CITY OF GRAND JUNCTION, COLORADO
RESOLUTION NO. 39-12
A RESOLUTION OPPOSING AMENDMENT 64 ON THE NOVEMBER 6, 2012 GENERAL ELECTION BALLOT
RECITALS.
Amendment 64, an initiated ballot measure to amend the Colorado Constitution, has been certified for consideration by the voters of the State of Colorado at the November 6, 2012 election.
Amendment 64 would among other things change Article18 of the Colorado Constitution regarding the possession and consumption of marijuana.
• Amendment 64 conflicts with Federal law.
o Under Federal law the production and distribution of marijuana is illegal and will remain so even if Colorado voters approve Amendment 64.
o If Amendment 64 passes marijuana users will still be subject to Federal criminal prosecution.
o Property and assets earned by or associated with marijuana establishments would be subject to federal asset seizure laws.
• Amendment 64 would make Colorado one of the first states to legalize the recreational use of marijuana.
• Amendment 64 would allow retail marijuana stores and would make it legal for anyone 21 years or older to buy marijuana at those stores.
• Amendment 64 would allow anyone 21 years or older to legally possess and consume up to one ounce of marijuana, equivalent to approximately 60 joints.
• The Colorado Legislature would be limited in implementing regulations because Amendment 64 is a Constitutional amendment.
o The Amendment provides no restrictions on the quantity of marijuana products retail stores can stock;
o There are no residency requirements, therefore allowing out-of-state dealers and users to purchase marijuana legally in Colorado; and
o There are no restrictions on where individuals could grow marijuana plants, including residential areas.
• There are currently not sufficient numbers of police officers in the state to effectively prevent the diversion of marijuana to youth and individuals in other states.
• The City may prohibit the operation of marijuana establishments through the adoption of an ordinance or through a referred measure, but if Amendment 64 is approved people will still be able to lawfully possess and use marijuana as well as grow up to 6 plants.
• There are inherent public safety risks to the adoption of this amendment including the risk that marijuana becomes accessible to minors, drug dealers and out-of-state residents in addition to the establishment of private “marijuana clubs.”
• Because the possession, manufacture and sale of marijuana remains illegal under federal law, state and local government employees who carry out job responsibilities under state marijuana laws may not be immune from federal charges and liabilities.
• The cost of enacting ordinances, elections and the implementation of regulations would be borne by the local government with no state funding provided.
The City Council, after due and careful consideration has determined that the passage of Amendment 64 will cause significant negative impact to our community.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Grand Junction does hereby oppose Amendment 64 and urges the defeat of such measure for the reasons stated.
Dated this 3rd day of October 2012.
President of the Council
ATTEST:
City Clerk