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Cannabis Act Be it Enacted by the People of the State of Colorado: The constitution of the state of Colorado, is amended BY THE ADDITION OF A NEW ARTICLE to read: ARTICLE XXVIII Save Colorado Cannabis Act Section 1. Purpose and findings. In the interest of freedom the goal of this article is to end the war on cannabis and provide for use in all forms by persons over the age of 18. To clarify the intent of this amendment, the article eliminates the term marihuana from all Colorado statutes and mandates the use of accurate terminology based on the historic uses and varieties of Cannabis sativa. The clarification of the former definition of marihuana necessitates the treatment of industrial hemp based on its historic use as an agricultural product. The article creates the cannabis commission to assist in the implementation of this article. (B) In the interest of the freedom, health and public safety of the people of Colorado the people of the state declare that cannabis is the safest therapeutic substance known to man and will be regulated in a lesser manner then both alcohol and tobacco so that: Individuals will only have to show proof of age to purchase cannabis in any form or any cannabis accessories needed for the enjoyment of cannabis. (C) The people of the state of Colorado further find and declare that it is necessary to assure consistency and fairness in the application of this section throughout the state and that the matters addressed in are amendment are declared to be matters of statewide concern and no regulation of this act is permitted by any local municipality and in the state legislature can only legislate to expand the freedoms and rights granted to the people in this act. Section 2. Definitions. For the purposes of this article, unless the context otherwise requires:

(1) Adequate Supply means any amount of cannabis, grown, purchased, exchanged, gifted, possessed, transported or determined necessary by a person 18 years or older or a parent or guardian responsible for the health of a person younger than 18 years. (2) Consumer means a person 18 eighteen years of age or older who purchases cannabis. (2) Cannabis means all parts of the plant Cannabis sativa, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, containing greater than 1% concentration of tetrahydrocannabinol. Such term does not include cannabis concentrate or hemp. (3) Cannabis concentrate means hashish or any other extraction, chemical synthesis, compound, manufacture, salt, derivative, mixture, or preparation of cannabis that increases the concentration of THC beyond the natural concentration contained in the cannabis. Such term does not include cannabis or hemp. (4) Commission means cannabis commission. (5) Compassionate means having a sympathetic awareness of another persons suffering along with a desire to alleviate it. (11) "Tetrahydrocannabinol" means delta-9 tetrahydrocannabinol or THC. (13) Cannabis dispensary means a, non-profit corporation, physician, or a commercial retail outlet pharmacy that is licensed by the commission, pursuant to Section 9 (2), to acquire, cultivate, possess, transport, and distribute cannabis for the purpose of lawfully supplying a customers with an adequate supply of cannabis. (14) Cannabis use means the lawful use, acquisition, cultivation, possession, or transportation of cannabis. (15) Non-violent cannabis crime means any non-violent crime related to the use, acquisition, cultivation, possession, or transportation of cannabis. (16) Cannabis Accessories Means any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, gardening, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing , analyzing, packaging, repackaging, storing, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana into the human body. (17) Premises Means any dwelling, any communication devise, any bag or backpack, or a persons physical being as well as clothes.

