Comments on: Conversation With Mason Tvert, Co-Director of the Amendment 64 Campaign, on the Future of Marijuana Legalization http://justsaynow.firedoglake.com/2012/12/11/conversation-with-mason-tvert-co-director-of-the-amendment-64-campaign-on-the-future-of-marijuana-legalization/ Legalize marijuana Sat, 18 May 2013 10:36:58 -0500 hourly 1 http://wordpress.org/?v=3.4.2 By: Kelly Canfield http://justsaynow.firedoglake.com/2012/12/11/conversation-with-mason-tvert-co-director-of-the-amendment-64-campaign-on-the-future-of-marijuana-legalization/#comment-6846 Kelly Canfield Wed, 12 Dec 2012 02:06:08 +0000 http://justsaynow.firedoglake.com/?p=3661#comment-6846 Amendment 64 actually became law, as an Amendment to the Colorado Constitution - <a href="http://kdvr.com/2012/12/10/governor-signs-amendment-64-marijuana-officially-legal-in-colorado/" rel="nofollow">yesterday, via Hickenlooper's signature.</a> Clik the link. The pic of Hick with the "goldfish and Cheetos" is priceless. Amendment 64 actually became law, as an Amendment to the Colorado Constitution – yesterday, via Hickenlooper’s signature.

Clik the link. The pic of Hick with the “goldfish and Cheetos” is priceless.

]]> By: pineywoodsfats http://justsaynow.firedoglake.com/2012/12/11/conversation-with-mason-tvert-co-director-of-the-amendment-64-campaign-on-the-future-of-marijuana-legalization/#comment-6845 pineywoodsfats Wed, 12 Dec 2012 01:58:18 +0000 http://justsaynow.firedoglake.com/?p=3661#comment-6845 I don't understand the possible response that the feds would sue the state to stop the amendment. I can't imagine anyone in the federal government considering that Colorado lacks the authority to criminalize or decriminalize marijuana, just as Colorado has the authority to decriminalize burglary if it wanted to. But whatever type of burglary would still be illegal under federal law (burglary of a federal building, e.g.,) could still be prosecuted by the federal system. And most in Colorado government, for the most part, would likewise argue that the feds have the right to criminalize or decriminalize marijuana as it sees fit. It goes without saying that the right of the feds to do that has been upheld as constitutional by the courts. I think the outcome will be a matter of pragmatic policy rather than the law. Here's one wrinkle that could constitutionally give the feds some pause. If the state of Colorado actually controlled the entire retail operation, from planting by state employees on state land to store sales in state stores, I think the feds would have some serious federalism problems in essentially prosecuting the state. I don’t understand the possible response that the feds would sue the state to stop the amendment.

I can’t imagine anyone in the federal government considering that Colorado lacks the authority to criminalize or decriminalize marijuana, just as Colorado has the authority to decriminalize burglary if it wanted to. But whatever type of burglary would still be illegal under federal law (burglary of a federal building, e.g.,) could still be prosecuted by the federal system.

And most in Colorado government, for the most part, would likewise argue that the feds have the right to criminalize or decriminalize marijuana as it sees fit. It goes without saying that the right of the feds to do that has been upheld as constitutional by the courts.

I think the outcome will be a matter of pragmatic policy rather than the law.

Here’s one wrinkle that could constitutionally give the feds some pause. If the state of Colorado actually controlled the entire retail operation, from planting by state employees on state land to store sales in state stores, I think the feds would have some serious federalism problems in essentially prosecuting the state.

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