Jan 082013
 

The January 7 meeting continued discussing how Greenwood Village would respond to Amendment 64 which legalizes the possession of up to 1 oz of marijuana. This time, the debate focused mostly on how to deal with transportation. Amendment 64 only legalizes possession, not necessarily buying, selling, or transporting marijuana. The Greenwood Village attorney and police department wrote Ordinance No. 43-12, which was the Greenwood Village municipal rules concerning possession of marijuana. In that ordinance, it says that possessing marijuana in public areas, buildings, trails, parks, etc is considered transportation and therefore illegal. The council members discussed whether they should be prohibiting transportation. One council member pointed out that the citizens of Colorado did vote fairly to allow marijuana and arresting someone for having it in their backpack or pocket is unfair. The debate returned to the idea of federal versus state law. One council member argued that since marijuana was illegal federally, the Greenwood Village police could restrict it as much as possible. The topics of health, safety, and welfare became key in the debate. Many council members opposed allowing any sort of transportation because marijuana could pose a societal threat. Some medical research indicates that marijuana is dangerous for health and is not like alcohol. They also pointed out that the citizens of Greenwood Village largely opposed Amendment 64, and so therefore acting on the beliefs of their constituents, the council should restrict marijuana use. Personally, I believe that it is confusing to constituents if local, municipal laws become completely different from state law. I think that the extra restriction and rules further complicate the issue, for both the citizens and for the police. I also believe that if transportation (even if in just a pocket or backpack) becomes punishable, it might compel people to start growing marijuana, which poses many more safety threats.

  •  Posted by on January 8, 2013 at 11:26 am
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Jan 062013
 

On the December 17 meeting, the Council discussed a topic studied in every US Government class- federalism. Federalism deals with the relationship between the national, federal government and local state governments. Often times, there is conflict between the two forms of government. One such example of this came with the passage of Amendment 64 in the 2012 election in Colorado, or the Regulate Marijuana like Alcohol Act, which makes up to 1 oz of marijuana legal in Colorado.

As a Greenwood Village police officer, or council member, which Constitution are they held to- The US Constitution or the Colorado Constitution? Amendment 64 further complicates matter because possession is legal, however selling and purchasing are not legal. Therefore, once again, citizens and police officers are pulled in opposite directions. I do not agree with Amendment 64, simply because its unintended consequence of pitting the two forms of government against each other far outweighs the benefits. However, as the Council also discussed, there really are only two solutions: Wait for marijuana to be taken off of the Controlled Substances Act, thereby becoming legal federally, or to wait for the federal Justice Department to sue the state of Colorado for violating federal law. Both processes will be messy.  However, marijuana remains illegal federally under the Controlled Substances Act. Therefore, the council debated what Greenwood Village police officers should do. This spirited, fascinating debate brought up several key, at times unanswerable questions: Does state law trump national law? Is national law supreme? The constitution argues both ways- Federal law rules in the Supremacy Clause whereas State law rules in the Tenth Amendment.

  •  Posted by on January 6, 2013 at 6:58 pm
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