Marijuana legalized with Hickenlooper's proclamation

Staff reports Updated: December 10, 2012 at 12:00 am • Published: December 10, 2012

Pikes Peak region recreational marijuana users got the green light to inhale without reprisal Monday after Gov. John Hickenlooper signed off on Amendment 64.

The amendment passed in El Paso County by just 10 votes, and local government leaders Monday were pondering what to do about legal pot. The region has had a burgeoning medical marijuana industry since 2010 after the state and local governments eased regulations.

The move Monday made it legal for any adult to possess small amounts of marijuana, regardless of whether they have a medical permit. The next step, statewide and locally, will be deciding whether the recreational marijuana industry will come to town, with pot sales regulated like liquor.
Colorado Springs is studying the issue and an El Paso County commissioner said they’ll consider banning the industry in unincorporated areas.

Colorado became the second state after Washington to allow pot use without a doctor’s recommendation. Both states prohibit public use of the drug, and commercial sales in Colorado and Washington won’t be permitted until after regulations are written next year.
Hickenlooper, a Democrat, opposed the measure but had no veto power over the voter-approved amendment to the state constitution.

The governor tweeted his declaration Monday and sent an executive order to reporters by email after the fact.

Hickenlooper told reporters he didn’t want to make a big deal about the proclamation, a decision that prevented a countdown to legalization as seen in Washington, where the law’s supporters gathered to smoke in public to celebrate.

Fewer than two dozen people publicly marked Colorado’s legalization day. A small group puffed away at 4:20 p.m. on the steps of the state Capitol, with no arrests and no police officers in sight.

“It smells like freedom,” said a smiling, puffing Timothy Tipton, a longtime marijuana activist.
Colorado law gave Hickenlooper until Jan. 5 to declare marijuana legal. He told reporters Monday he saw no reason to wait and didn’t see any point in letting marijuana become legal without his proclamation.

“If the voters go out and pass something and they put it in the state constitution, by a significant margin, far be it from myself or any governor to overrule. I mean, this is why it’s a democracy, right?” Hickenlooper said.

Adults over 21 in Colorado may now possess up to an ounce of marijuana, or six plants. Public use and sale of the drug remain illegal.

Colorado and Washington officials both have asked the U.S. Department of Justice for guidance on the laws that conflict with federal drug law. So far the federal government has offered little guidance beyond stating that marijuana remains illegal and that the Controlled Substances Act will be enforced. Of special concern for state regulators is how to protect state employees who violate federal drug law by complying with state marijuana laws.

The U.S. Attorney’s Office issued a statement Monday shortly after Hickenlooper’s announcement restating its position.

Hickenlooper also announced a state task force Monday to help craft the marijuana regulations. The 24-member task force includes law enforcement, agriculture officials and marijuana advocates.

The governor admonished the task force not to ponder whether marijuana should be legal.
Amendment 64, was approved with 55 percent of the vote last month. One of the authors of Colorado’s pot amendment, Mason Tvert, called the declaration “truly historic.”

“We are certain that this will be a successful endeavor and Colorado will become a model for other states to follow,” Tvert said in a statement.

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The Associated Press contributed to this report.

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