This November, Amendment 64 gives Coloradans a choice to make on whether to regulate and decriminalize marijuana. Not only should this not pass, but it shouldn’t be up for discussion at all.

Amendment 64 would allow the “personal use and regulation of marijuana” for those older than 21 in a similar fashion as alcohol.  By doing so, Colorado would be decriminalizing the use of marijuana, even though it is still a federal crime, and be able to tax it to increase state revenue coffers.

Many proponents point to the economic benefits. From an economic perspective, the added revenue would substantially help the hurting economy. A portion of the initial revenue would even go to help fund schools.

Many opponents to the amendment struggle with its morality.

They feel as if decriminalizing marijuana is a statement to society that the use of drugs is acceptable.  The majority of the debate on this issue surround this issue of morals.

However, focusing on either of these points ignores the true matter at hand with Amendment 64. It is a fundamental issue of federalism dealing with whether Colorado or the federal government has jurisdiction over marijuana regulation.

Unfortunately, Colorado loses in this case.

It is naïve to think that if Colorado decriminalizes the use of marijuana that people in neighboring states will not cross the border to take advantage of the availability of the drug.

The same is true with people in Colorado taking some of the marijuana here and crossing into another state to share with their friends.

This is a common occurrence even with medical marijuana today. It will only be exacerbated if marijuana becomes more accessible.

This is pertinent because the moment the drug is transported across state borders, it becomes interstate commerce. Interstate commerce is a power expressly given to the federal government in Article I, Section 8 of the Constitution.

Because there is a chance, and a great one at that, of marijuana being transported between states, it falls under the direct authority of the federal government.

This state has no right meddling in the affairs of marijuana regulation.

The Supreme Court even agrees with this logic in its 2005 case Gonzales v. Raich.

In the case, the majority opinion writes that with medical marijuana, the federal government retains the right to sustain the drug’s criminality because of interstate commerce powers. Even with a remote possibility of marijuana traveling across border lines, it still constitutes commerce between states and is regulated solely by the federal government.

Regardless, Coloradans will still vote on this issue coming election.

For the proponents of Amendment 64, don’t get too excited if it passes; lawsuits will be quick to follow and the judicial outcome does not look favorable.

 

 

Referential information:

Residents of Colorado who need addiction treatment for themselves or their loved ones will be glad to know that there are numerous rehab facilities within the state that can help them in this regard.