Lamar: Opposing the Charter Amendment to Prohibit Marijuana in Lamar
Fellow Citizen of Lamar,
We are writing to urge our opposition and your NO Vote on an initiative petition that will be on Lamars November Ballot question 300 with ordinances to amend the home rule charter by prohibiting and penalizing marijuana related acts and business licensing/operation. Click on TAKE ACTION below to send letters letting public officials know your opposition.
Below is 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.
Amending this home charter rule is unconstitutional as Colorado voters in 2000 passed Article 18 Section 14 allows medical marijuana patients of 18 years or older, to possess, use, transport, store, or warehouse up to two ounces of marijuana for personal use if they also possess a state certified patient card. It also allows medical marijuana patients to cultivate no more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana, on their premise, for personal use.
Section 15-2(c) of the ordinance to amend Lamar’s Home Rule Charter is in direct violation of this article of the Colorado Constitution, by limiting patients to no more than one ounce of marijuana products as well as prohibiting them from cultivating marijuana plants that produce no more than one ounce of marijuana.
Section 15-2(d) of the ordinance to amend Lamar’s Home Rule Charter is also in direct violation of this article of the Colorado Constitution, by prohibiting medical marijuana patients 18 years of age and older to possess, use, transport, store, warehouse, or cultivate any amount of marijuana.
Article 18 Section 16 Subsection 3 allows retail marijuana consumers to possess, grow, process, and transport no more than six marijuana plants, with three or fewer being mature, flowering plants, and possess 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. Section 15-2(c) of the ordinance to amend Lamar’s Home Rule Charter is in direct violation of this article of the Colorado Constitution, by prohibiting retail marijuana consumers from possessing no more than one ounce of marijuana that they have cultivated on their own premise.
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