Amendment 64 became law on December 10, 2012 as Article XVIII, Section 16 of the Colorado Constitution. It gave Colorado citizens an immediate ability to possess one ounce or less of marijuana (including concentrates like hash oil), consume marijuana and grow 6 plants. As of January 1, 2014, the sale and production of marijuana was commercialized through the licensing of recreational marijuana stores, grow facilities, testing facilities and product manufacturing facilities.
While recreational marijuana is treated differently for tax and regulatory purposes, the regulatory framework for recreational marijuana mirrors the framework established for the licensing of medical marijuana commercialized products. The licensing and regulatory requirements for “commercialized” medical marijuana can be found in the Medical Marijuana Code, which was created via HB 10-1284 and was signed by Governor Hickenlooper on June 7, 2010.
Colorado's medical marijuana market developed for years without regulatory oversight. By the time the State scrambled to license and regulate medical marijuana there were already hundreds of shops in operation. Unfortunately, the regulations put in place with HB 10-1284, and the state infrastructure needed to enforce them, were woefully underfunded ( March 2013 Audit and June 2013 Audit ). Amendment 64 passed because voters were led to believe the State would FINALLY begin to strictly regulate the sale and production of marijuana. Anxious to ensure robust regulation, several of us that would go on to form Smart Colorado served on the Governor’s Task Force to implement Amendment 64.
Our founding members began to meet and share their concerns as they watched powerful and well-financed representatives of the marijuana industry dominate the policy making process on the Task Force. After the “heath, safety, and well-being of Colorado children” was ranked last in priorities by the Task Force and no other groups or organizations spoke up on behalf of protecting Colorado youth, the founding members of Smart knew something had to be done.
Smart Colorado was formed in 2013 and has been the voice for children at the State and local legislative and policy levels ever since.