As we mentioned earlier this week, Colorado Springs conservative Douglas Bruce had petitioned the Colorado Title Board to change the title of the Regulate Marijuana Like Alcohol Act of 2012 to include TABOR-related tax language. The hearing on that challenge was yesterday morning, but no decision was handed down. In fact, the title board won't be making one.
It turns out Bruce had also filed his complaint with the Colorado Supreme Court. According to attorney Brian Vicente, one of the act's proponents, the court has the final say on pretty much everything. So filing with the Supremes supersedes any filing made at the same time with any lower decision-making body, like the Colorado Title Board.
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It's now up to the Colorado Supreme Court to decide the matter; Vicente says he expects a ruling within the next few months, and thinks it's unlikely it will even come to a hearing. "They maybe entertain 10 percent of things that go their way," he notes. "Most they flat-out deny. We feel confident they'll deny this"
Bruce's argument is that the act doesn't make it clear to voters that a new tax would be created if the measure passes. But Vicente denies that the act would create a new tax. Instead, it would allow the legislature to enact an excise tax on cannabis in the future. "People will be told all of that," he says.
The Regulate Marijuana Like Alcohol Act of 2012 isn't out of the water yet. On July 31, its proponents will again go before the title board. Crazy for Justice's Corey Donahue has challenged the title language, arguing that it's misleading and claiming it should be renamed the "Regulation of Marijuana with Enforcement Through the Department of Revenue" or "The Sentencing Reform of Marijuana for the More Efficient Use of Law Enforcement Resources."
Want another hit of marijuana coverage? Watch for William Breathes's next dispensary review, which will be posted here at 4/20. In the meantime, you can read his previous reviews in the Mile Highs and Lows archive.