(f) "HEMP" MEANS THE ENTIRE CANNABIS SATIVA PLANT, WHETHER MALE OR FEMALE, EXCEPT FOR CANNABIS. CANNABIS SATIVA HAVING 1.0 PER CENT OR LESS CANNABINOIDS IS HEMP AND SHALL NOT BE CONSIDERED TO HAVE PSYCHOACTIVE PROPERTIES. (g) "HEMP NUTRITIONAL PRODUCTS" MEANS ALL PRODUCTS MADE FROM HEMP DESIGNED OR INTENDED AS FOOD, INCLUDING, BUT NOT LIMITED TO: WHOLE SEEDS, SEED PROTEIN, SEED OIL, SEED CAKE, OR SIMILAR PREPARATIONS. (h) "HEMP PERSONAL USE" MEANS THE NON COMMERCIAL CULTIVATION, MANUFACTURE, POSSESSION, CONSUMPTION, AND USE BY ANY ADULT PERSON 18 YEARS OF AGE OR OLDER OF ANY AMOUNT OF HEMP. (i) "HEMP PRODUCER" MEANS A BUSINESS ENTITY COMPRISED OF INDIVIDUALS18 YEARS OF AGE OR OLDER WHICH CULTIVATES THE CANNABIS SATIVA PLANT IN COLORADO TO YIELD HEMP FOR SALE. (j) "HEMP PRODUCTS" MEANS ALL PRODUCTS MADE FROM HEMP THAT ARE NOT DESIGNED OR INTENDED FOR FOOD, INCLUDING, BUT NOT LIMITED TO, CORDAGE,FIBER, FUEL, PAINT, PAPER, PARTICLE BOARD OR OTHER FORMED CONSTRUCTION MATERIALS, PLASTICS, OR SEED FOR CULTIVATION. (c) TREAT HEMP EITHER EQUALLY OR LESS RESTRICTIVELY THAN COMMERCIALLY PRODUCED CEREAL, AND FIBER CROPS UNDER THE LAWS OF THE STATE OF COLORADO Section 3. General Assembly Duty to Amend Statutes. (1) (a) The general assembly shall amend all statutory laws and regulations of the state of Colorado previously enacted concerning or relating to marihuana, marijuana and marihuana concentrate to conform to the provisions of this article. This shall include eliminating the terms marijuana and marihuana and replacing such terms with the appropriate terms (cannabis, cannabis concentrate or hemp) as defined in Section 2 of this article. (b) If the general assembly does not amend such statutes to conform to the provisions of this article by May 15, 2013, The people of Colorado will determine that such statutes will be voided and of no effect, except as provided herein. (c) All other parts of such statutes shall otherwise remain in effect. (2) Until such time that the general assembly amends statutes, as directed in Section 3 (1) (a), or until such time that those statutes are voided, as directed in Section 3 (1) (b), any action that conforms to the provisions of this article shall be an exception to the states criminal statutes.

These actions include, but are not limited to: (a) Any person over the age of 18 who possesses cannabis in any form (c) A person who cultivates or processes hemp for industrial purposes. Section 4. Declaration of Policy. (1) The people find and determine that the laws of the state of Colorado shall always: (a) Use the terms cannabis, cannabis concentrate, and hemp, as defined in this amendment, and shall not use the words marijuana or marihuana; (b) Conform to the principles and limitations embodied in this constitution and Shall act only to expand the principles of the Constitution (c) Allow cannabis use by adults 18 years and older (d) Treat cannabis either equally or less restrictively than the principles and limitations embodied in this article; (e) Allow adults 18 years and older to acquire, cultivate, possess, transport, with in Colorado, and distribute any amount of cannabis. (g) Allow cannabis dispensaries to operate; (h) Treat hemp either equally or less restrictively than commercially produced cereal, ethanol and fiber crops under the laws of the state of Colorado; (i) Treat cannabis and cannabis concentrate either equally or less restrictively than the terms defined by this article. Section 5. Immunity from Prosecution -- Affirmative Defense. (1) Any person who had a reasonable belief that his or her actions conformed to the provisions of this article shall be immune from State or Federal prosecution for offenses relating to this article. (2) Any person charged with a violation of state or federal law in the state of Colorado related to marihuana, marijuana, marihuana concentrate, cannabis, cannabis concentrate or hemp may raise an affirmative defense to such charge that their actions conform to the intent and or provisions of this article. (3) In all trials in which an affirmative defense is raised, notwithstanding the possible penalty for the offense, the defendant shall be entitled to a trial by jury. AMNESTY AND CLEARING OF CRIMINAL RECORDS. UPON THE ADOPTION OF THIS AMENDMENT, AMNESTY IS GRANTED FOR ALL CANNABIS, MARIHUANA, MARIJUANA, MARIHUANA CONCENTRATE, SYNTHETIC CANNABINOID COMPOUND, OR TETRAHYDROCANNABINOL RELATED ACTS WHICH ARE NO LONGER ILLEGAL IN THE STATE OF COLORADO. ALL PERSONS PRESENTLY INCARCERATED IN COLORADO ONLY FOR CANNABIS, MARIHUANA, MARIJUANA, MARIHUANA CONCENTRATE, SYNTHETIC CANNABINOID COMPOUND, OR TETRAHYDROCANNABINOL OFFENSES WHICH

