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5 Frequently Asked Questions About Amendment 64

Attorneys at Law Timlin & Rye Sept. 26, 2013

Frequently asked questions about Amendment 64:  Employer concerns, children and family issues, marijuana licenses, smoking in public and growing marijuana.

Does the passing of Amendment 64 mean that Colorado employers cannot discriminate against marijuana users?

No. The language of Amendment 64 specifically states an employer does not have to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace. The text of the Amendment also states that employers are permitted to restrict the use of marijuana by employees. All employees should familiarize themselves with their company’s drug and alcohol policies in order to understand how it affects them.

Does using marijuana, recreationally or medicinally, put me at risk of having the Department of Human Services take my children away?

This question is a frequent issue in Dependency and Neglect cases. Now that Amendment 64 has legalized marijuana in Colorado, state government agencies are beginning to view marijuana like alcohol; however, the historic stigma or marijuana still exists. If a county department of human services becomes involved with your family, the question is whether or not the use of marijuana creates any child protection issues. If it appears that someone has a substance abuse issue, whether it is alcohol or marijuana, the department of human services may require a person to engage in substance abuse treatment including sobriety monitoring, and drug and alcohol classes. If this becomes an issue for you or your family it is important to consult with an experienced attorney to fight for your rights under the new law.

Now that Amendment 64 has passed, when will I be able to purchase marijuana legally without a medical marijuana license?

At this point, the Governor’s regulation task force is still working the kinks out with Amendment 64. Retail marijuana stores will likely not be open until early 2014.

Can I smoke marijuana in public?

No. The text of Amendment 64 states that marijuana may not be consumed “openly and publicly or in a manner that endangers others.” This provision may be subject to some interpretation, but the Amendment most likely protects only persons over the age of 21 consuming marijuana on private property that is not visible to the public. However, until the Colorado judicial branch rules on such situations, it is not known how Amendment 64 will be interpreted.

Is it also legal now to grow marijuana?

In some instances. Amendment 64 allows “possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature flowering plants and possession of the marijuana plants on the premises where the plants were frown, provided that growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not available for sale.” Therefore, it is legal to cultivate limited amounts so long as it is done in accordance with the statute.

If you have any more concerns about this issue, please contact Timlin & Rye by calling or email us

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