Question

(government)

The study of the legalization of marijuana is a great study of federalism. You now know that federal law is the Supreme Law of the Land. The federal government has laws making the possession and use of marijuana illegal, making the growing of marijuana illegal, and making the possession of drug paraphernalia illegal. How then did Colorado go and make a law against federal law (in Colorado it is legal to smoke, possess, and grow marijuana – the exact laws tells you the amounts and you can look it up). Do you think Colorado has the right to do this? Why or why not? Do you think the federal government will step in and invalidate the law under the laws of federalism? Do you think the federal government should or should not? Why do you think they have not yet? What other considerations do you think need to be thought through since a state has made a law against federal law? (i.e. can the owners of marijuana dispensaries put their money in a federal bank, can buyers use credit cards to buy because those credit card companies have their money in a federal bank, etc.).

Answer 1

Possession

If you are an adult 21 years of age or older, you can now legally possess 1 ounce of marijuana in Colorado. The way the amendment is worded actually allows for possession of 1 ounce of THC. This is great news because in addition to flower (bud), you can also enjoy many types of concentrates, edibles, topicals, etc. during your visit. Cannabis seeds are also available for sale in Colorado.

     As long as you are 21 years or older, you have a constitutional right to possess and consume marijuana in Colorado. You will need a government-issued identification to prove you are 21 years or older, so a drivers license or passport would be sufficient enough. Note that you don't need to be a Colorado resident to possess recreational cannabis and there isn't any type of registration system. Only residents who apply for medical marijuana cards need to register with the state.

Purchasing Limits

Previously, tourists in Colorado were restricted to purchasing 7 grams or less, while Colorado residents could purchase up to 28 grams. This law changed in June 2016, and now both tourists and residents can purchase 28 grams in a single transaction.

This law has some grey areas, such as what is a ‘single transaction’, so most recreational stores err on the side of caution and will only serve you once a day.

Consumption
       Amendment 64 does NOT permit the consumption of marijuana "openly and publicly." So before you start blazing those blunts while walking down the street, remember that you can still get a ticket for doing so, similar to open container laws for drinking in public.
       Remember, public consumption is illegal and can result in tickets and fines. Denver Police have also increased citations for public consumption over the years. In the first three quarters of 2014, Denver Police issued 668 public consumption citations. This amounts to a 470% increase from the same period in 2013, when 117 citations were issued. On 4/20 in 2018, police issued 72 citations, almost twice as many as the previous year.

Cultivation

       The law allows residents 21 years of age or older to cultivate up to 6 plants, 3 of which can be in the flowering stage in an enclosed, locked space.