The initiative will amend Colorado statutes (CRS 18-18-406 (1)) to make the private use and possession of up to one ounce of marijuana legal for adults 21 and older. view the initiative language >> In cities -- such as Denver -- where elected officials or voters choose to allow residents to make the rational decision to use marijuana instead of alcohol, state law will no longer force police and prosecutors to punish marijuana users.

In drafting Amendment 44, we wanted it to be as simple as possible. All we did was amend the statute related to possession of less than one ounce by adding the words "UNDER TWENTY-ONE YEARS OF AGE." This would change the possession law so that it would only be illegal to possess up to an ounce of marijuana if you were under 21. For adults, 21 and older, it would be legal. Here is the ballot language.

Unfortunately, another statute -- which we admittedly did not fully appreciate at the time of drafting the initiative -- defines the transfer of under an ounce of marijuana without compensation (eg. passing a marijuana cigarette) as "possession." Thus, if the initiative passed it would technically be legal to transfer small amounts to others. However, there are two exceptions. One, state law makes it a felony to give any amount of marijuana to someone under 15. Two, there is a contributing to the delinquency of a minor statute that makes it illegal to aid anyone under the age of 18 in breaking a state law. Since it would still be illegal for a minor to possess any marijuana if our initiative passes, it would be illegal for an adult to give any amount of marijuana to a minor.

Thus, the Blue Book language is incorrect. We may have inadvertently created a loophole for transfers to those 18-20, but it will still be illegal to give to minors and it will still be illegal for ANYONE under 21 to possess ANY amount of marijuana. We sued to have the language changed, but the court said they had no jurisdiction to hear the case. The Rocky Mountain News, however, in an editorial you should read, completely agreed with us that the language is wrong.)

We in no way intended to make any transfers to individuals under 21 legal. In fact, we have already asked members of the legislature to introduce legislation to close whatever loophole might exist if the initiative passes. You can be certain that if the initiative passes, the legislature will immediately pass legislation setting the appropriate penalties for such transfers. (It is interesting to note that the current penalty for these transfers -- which our opponents portray as the worse thing ever imaginable -- is just a $100 fine. By comparison, giving alcohol to someone under 21 carries a minimum penalty of $500 or six months in jail.)

This initiative is just about adult possession. The claims, in the Blue Book and in the media, about legal transfers to minors are just scare tactics by our opponents in the legislature and elsewhere. I hope that you will help educate your friends, family and coworkers about this.

• Home rule cities and towns in Colorado (representing about 90 percent of the state population) will be able to keep private adult marijuana possession illegal in their city or town, if that is what the people or the elected officials choose to do.
• It will remain illegal to grow and/or sell marijuana throughout the state.
• It will remain illegal to use or display marijuana in public.
• It will remain completely illegal to drive under the influence of marijuana.

In cities -- such as Denver -- where elected officials or voters choose to allow residents to make the rational decision to use marijuana instead of alcohol, state law will no longer force police and prosecutors to punish marijuana users.

In November 2005, the citizens of Denver voted 54-46 to make the possession of less than one ounce of marijuana legal for adults. Unfortunately, in a complete rejection of the will of the people, Denver elected officials have said they will continue to fine marijuana users under state law. In fact, they have said their hands are tied. Well, we believe the will of the people means something in this country and we are fighting to change the state law so that the people of Denver are free to make the rational -- and safer -- choice to use marijuana instead of alcohol.

Currently, 99 percent of marijuana arrests in this country occur at the state and local level. Thus, the practical effect of this initiative will be to make possession of marijuana completely legal in the state. In fact, federal and state authorities have made it clear that Amendment 44 would effectively end enforcement of private adult marijuana possession in Colorado.

Home rule cities and towns, however, could enforce their own marijuana laws currently on the books or could pass new laws prohibiting marijuana possession.

But the federal government and the states are each free to decide whether they will arrest individuals for certain actions. Just because the federal government considers an action a crime, that does not mean the states must consider that action a crime. This has been the case with Colorado's medical marijuana law, which was approved by a majority of voters in 2000 and now protects almost 1,000 patients with deadly and debilitating illnesses from state arrest and prosecution.

But the federal government is unlikely to take up enforcement of such cases, as it hardly has the resources to handle every single case of an adult possessing such a small amount of marijuana. It hardly ever arrests individuals for possession of less than one ounce of marijuana, and they have acknowledged that there is not one single case of private adult marijuana possession of less than one ounce being handled at the federal level. Currently, 99 percent of marijuana arrests in this country occur at the state and local level. Thus, the practical effect of this initiative will be to make possession of marijuana completely legal in the state. Home rule cities and towns, however, could enforce their own marijuana laws currently on the books or could pass new laws prohibiting marijuana possession.

No. Amendment 44 pertains only to possession of one ounce or less for adults 21 and older. The penalties for possessing more than one ounce of marijuana will NOT change..

No. Although we would like ultimately to see marijuana regulated and treated like alcohol, this initiative will only take the necessary first step of removing penalties for the private use of small amounts of marijuana at the state level. Once adults are allowed to legally possess and use a small amount of marijuana there will be a clear need for further action to get marijuana out of the black market and into a legal one.

No. Amendment 44 pertains only to private use and possession for adults 21 and older. It will remain illegal to use or display marijuana in public.

No. It will still be illegal to sell or distribute marijuana, and it will remain illegal to use marijuana in public. Plus, like with all restaurants and bars, there are zoning ordinances that would prevent the establishment of such a business.

No. It will remain illegal for anyone under 21 to possess ANY amount of marijuana, and it will remain a Class 4 felony to give any amount of marijuana to a minor.

No. Nothing will change with regard to driving under the influence of marijuana. lt will still be illegal and will be handled in the exact same manners as it is under current law.

Despite our opponents claims that 80-some-odd marijuana cigarettes or “joints” can be produced with one ounce, the National Institute of Drug Abuse considers an average joint to be 0.895 grams. Thus, one ounce of marijuana (28.5 grams) would make about 32 marijuana cigarettes. Obviously it would be possible to roll one ounce into a couple very large joints or far more very small joints.

In 1975, the Alaskan Supreme Court ruled that the state constitution’s privacy clause protected the right of adults to possess up to four ounces of marijuana in their own home.

Various efforts to recriminalize marijuana in Alaska have fallen short, as the court continues to uphold the state constitution. The most recent effort was in June 2006, but a district court overturned the legislation in July 2006. It is currently legal for adults in Alaska to possess up to one ounce of marijuana in their homes while the case is under appeal.