ARE NO LONGER ILLEGAL IN THE STATE OF COLORADO, SHALL BE RELEASED NO LATER THAN THE FIRST DAY OF JANUARY FOLLOWING THE ELECTION WHICH ENACTS THIS AMENDMENT. INDIVIDUALS WHO HAVE BEEN CONVICTED OF CANNABIS, MARIHUANA, MARIJUANA, MARIHUANA CONCENTRATE, SYNTHETIC CANNABINOID COMPOUND, OR TETRAHYDROCANNABINOL VIOLATIONS SHALL BE TREATED AS IF THEIR CASES HAVE BEEN COMPLETELY DISMISSED, AND MAY PETITION UNDER THE CRIMINAL JUSTICE RECORDS ACT (24 72 308 C.R.S.) TO HAVE THEIR ARREST AND CRIMINAL RECORDS INFORMATION AND CRIMINAL JUSTICE RECORDS SEALED. SUCH PERSONS MAY TRUTHFULLY STATE THAT THEY HAVE NEVER BEEN CONVICTED OF CANNABIS, MARIHUANA, MARIJUANA, MARIHUANA CONCENTRATE, SYNTHETIC CANNABINOID COMPOUND, OR TETRAHYDROCANNABINOL RELATED ACTS WHICH ARE NO LONGER ILLEGAL. This will act as an official apology for the crimes committed against these non-violent cannabis prisoners. This act will also delegate every April 20th as an official state holiday called Cannabis Freedom Day. The Colorado Drug Enforcement Agencies and the Medical Marijuana Enforcement Divisions budgets will be applied to 50% of the reparations to be paid for wrongs done to non-violent cannabis offenders retroactivity for the last 10 years and will be applied to reparations divided equally between current offenders. 50% will be paid directly from the reduction in prison cost or profits in the case of private prisons. The Cannabis Commission will be the sole signatory on the reparations fund to be established by the state of Colorado. Section 7. Unlawful Acts. (1) This article does not provide for any person under 18 years of age to use, acquire, cultivate, possess, transport, or distribute cannabis unless provided for by a parent or guardian or they have been granted the rights and privileges to access medical cannabis. (2) (b) determining any restrictions on cannabis that may be necessary to protect the public safety, such as authorizing behavior testing for drivers and pilots to determine impairment due to cannabis use. It will be a felony criminal offense with no less than 30 years to be severed to propose or request or take a blood test of persons suspected of driving under the influence of cannabis. PROHIBIT THE USE OF ANY CHEMICAL TEST FOR THE PRESENCE OF CANNABIS OR CANNABIS METABOLITES AS A CONDITION OF EMPLOYMENT OR ANY INSURANCE COVERAGE OR BENEFITS; OR FOR CREATING A PRESUMPTION OF IMPAIRMENT BY CANNABIS;

It shall be a Felony Criminal act punishable by no less than life in prison to be served for any law enforcement agency or its representatives to enter premises without a valid warrant in search of evidence for a criminal matter. It shall be a felony criminal act punishable by no less than 5 years to be served for any law enforcement agency or its representatives to hold any person freed by this act later than January 1st 2013. It shall be a felony criminal offense, with no less than 15 years to be served, for any person acting on behalf of a jurisdiction, law enforcement agency or prison to withhold any funding from the reparations fund. It shall be a felony criminal offense to grow patented/genetically modified crops in Colorado. Section 8. Medical marijuana provisions unaffected. (A) Nothing in this amendment will detract or supersede any freedoms, rights or privileges granted under Section 14 of Article XVIII of the Colorado Constitution. (B) This amendment will only act to expand the rights of both recreational and medical cannabis users. Section 8. Formation of Commission - Governor Appoints Qualifications-voter confirmation. (1) The Colorado cannabis commission is hereby formed and will be composed of 9 members. Only the president is to be appointed by the governor then subject to voter approval, with the exception of the inaugural president which will be appointed solely by the governor, to serve a term of office of two years or until the next statewide election, whichever comes first, All other members of the Commission will be selected by the voting public of the State of Colorado. (a) One person shall be a person who has benefited from the use of therapeutic cannabis at some time to treat an adverse medical condition. (b) One appointee shall have had experience acting as a primary caregiver for a seriously ill person. (c) One person shall be a physician licensed to practice in Colorado. (d) One person shall have at least five years experience in a field related to public health. (f) Two persons shall have at least five years experience in the public advocacy of human, civil, constitutional and/or cannabis rights. (g) One shall be chosen at large by a vote of the people. (h) Two shall have at least 5 years of ranching or farming experience and at least 2 years of cannabis or hemp cultivation experience.

