The case against Colorado Amendment 44 Commentary
The case against Colorado Amendment 44
Edited by:

David G. Evans, Esq. [Executive Director, Drug Free Schools Coalition of Colorado]: "The Colorado marijuana initiative would have made it legal for anyone over 21 years of age to possess one ounce or less of marijuana. According to law enforcement, one ounce of marijuana is equal to 56-84 joints, depending upon size of joint. This large quantity, which the proponents of the measure called "recreational" use, is large enough to allow for transferring and dispensing to others.

The proponents claimed that alcohol is more dangerous and that marijuana is a safer alternative. The opponents pointed to the fact that there will be a major increase in accidents and property damage as a result of marijuana drugged driving. Between 1992 and 2002, there was a 162% increase in treatment admissions for marijuana use as the primary substance of abuse. There are over 4 million Americans suffering from marijuana dependence. Marijuana is addicting. Sixty-two percent of teens in drug treatment are there for marijuana use. Marijuana is generally the first illicit drug used by young people.

If the proposed initiative was enacted, persons twenty-one years of age and older would not be subject to state prosecution for possession of one ounce or less of marijuana because it will no longer be an offense. Under current law in section 18-18-406 (5), C,R. S., the transferring or dispensing of not more than one ounce of marijuana from one person to another for no consideration is deemed to be possession and not dispensing or selling. It follows, therefore, that persons twenty-one years of age or older who transfer or dispense one ounce or less of marijuana without consideration will be deemed to possess the marijuana which would not longer be illegal and thus no longer be subject to state prosecution for dispensing or selling. This could include dispensing or selling to persons under age 18. The proponents conceded that this was a flaw in the initiative but that person who gave marijuana to persons under 18 could be prosecuted under a law on contributing to the delinquency of a minor. However, how could it be contributing to delinquency if it was no longer an illegal act?

Despite an intensive campaign by the proponents, the good voters of Colorado rejected the initiative by a vote of 60% to 40%."

Opinions expressed in JURIST Commentary are the sole responsibility of the author and do not necessarily reflect the views of JURIST's editors, staff, donors or the University of Pittsburgh.