Amendment 44 was a proposed amendment to the state statutes submitted for
referendum
A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
in the 2006 general elections in the U.S. state of
Colorado
Colorado (, other variants) is a state in the Mountain states, Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the wes ...
. The amendment proposed the legalization of the possession of one ounce or less of
marijuana for any person twenty-one years of age and over, as long as marijuana use does not occur in public. The measure was eventually defeated at the polls by 60–40 percent.
Background
Amendment 44 was placed on the ballot in August, after the group
Safer Alternative For Enjoyable Recreation (SAFER) obtained over 129,000 petition signatures through a largely grassroots organization. Only 68,000 were required by the Secretary of State.
Existing Colorado law classifies possession of one ounce or less of marijuana as a
Class 2 petty offense punishable by a fine of $100. If passed, Amendment 44 would decriminalize possession of one ounce or less by adults 21 years of age and over by removing any fine or penalty; although, it would have no effect on the cultivation, transfer, or sale of marijuana.
Controversy over Colorado Blue Book
One issue under contention is how the amendment might be interpreted with regard to transferral of marijuana to minors over 15 years of age. The "Blue Book" voter information pamphlet, a comprehensive guide to ballot measures distributed to voters, states "transferring up to one ounce of marijuana to another individual 15 years of age or older as long as there is no compensation" would be decriminalized under Amendment 44. Others, including the amendment's supporters, claim this interpretation is false, and such transferral to minors would continue to be illegal, as it falls under the category of contributing to the delinquency of a minor, a felony offense under existing law.
Opinions
Support
Groups in favor of Amendment 44 include Sensible Colorado, a group favoring the legalization, regulation, and taxation of marijuana much in the same manner as
alcohol., the state
Libertarian Party
Active parties by country
Defunct parties by country
Organizations associated with Libertarian parties
See also
* Liberal parties by country
* List of libertarian organizations
* Lists of political parties
Lists of political part ...
, and the
US Marijuana Party
The United States Marijuana Party (officially the U.S. Marijuana Party) is a Cannabis political parties, cannabis political party in the United States founded in 2002 by Loretta Nall specifically to end the war on drugs and to legalize Cannabis ( ...
, among others.
Supporters argue that the
War on Drugs
The war on drugs is a global campaign, led by the United States federal government, of drug prohibition, military aid, and military intervention, with the aim of reducing the illegal drug trade in the United States.Cockburn and St. Clair, 1 ...
has failed, resulting in the empowerment of
organized crime
Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
, and that a new more effective policy is needed. It is argued that legalizing small amounts of marijuana would free law enforcement resources to deal with more serious offenses. Some supporters also consider marijuana to be less harmful then other types of
illegal narcotics, alcoholic beverages or tobacco use.
Opposition
Groups opposing Amendment 44 include Guarding Our Children Against Marijuana (GOCAM), Drug Watch Colorado, and Students Against Marijuana, among others.
Opponents argue that marijuana serves as a
gateway drug to other types of illegal narcotics, and that legalization of marijuana would increase other types of drug use and make the state a magnet for
addicts
Addiction is a neuropsychological disorder characterized by a persistent and intense urge to engage in certain behaviors, one of which is the usage of a drug, despite substantial harm and other negative consequences. Repetitive drug use oft ...
; however, there is no evidence marijuana is a gateway drug.
It is argued that as with alcohol,
sobriety is the only safe alternative, and existing drug laws should be enforced. Opponents also state that the costs of enforcement are minimal compared to the costs of drug addiction and treatment, as well as the fact that legalization at the state level would not affect federal laws and international treaties concerning marijuana.
Some employees of the
Drug Enforcement Administration
The Drug Enforcement Administration (DEA; ) is a United States federal law enforcement agency under the U.S. Department of Justice tasked with combating drug trafficking and distribution within the U.S. It is the lead agency for domestic en ...
were reported to have been financing opposition to Amendment 44, a move which generated significant controversy.
See also
*
Decriminalization of marijuana in the United States
In the United States, the non-medical use of cannabis is legalized in 21 states (plus Guam, the Northern Mariana Islands, and the District of Columbia) and decriminalized in 10 states (plus the U.S. Virgin Islands) as of November 2022. '' De ...
*
Legal history of marijuana in the United States
*
Legal issues of cannabis
The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what medical conditions it can be used for. These ...
*
List of Colorado ballot measures
The U.S. state of Colorado has had a system of direct voting since gaining statehood in 1877. Citizens and the Colorado General Assembly both have the ability to place new legislation, legislation recently passed by the General Assembly, and con ...
References
{{reflist, 30em
2006 Colorado ballot measures
Cannabis ballot measures in the United States
Amendment 44
category:2006 in cannabis