(3) The term of office for appointees pursuant to Section 8 (1) (d), (e), and (f) shall be three years for the first set of appointments only. Thereafter all appointments shall serve a term of four years pursuant to Section 8 (1). (4) The governor shall make the first appointment no later than January 15, 2013. (5) The commissioners shall serve as volunteers, unless otherwise provided for by law. Section 9. Commission Duties and Responsibilities. (1) (a) The commission is charged with carrying out the directives and guidelines of the Save Colorado Cannabis Act. (b) The primary agenda of this article, and therefore the commission, is to allow cannabis use by persons 18 years or older as provided for in Section 7 (1) of this act. The sole license required to operate a commercial cannabis business will be a Colorado sales tax licenses. (b) Provisions shall include, but are not limited to: (II) requirements for ensuring only persons 18 years or older shall obtain cannabis; (VII) ensuring the safety and welfare of the public is held in constitutionally mandated importance; (VIII) ensuring the citizens of Colorado can obtain an affordable and adequate supply of cannabis; Creating a five person board, to be nominated by the Cannabis board as the boards sees fit to serve as the states Hemp Agricultural Board which will create rules to facilitate the industrial hemp industry in Colorado. The Hemp Agricultural Board will be a creation of the State Cannabis Board and report their findings and recommendations to both the General Assembly and the State Cannabis Board. (3) The commission shall make recommendations to the general assembly necessary to expand the freedoms of this article and to enact and enforce the provisions of this article. These recommendations shall include, but not be limited to, recommendations for: (a) determining offenses and penalties for violation of the provisions or intent of this article; (4) The commission shall promulgate rules to implement and enforce the provisions of this article. These rules shall include, but not be limited to:

(6) The commission shall file an annual report to the governor and general assembly on or before the second Tuesday in January each year. The first report shall be due in January 2013. (a) The report shall include recommendations for any statutory changes necessary to implement and enforce the provisions of this article. (b) The report shall indicate the degree of compliance by federal and state agencies, non-profit corporations, or any other entities dealing with cannabis. (c) The report may include recommendations for research programs designed to gather information or answer questions about cannabis or hemp use, production application or any other area not covered in this amendment. (d) The report shall make recommendations to establish adequate funding levels to achieve the goals of this article. (d) All sales tax collected as a result of this act shall be appropriated either to education, health and human services, Parks and open spaces or state run mass transportation funds. None of the sales tax collected as a result of this act can be used for law enforcement purposes. (7) The commission shall promulgate rules that are necessary to implement this article, pursuant to the State Administrative Procedures Act of the state of Colorado. (8) The state will establish discussions between federal government agencies, state government agencies, and other parties in interest, to establish a cohesive transition where conflict of law may exist. (9) The commission may in its duties find it necessary to promulgate rules or the general assembly may find it necessary to promulgate statutes, or other forms of law, to further assist the commission's constitutional duties. All rules promulgated must expand citizens rights under this amendment and cannot limit the scope of this amendment. (10) The commission is given the power and the duty to promulgate rules, pursuant to responsibilities set out in this article. (11) The commission shall have the power to issue subpoenas, hold hearings, compel testimony, and hire experts in various disciplines. (13) At its first meeting, the commission shall establish the guidelines for its meetings, including frequency of meetings, procedures, and other administrative functions. All meetings of two or more members must be open to the public. (14) The commission shall fill vacancies in the commission by a majority vote for the remainder of the vacated term. (15) The commission is required to establish initial rules and regulations within 180 days after its first meeting to begin the implementation this article.

