Local residents of Lamar,
The Heritage Defenders submitted an initiative petition with ordinance to amend the home rule charter of Lamar by prohibiting and penalizing marijuana related acts and business licensing/operation. This petition was accepted by the city clerk Linda Williams with the guidance of city attorney Lance Clarke and election attorney Nicholas Poppe, it was then circulated, and finally stamped as sufficient. After obtaining a copy of the petition section with the ordinance, we have found it to contain many State of Colorado constitutional rights violations. Below are the proposed changes:
Section 15-2(c) “Prohibited Acts” of the ordinance reads as follows: It shall be unlawful for any person, persons, corporation, partnership, limited liability company, company association of persons, for profit or not for profit, knowingly, to possess, use, display, purchase, transport, transfer, store, warehouse, cultivate, sell, or distribute to another or to a consumer or any other person or entity, more than one ounce of marijuana for personal use.
Section 15-2(d) “Prohibited Acts” of the ordinance reads as follows: It shall be unlawful for any person OR persons under the age of twenty-one years knowingly, to possess, use, display, purchase, transport, transfer, store, warehouse, cultivate, sell or distribute to another OR to a consumer, or to any other person or entity, any amount of marijuana or marijuana accessories.
Current state law allows Article 18 Section 14 Subsection 4(a):
(4) (a) A patient may engage in the medical use of marijuana, with no more marijuana than is medically necessary to address a debilitating medical condition. A patient’s medical use of marijuana, within the following limits, is lawful: (I) No more than two ounces of a usable form of marijuana; and (II) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana. (b) For quantities of marijuana in excess of these amounts, a patient or his or her primary care-giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient’s debilitating medical condition.
Article 18 Section 16 Subsection 3:
(3) Personal use of marijuana. Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under Colorado law or the law of any locality within Colorado or be a basis for seizure or forfeiture of assets under Colorado law for persons twenty-one years of age or older: (a) Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana. (b) Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale. (c) Transfer of one ounce or less of marijuana without remuneration to a person who is twenty-one years of age or older. (d) Consumption of marijuana, provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others. (e) Assisting another person who is twenty-one years of age or older in any of the acts described in paragraphs (a) through (d) of this subsection.
Article 18 Section 16 Subsection 2(g): Definitions
(g) “Marijuana accessories” means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body.
For these reasons I urge you to oppose and vote NO on Lamar’s November ballot initiative to change cannabis home charter rules allowing for the prohibition of cannabis in this town.
Please go to, www.https://actionnetwork.org/letters/opposing-the-charter-amendment-to-prohibit-marijuana-in-lamar and enter your information to send a message to your lawmakers and city officials in opposition of Novembers ballot initiative to aments home charter rule prohibiting cannabis in Lamar.
Colorado NORML Team
Ashley Weber +1 (970) 405-8733