Colorado’s Marijuana Task Force Pushes Bad DUID Law, Pot Protectionism, Heavy Taxes

2022pot rack Colorados Marijuana Task Force Pushes Bad DUID Law, Pot Protectionism, Heavy Taxes

final report of the Amendment 64 Implementation Task Force,
which was appointed by Colorado Gov. John Hickenlooper to advise
the state legislature on how best to regulate recreational
marijuana, recommends passage of
a bill that would allow DUID convictions based on nothing more
than blood test results showing a THC concentration of five
nanograms per milliliter. As I
explained ;earlier this month, that “permissible inference”
policy, while not as bad as a per se standard, is still
scientifically unjustified and apt to result in the conviction of
unimpaired drivers.
The task force’s report, which was
issued today, also recommends that licenses for growers and
retailers be limited to Colorado residents, which would seem to
rule out participation by entrepreneurs from other states. It says
current medical marijuana providers should be allowed to continue
serving patients even if they decide to get into the recreational
market (where they would have first dibs on licenses), as long as
they keep inventories for the two businesses “separate and
distinct.” It suggests a “reasonable per‐transaction limit
of ;less than one ounce [the maximum adults 21 or older may
possess] for all purchases” and “more restrictive purchase limits
for non‐residents,” although it is hard to see how the latter can
be enforced, since Amendment 64 forbids the state to demand
information from buyers beyond their age. ;
The task force says “smoking of marijuana” should be banned not
only in the bars and restaurants covered by the Colorado Clean
Indoor Air Act but also “in ‘cigar bars,’ smoking clubs or [other]
establishments where tobacco smoking is allowed.” It also wants the
legislature to prohibit open packages of marijuana in vehicles. It
justifies both recommendations by referring to Amendment 64’s ban
on marijuana consumption “that is conducted openly and publicly or
in a manner that endangers others.” ;
As for people younger than 21, who are not allowed to possess
marijuana under Amendment 64, the task force recommends making
possession of less than an ounce by 18-to-20-year-olds “a civil
charge with treatment and conditions to be established by a judge.”
For minors, it prescribes “education and treatment ;without
the consequences of a conviction because of a petty offense, which
could resul tin detention or commitment to youth corrections.”
Here are some of the other major recommendations (which I have

Pot stores must get local as well as state approval.
Current medical marijuana centers (MMCs) should have a one-year
monopoly on the recreational market.
Marijuana stores must grow at least 70 percent of what they
sell and transfer no more than 30 percent of what they grow to
other stores or manufacturers of cannabis-infused products. That
“70/30″ rule, which many MMCs lobbied to keep, would expire after
three years, at which point the legislature could choose a more
flexible approach.
The legislature should propose both a 15 percent excise tax
(collected at the wholesale level) and a special marijuana sales
tax (collected at the retail level), both of which would have to be
approved by voters.
Visitors as well as Colorado residents should be allowed to buy
marijuana (as long as they are 21 or older).
Marijuana should be sold in “child-resistant packaging.”
Labels should indicate THC content, and the state should
establish “rules for edible marijuana-infused products to prevent
accidental over‐consumption—e.g., by saying that “a serving should
not have more than 10mg of active THC.”

The current session of the Colorado General Assembly ends on May
8, so the legislature has eight weeks to act on these
recommendations and create the statutory basis for regulation of
cannabis businesses by the Department of Revenue, which is supposed
to start issuing licenses by next year.
The task force’s complete report is
here. Previous coverage of the task force’s recommendations


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Colorado’s Marijuana Task Force Pushes Bad DUID Law, Pot Protectionism, Heavy Taxes

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