(16) It is the duty of the commission, and the commission is vested with the authority, to implement this article. The president may be removed by a majority vote of the committee. Any other member can be removed by a 6/9 of the committee. Section 10. Attorney General - Chief Enforcement Officer of the State Requirement to Make Recommendations for Enforcement to Governor and General Assembly. (1) The attorney general is the chief enforcement officer of the state and has the duty to enforce this article. (2) The attorney general shall make timely recommendations to the general assembly and the governor to assist those bodies in the promulgation of statutes or rules and establish enforcement regulations to enact the goals of this article. (3) (a) The attorney general shall establish guidelines for law enforcement officers for establishing probable cause that the provisions of this article have been intentionally violated. (b) The purpose of these guidelines shall be to eliminate the prosecution or persecution of adults 18 years or older for lawful cannabis use and to enable immunity from prosecution as described in Section 5 (1). (4) The attorney general shall, upon written notification of the commission, assist the commission with recommendations to promulgate effective rules and regulations to achieve the goals of this article. The state will primarily act as defense for any citizen if a conflict exists between this constitutional amendment and any federal laws. The Attorney General of the State of Colorado will act as primary council for the defendant if any suit is brought forth by the federal government in violation of this constitutional amendment. Anyone arrested in Colorado that can claim the protection of this amendment will be remain free until trial and will also have the recourse of being tried in Colorado by a state court. Any cost incurred for defense for a citizen of Colorado against the federal government will be recovered from the federal government by the state. Section 11. Governor - Chief Executive Officer - Duty to Execute the Article. (1) The governor, as the Chief Executive Officer of the state, has the duty to execute and enforce this article. (2) Upon written notification of the commission, the governor shall assist the commission in its constitutional duties to carry out the goals of this article.

(3) The governor shall work closely with the commission and its recommendations to implement this article. (5) The governor will grant reprieves or pardons, pursuant to Article IV, Section 7 of the state constitution, to persons recommended by the commission, pursuant to Section 9 (5) of this article. Section 12. General Assembly - Duty to Authorize Funds - Duty to Assist the Commission -Duty to Promulgate Statutes. (1) The general assembly shall provide from the state treasury adequate funding levels to the commission, sufficient to accomplish the goals of this article. (2) Upon written notification of the commission, the general assembly shall render the assistance requested within the laws of the state of Colorado. (3) The general assembly shall work closely with the commission and its recommendations to enact statutes that would more effectively enforce or otherwise implement the goals of this article. Section 13. Other State Government Agencies - Duty to Assist the Commission. (1) As this article is first and foremost an amendment to the Colorado state constitution which is the supreme law of the land that all government agents must protect and defend. (2) Upon written notification of the commission, any state government agency or agent shall render the requested assistance within the laws of the state of Colorado. Section 14. Executive Officers Duty to Resign Subject to Impeachment. (1) It is the duty of all state executive officers to implement this article and shall carry out their duties as herein provided or as may otherwise be provided for by law. (2) Should a state executive officer be unable to separate his or her personal beliefs from the implementation of the law, it is that officers duty to resign their office. (3) Failure of a state executive officer to perform their ministerial duties as provided in this article shall subject such officer to impeachment for malfeasance in office pursuant Article XIII of the state constitution. Section 15. Severability. If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable. Section 16. Liberal Construction. This article shall be liberally construed to achieve the goals of this article.

Section 17. Article Self-Executing. This article shall be in all respects self-executing; but the general assembly may by law provide for its more effective enforcement. Section 18. Notification. Upon passage of this amendment, the governor of the state of Colorado is instructed to inform the President and Congress of the United States of America of this amendment's passage and to urge the repeal of the federal prohibition laws against cannabis and to enact federal laws similar to or less restrictive than the provisions of this amendment. Section 19. Effective Date. Enacted by a vote of the people, November 3, 2012. Effective upon proclamation of the governor. Back to the Top