A64Attorney

Correct, many people interpret the law differently all the time. However, being one of the authors of the law, we intended for it to mean exactly what it says. Thus, in my opinion, our interpretation of the law is the most accurate. A judge could disagree with us though.

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.

On September 10th, AG Eric Holder will be testifying in front of the Senate Judiciary committee regarding marijuana legalization in Colorado and Washington. We will all have to wait until then.

It is pretty clear under Amendment 64 that no Colorado or local law can prohibit an adult over the age of twenty-one from purchasing less than an ounce of marijuana in the state of Colorado.

Which is why it is unwise for cities to prohibit the lawful selling of marijuana because it forces individuals to buy marijuana from the black market (which cannot be criminalized).

The use and possession of marijuana is illegal under federal law. However, as you correctly cited, no state or local law can prohibit an adult over the age of 21 from possessing less than ounce of marijuana or marijuana concentrate in Colorado. Additionally, it is legal under Colorado for an adult over the age of 21 to buy marijuana from anyone in the state. However, it is illegal for anyone to sell marijuana (outside of the medical system) unless and until they have a state and local license which cannot be issued before January 1st, 2014.

Correct. No local government can re-criminalize the limited possession, use, purchase, or cultivation of marijuana. They can decide whether to allow licensed businesses.