POT PROPOSAL LEAVES QUESTIONS

Issues Aren't Addressed in Ballot Measure That Would Legalize
Marijuana

Much the way marijuana stays in a person's system for an extended
period, expect some fallout to linger in the halls of government well
after the Nov. 7 election if Amendment 44 passes.

The reason is because the wording of the ballot measure is so simple,
even the most ardent stoner could understand it. But that is also its
curse because it leaves so many issues unaddressed.

Amendment 44 seeks to allow adults over 21 to legally possess up to an
ounce of marijuana for their own personal use.

That is all the backers of the proposal said they wanted to do - strip
it of its Class 2 petty offense and the accompanying $100 ticket.

"It's the most straightforward initiative on the ballot," Amendment 44
campaign manager Mason Tvert said. "It's time to acknowledge the
current laws about marijuana have failed."

But there still will be laws. Federal law would still exist denying
the right to have pot, as it would buying, growing and selling it. The
Food and Drug Administration would also have to remove it as an
illegal drug to allow lawmakers to set up a tax and regulation system,
much like with alcohol.

The state legislature would also have to make an addition, since if
Amendment 44 were to pass, it would leave a gap regarding the transfer
of pot from a 21-year-old to someone between 18 and 20. Legislation
would have to be introduced to re-instate a fine of $100 for that act.

Opponents argue that the push to pass Amendment 44 is just one more
step toward the ultimate goal of Tvert and others - the nationwide
legalization of all drugs - and they point to slow but steady passage
of pro-pot laws around the country in the last few years.

Calvina Fay, executive director of Save Our Society from Drugs, said
it started with a smattering of laws passed to allow marijuana to be
used for medicinal purposes. Currently 11 states, including Colorado,
allow marijuana to be prescribed for medicinal usage.

Now, Fay said Colorado's Amendment 44 is pushing the envelope even
further and she said the message the pro-pot group is sending - that
marijuana is relatively safe - is a dangerous one for children.

"When a society normalizes something and says it's acceptable to do
this and tolerates a society that permits it, it sends a message that
drugs aren't harmful and marijuana is akin to soda pop," Fay said.
"But if you look at the data, through the years when children have
been polled about their attitude about drug use, and society
disapproves of drug use, children are less likely to use."

Fay is alarmed because Colorado is not the only state considering
legalization of marijuana for recreational use on this year's ballot.
Nevada also has an initiative on the ballot this year - though that
state's measure also sets up a variety of penalties for criminal
offenses related to driving under the influence of pot. It also
establishes a retail sales system to allow for the purchasing of marijuana.

Amendment 44 does not address those questions, nor the question of how
one can possess pot while one is not allowed to buy it or grow it.

"Until federal law changes, there will be no way to get it legally,"
Tvert admitted. "But the fact is, people have access to marijuana
right now, and do we want to focus our limited law enforcement
resources worrying about the lowest-level private users? That's what
this amendment is all about."

And Tvert said federal law would trump the entire regulatory system
set up in Nevada's ballot question, too.

He said his campaign has been up front all along about what it wants
to accomplish - namely getting law enforcement to lay off the
low-level adult users. Tvert said he would eventually like to see the
Food and Drug Administration approve marijuana for retail sale and
subject it to a similar tax and regulation system that alcohol
currently has.

If Amendment 44 were to pass, enforcement for adults 21 and over
possessing an ounce of marijuana would fall to the federal government.
Drug Enforcement Administration spokesman Mike Turner said his office
would have to make the arrest and the culprits would then have to be
prosecuted by the U.S. attorney in federal court.

"We don't have unlimited resources," Turner said.

The debate over Amendment 44 is also exposing differences of opinion
within the political parties.

Republicans with libertarian leanings see it as a personal choice
issue and want to support it, while prominent Democrats have opposed
the amendment.

For example, House Speaker Andrew Romanoff has opposed it, while
conservative radio talk show host Mike Rosen came out in support of
it.

And a group of Republicans and Democrats calling themselves Guarding
Our Children Against Marijuana Prohibition have come out in support of
it. The name of the group is a take-off on the opposition group,
Guarding Our Children Against Marijuana.

Both sides have relied more heavily on news coverage than advertising
campaigns, and current funding totals for both sides are modest -
though Tvert argues the anti-44 forces have the federal government
officials - including U.S. Drug Czar John Walters, who appeared in
Colorado on Wednesday - working for them.

But Robert McGuire, who is heading up the Colorado chapter of
Florida-based Save Our Society from Drugs, argues that Tvert gets
large chunks of funding from the Safer Voter Education Fund.

Through Sept. 27, Tvert's Alcohol-Marijuana Equalization Initiative
Committee had $10,899 in funds on hand, while Guarding Our Children
Against Marijuana had $2,746 on hand. The main opposition group, Save
Our Society from Drugs, had $10,884 on hand. The largest contribution
by one group to Tvert's group in the last filing period was $19,501
from the Safer Voter Education Fund.

Save Our Society from Drugs got a $20,000 contribution from Denver
businessman Kevin Kaufman in the last filing period.

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AMENDMENT 44

Would allow adults 21 and over to possess up to an ounce of
marijuana.

Who supports it: Sponsor is Alcohol-Marijuana Equalization Committee
and the Safer Alternative for Enjoyable Recreation. Also supporting it
is the group Guarding Our Children Against Marijuana Prohibition.
Since the end of July, the campaign has spent $46,362, and the largest
donor was SAFER Voter Education Fund, giving a total of more than $41,490.

Who opposes it: Save Our Society from Drugs, Guarding Our Children
Against Marijuana, Students Against Marijuana and Drug Free Schools
Coalition of Colorado. Save Our Society from Drugs reported spending
$9,635 through the last filing period, and Denver businessman Kevin
Kaufman is listed as the group's largest contributor, donating $20,500.

For more information: www.SaveOurSociety.org for the opponents' side,
and www.SaferChoice.org for the proponents' side.

If the Ballot Passes:

Would pot be legal? No. Under federal law, an adult still cannot
legally possess marijuana, but if a person were to be arrested for
possession of an ounce of pot, he would have to be arrested by federal
agents and tried in federal court - something the federal government
says it doesn't have the resources to do.

Could you grow, buy or sell pot? No. The amendment does not address
that issue and it would still be a crime to grow, sell or buy pot. The
amendment only tackles the possession issue.