Has pot tourism become a thing in Colorado, as predicted? Can just anyone (over 21 or whatever) walk into any dispensary in Colorado and walk out with an ounce or so? Or are they still un-spooling and cutting through all of the red tape?
Are there state troopers along I-70 at the Kansas border pulling over cars with out-of-state plates and initiating searches?
Nothing has happened yet and there is no timetable for anything happening.
On January 5 the governor will officially declare the amendment passed, or included, or whatever, but I don’t think anyone knows how the policy will be implemented in practice. The federal government still has not commented on it.
Many of the local governments (Aurora and Boulder for example) have already announced that they are ceasing to prosecute simple possession. So if you wanted to grow a few plants in your house/back yard feel free. And of course judging by personal observations, you were pretty free to toke up just about anywhere/anytime for the past several years. I’ve seen a lot of consumption over the past few years.
Once Hickenlooper certifies the amendment, simple possession will become legal for folks 21 and older, as far as the state is concerned. The legislature still has to establish how pot stores will be regulated and taxed. So it will likely be at least a year or more before any of those are open. And that is only if the feds decide to stay out of the whole thing. My guess is it will be years before all the court cases work themselves out. So I wouldn’t count on being able to walk into a store and buying pot anytime soon.
Well, except that you can now walk into a store (dispensary) and buy pot, and have been able to for a couple of years. I am, of course, talking about Medical Marijuana.
Bob
Well, when it comes to highway patrol officers wanting to search your vehicle, the proper answer is “no”.
What would their probable cause be?
Doing 35 in a 65 zone?
Having Willie Nelson and Snoop Dogg riding in the back seat?
Broncos quarterback Peyton Manning is already preparing for when the munchies hit. He recently bought 21 Papa John’s pizza franchises in Colorado.
Okay, I laughed.
Wasn’t there a recent Supreme Court ruling on drug-sniffing dogs at checkpoints? What was the result of that?
They need a probable cause to initiate a search, but not a lot of motorists know that.
COP: Mind if I have a look around?
UNAWARE MOTORIST: Uhh, sure?
COP: [finds weed]
vs.
COP: Mind if I have a look around?
INFORMED MOTORIST: I don’t consent to any searches.
COP: OK, have a good day.
What I’d like to know is, what if you live in a nearby state and have a job that does random testing for illegal drug use? Can you make the case that you did nothing illegal over the weekend on the other side of the border?
Sure, you can go ahead and make that arugment. Then your employer will point out that marijuanna is still an illegal drug under federal law. Same deal for residents of Colorado (& Washington) that are subject to random testing of illegal drugs.
Employers can fire based on the use of any substance they want whether it is illegal or not as long as they have an official policy in place and it doesn’t discriminate against a protected class (there aren’t that many of those). There are some companies that have draconian policies already on tobacco use in general and and least one that I have read about that requires employees to remain tobacco free as a condition for employment. Some companies like airlines have special policies on alcohol use for pilots that go well beyond simply showing up to work with no alcohol in their bloodstream. I assume a company could prohibit employees from drinking altogether if they really wanted to. Marijuana is no different in that regard.
You’re mistaking ‘legal’ for ‘protected’. Being late for work, telling your boss to **** off, and goofing on the job are all perfectly legal. However, every employer out there can and will fire you for doing them.
On the other hand going (or not) to a certain church or being of a certain age are protected, and companies cannot fire or penalize you for it. In fact, most employers have policies in place to prevent them from even knowing those things about you.
If you have a patient ID card, which requires a doctor’s recommendation, valid proof of state residency, a $90 fee, and a wait of a month or more. Now none of this is a real barrier. But it isn’t viable for a pot tourist. Even a resident has to plan ahead.
In Wyoming there is talk of investing in more drug detecting dogs to combat the presumably increasing future flow of marijuana from Colorado.
Here is the story of a pot tourist who got into trouble. Pro Tip: don’t eat the brownie before you head for the mountains.
There is a case pending before the Colorado Court of Appeals on employers ability to fire folks for smoking MMJ while not at work.
Story here.
Colorado has a statute that prevents firing people from doing lawful things while not working.
If Kansas or Wyoming put up a sign saying “pull over if you have marijuana from Colorado in your car,” I bet quite a few people would do it. (I can’t remember where it was, but IIRC some city had its cops just ask random people to hand over any drugs they were carrying. People did it.)