Mesa County District Attoney’s Office Advises on Legal Marijuana in Colorado, Governor Hickenlooper’s Amendment 64 Task Force Makes More Recommendations
The time frame for Colorado legislators to act on new legislation and regulations regarding Amendment 64 is getting closer and closer. As that approaches the governor's task force continues to release the latest from their meetings. Mesa County deputy District Attorney Dan Rubenstein has also been busy advising the Western Slope how Mesa County intends to interpret and enforce the law.
Shortly after the November 2012 election some Western Slope law enforcement began introducing policies regarding Amendment 64. Some waited longer than others, Deputy Mesa County District Attorney Dan Rubinstein has thrown down his advice to those partaking in Colorado's Amendment 64. He reminds you to smoke marijuana responsibly out of public sight and smell. The Mesa County District Attorney's Office warn those who decide to smoke marijuana in public, or in public view an smell on private property, run the risk of prosecution.
Amendment 64's wording, under section 3d 'Personal use of marijuana', clearly states:
'(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.'
Dan Rubinstein told the Mesa County Bar Association yesterday, "We will prosecute things exposed to public view. Pretty much anything that is in public view is falls under the legal definition of 'plain view':
'The rule that a law enforcement officer may make a search and seizure without obtaining a search warrant if evidence of criminal activity or the product of a crime can be seen without entry or search.'
Mesa County lawyers were told, until it is tested in court, it is still uncertain if smoking on a back porch as opposed to a front porch will be treated the same. It also seems smoking marijuana openly is the greatest concern, although it is still unclear, eating things like edible brownies may be legally acceptable anywhere.
He also noted there is no provision in Amendment 64 that allows taxation under another part of Colorado law, specifically the Taxpayer Bill of Rights or TABOR. It also doesn't keep banks from being accused of money laundering and putting their FDIC status at risk, for doing business with Colorado's marijuana industry.
He also threw in that there could be a, "battle of Constitutional guarantees", with crafting a framework and future legislation concerning Amendment 64. Dan Rubinstein has been giving his own advice as part of Governor Hickenlooper's task force. He also advises on behalf of Mesa County Prosecutors and the Colorado DA Council.
Yesterday Monday February 25, 2012 that task force met for their second-to-last meeting.
They recommended caps on how much marijuana Colorado adults can purchase in each transaction, to prevent diversion. Adults in Colorado are allowed one ounce without a medical marijuana card and two ounces or more with a doctor's recommendation.