would both protect drivers and ensure that those who use medical marijuana regularly would not be criminally punished, Colorado now has a law limiting THC levels to 5 nanograms while driving. Those charged, however, willhave the opportunity to rebut a DUI allegation with evidence that their driving was in no way impaired.

Among the most controversial provisions in the set of laws is one to keep marijuana magazines behind the counter, like pornography. This first-of-its kind provision raises serious First Amendment flags by limiting marijuana speech in the same way as “indecent” sexually explicit material, and several publications are already queueing up legal challenges to this measure.

As Colorado moves ahead to implement the ballot initiative approved by voters in November, Attorney General Eric Holder has remained silent on how it will respond to Colorado and Washington’s recreational marijuana laws. While the Department of Justice has recentlyrenewed crackdowns on some medical marijuana dispensaries in Washington, no similar recent reports have emerged from Colorado, which has a particularly robust scheme for regulating medical marijuana. Facilities already dispensing medical marijuana will get first dibs on applying for licenses, starting in October, 2013, and those dispensaries could be operating as soon as January, 2014.

http://thinkprogress.org/justice/2013/05/29/2070641/five-ways-colorado-will-regulate-marijuana-like-alcohol/

[I AM NOT THAT GUY 5,715]

California redux.

[GandD 5,966]

California redux.

You're in California aren't you?

[Karee 4,190]

All of them seem pretty sensible except #5. How are they going to tell whether you have more than 5 nanograms of THC in your system?

[I AM NOT THAT GUY 5,715]

You're in California aren't you?

Yes. The community backlash is gaining momentum.

[GandD 5,966]

Yes. The community backlash is gaining momentum.

So what do you think about medical marijuana vs. making it illegal? As in, do you think its hurt or helped the community?

[Darnell 8,478]

This would be a great 'first job' for those immigrant spouses that just hit dirt, past the POE, in Colorado.

I'm a liking it...

Edited May 29, 2013 by Darnell

[I AM NOT THAT GUY 5,715]

So what do you think about medical marijuana vs. making it illegal? As in, do you think its hurt or helped the community?

It was much better when potheads hid in dark places like cockroaches.

[GandD 5,966]

It was much better when potheads hid in dark places like cockroaches.

How so? Like, an increase in the street riff-raff?

[I AM NOT THAT GUY 5,715]

How so? Like, an increase in the street riff-raff?

Yes, loitering and crime has increased in the neighborhoods where these "dispensaries" have sprung up. They have no Federal tax protections, as they are not legitimate businesses and cannot deduct the usual business expenses, so the IRS is able to seize cash and business assets at any time. It is a catch-22, where you have to maintain accurate records that prove just how much income you produced while you are breaking Federal law, but if you don't, they put you in jail for tax avoidance.

My pet peeve: There a blatant disrespect for those that don't enjoy the offensive odor, or the secondhand smoke. Of course, I am just as vocal about tobacco fiends as well. Your freedom ends when it invades my space.

[GandD 5,966]

Yes, loitering and crime has increased in the neighborhoods where these "dispensaries" have sprung up. They have no Federal tax protections, as they are not legitimate businesses and cannot deduct the usual business expenses, so the IRS is able to seize cash and business assets at any time. It is a catch-22, where you have to maintain accurate records that prove just how much income you produced while you are breaking Federal law, but if you don't, they put you in jail for tax avoidance.

I wonder if federal legitimization would help curb some of the problems.

My pet peeve: There a blatant disrespect for those that don't enjoy the offensive odor, or the secondhand smoke. Of course, I am just as vocal about tobacco fiends as well. Your freedom ends when it invades my space.

100000000000000000% agreed!

[one...two...tree 2,762]

This would be a great 'first job' for those immigrant spouses that just hit dirt, past the POE, in Colorado.

I'm a liking it...

How about a massage parlor? Those are always popular within Asian enclaves.

[RGinWA 816]

Washington is next! It's going to be a nationwide revolution when they see the tax dollars coming from this gold mine.

They need to allow sales on freeway exits; that will put a good number of people in my area to work thus reducing the need for cardboard signs professing a desire to work.

It all comes too late for me, I outgrew that phase in my 30's.

[Darnell 8,478]

How about a massage parlor? Those are always popular within Asian enclaves.

Well, I'm talking about Colorado here, a place I'll never go due to the elevation.

On a lighter note, when Jinky showed you her business plan, did you have any particular inputs about it? If so, what ?

[one...two...tree 2,762]

Well, I'm talking about Colorado here, a place I'll never go due to the elevation.

On a lighter note, when Jinky showed you her business plan, did you have any particular inputs about it? If so, what ?

You mean like adult entertainer? The thought never occurred to me but I like your line of thinking, madame.