Colorado Amendment 44 (2006)
Encyclopedia
Amendment 44 was a proposed amendment to the state statutes submitted for referendum
in the 2006 general election
s in the U.S. state
of Colorado
. The amendment proposed the legalization of the possession of one ounce or less of marijuana for any person twenty-one years of age and over, as long as marijuana use does not occur in public. The measure was eventually defeated at the polls by 60-40 percent.
(SAFER) obtained over 129,000 petition signatures through a largely grassroots organization. Only 68,000 were required by the Secretary of State.
Existing Colorado law classifies possession of one ounce or less of marijuana as a Class 2 petty offense
punishable by a fine of $100. If passed, Amendment 44 would decriminalize possession of one ounce or less by adults 21 years of age and over by removing any fine or penalty; although, it would have no effect on the cultivation, transfer, or sale of marijuana.
., the state Libertarian Party
, and the US Marijuana Party
, among others.
Supporters argue that the War on Drugs
has failed, resulting in the empowerment of organized crime
, and that a new more effective policy is needed. It is argued that legalizing small amounts of marijuana would free law enforcement resources to deal with more serious offenses. Some supporters also consider marijuana to be less harmful then other types of illegal narcotics, alcoholic beverages or tobacco use.
Opponents argue that marijuana serves as a gateway drug
to other types of illegal narcotics, and that legalization of marijuana would increase other types of drug use and make the state a magnet for addicts; however, there is no evidence marijuana is a gateway drug. It is argued that as with alcohol, sobriety
is the only safe alternative, and existing drug laws should be enforced. Opponents also state that the costs of enforcement are minimal compared to the costs of drug addiction and treatment, as well as the fact that legalization at the state level would not affect federal laws and international treaties concerning marijuana.
Some employees of the Drug Enforcement Agency were reported to have been financing opposition to Amendment 44, a move which generated significant controversy.
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
in the 2006 general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
s in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
. The amendment proposed the legalization of the possession of one ounce or less of marijuana for any person twenty-one years of age and over, as long as marijuana use does not occur in public. The measure was eventually defeated at the polls by 60-40 percent.
Background
Amendment 44 was placed on the ballot last August, after the group Safer Alternative For Enjoyable RecreationSafer Alternative for Enjoyable Recreation
Safer Alternative For Enjoyable Recreation is a non-profit organization based in Denver, Colorado. The SAFER campaign was initially launched in Colorado on the campuses of the University of Colorado at Boulder and Colorado State University in response to the alcohol overdose deaths of CSU...
(SAFER) obtained over 129,000 petition signatures through a largely grassroots organization. Only 68,000 were required by the Secretary of State.
Existing Colorado law classifies possession of one ounce or less of marijuana as a Class 2 petty offense
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
punishable by a fine of $100. If passed, Amendment 44 would decriminalize possession of one ounce or less by adults 21 years of age and over by removing any fine or penalty; although, it would have no effect on the cultivation, transfer, or sale of marijuana.
Controversy over Colorado Blue Book
One issue under contention is how the amendment might be interpreted with regard to transferral of marijuana to minors over 15 years of age. The "Blue Book" voter information pamphlet, a comprehensive guide to ballot measures distributed to voters, states "transferring up to one ounce of marijuana to another individual 15 years of age or older as long as there is no compensation" would be decriminalized under Amendment 44. Others, including the amendment's supporters, claim this interpretation is false, and such transferral to minors would continue to be illegal, as it falls under the category of contributing to the delinquency of a minor, a felony offense under existing law.Support
Groups in favor of Amendment 44 include Sensible Colorado, a group favoring the legalization, regulation, and taxation of marijuana much in the same manner as alcoholAlcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
., the state Libertarian Party
Libertarian Party (United States)
The Libertarian Party is the third largest and fastest growing political party in the United States. The political platform of the Libertarian Party reflects its brand of libertarianism, favoring minimally regulated, laissez-faire markets, strong civil liberties, minimally regulated migration...
, and the US Marijuana Party
US Marijuana Party
The United States Marijuana Party is a cannabis political party in the United States founded in 2002 by Loretta Nall specifically to end the war on drugs and to legalize cannabis. Their policies also include other socially libertarian positions...
, among others.
Supporters argue that the War on Drugs
War on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
has failed, resulting in the empowerment of organized crime
Organized crime
Organized crime or criminal organizations are transnational, national, or local groupings of highly centralized enterprises run by criminals for the purpose of engaging in illegal activity, most commonly for monetary profit. Some criminal organizations, such as terrorist organizations, are...
, and that a new more effective policy is needed. It is argued that legalizing small amounts of marijuana would free law enforcement resources to deal with more serious offenses. Some supporters also consider marijuana to be less harmful then other types of illegal narcotics, alcoholic beverages or tobacco use.
Opposition
Groups opposing Amendment 44 include Guarding Our Children Against Marijuana (GOCAM), Drug Watch Colorado, and Students Against Marijuana, among others.Opponents argue that marijuana serves as a gateway drug
Gateway drug
The gateway drug theory is the hypothesis that the use of less deleterious drugs may lead to a future risk of using more dangerous hard drugs and/or crime...
to other types of illegal narcotics, and that legalization of marijuana would increase other types of drug use and make the state a magnet for addicts; however, there is no evidence marijuana is a gateway drug. It is argued that as with alcohol, sobriety
Sobriety
Sobriety is the condition of not having any measurable levels, or effects from, alcohol or other drugs that alter ones mood or behaviors. According to WHO "Lexicon of alcohol and drug terms..." sobriety is continued abstinence from alcohol and psychoactive drug use...
is the only safe alternative, and existing drug laws should be enforced. Opponents also state that the costs of enforcement are minimal compared to the costs of drug addiction and treatment, as well as the fact that legalization at the state level would not affect federal laws and international treaties concerning marijuana.
Some employees of the Drug Enforcement Agency were reported to have been financing opposition to Amendment 44, a move which generated significant controversy.
See also
- Decriminalization of marijuana in the United States
- Legal history of marijuana in the United StatesLegal history of marijuana in the United StatesThe legal history of cannabis in the United States relates to the regulation of marijuana use for medical or recreational purposes in the United States. Regulations and restrictions on the sale of Cannabis sativa as a drug began as early as 1860...
- Legal issues of cannabisLegal issues of cannabisThe legality of cannabis has been the subject of debate and controversy for decades. Cannabis is illegal to consume, use, possess, cultivate, transfer or trade in most countries...
- List of Colorado ballot measures