Amendment 64: Douglas County to ban retail marijuana sales a year before they could happen

Thumbnail image for jack hilbert douglas county commissioner.jpg
Jack Hilbert.
Although voters approved Amendment 64 earlier this month, the retail sales aspect of the measure can't go into effect prior to late 2013 or early 2014 -- and that's only if (and it's a big "if") the federal government doesn't take action to intervene. Yet Douglas County Commissioner Jack Hilbert has already introduced an ordinance to ban such sales there; see it and more documents below. A surprise? Absolutely not.

The DougCo commissioners have long been anti-marijuana when it comes to retail outlets. Back in June 2010, we spoke to Hilbert about the decision to put a medical marijuana dispensary ban on that November's ballot. "The voters are the ones who approved this in the first place -- and I constantly hear from people who say, 'This is not what I voted for,'" he told us at the time, adding, "I think people who voted for it went with their heart and their compassion, but now they're looking at this and saying, 'I didn't vote for this.'"

douglas county commissioners steven boand jill repella jack hilbert.jpg
Douglas County Commisioners Steven Boand, Jill Repella and Jack Hilbert.
Then, this past September, the commissioners joined Douglas County Sheriff David Weaver in opposing Amendment 64, dishing out some of the strongest language of any elected officials in the state -- and that's saying something given the vitriol directed at the proposal from many quarters.

As we wrote at the time, the commissioners' resolution, signed by Hilbert, employs the typical "whereas" format -- and most of the clauses that follow this word suggest disaster should the majority of Coloradans allow adults to possess and use small amounts of cannabis. The commissioners argue that the amendment "fails to protect the health, safety and welfare of Colorado citizens" because it lacks standards against "harmful contaminants and disease," "conflicts with federal law and jeopardizes federally funded projects because drug-free workplace requirements may not be met," and "suggests that Colorado is on tract [sic] to become a primary source of supply for high-grade marijuana throughout the country."

The new document, dated November 20, is equally strong. It's described as "an ordinance prohibiting the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities or retail marijuana stores within the unincorporated boundaries of Douglas County, State of Colorado" -- and its first "whereas" points out that voters in DougCo actually turned thumbs-down on Amendment 64, with 55 percent of participants marking "no" on their ballot.

The ordinance also notes, accurately, that Amendment 64 includes a provision for localities such as Douglas County to opt out of such sales. And opting out is the commissioners' preference -- so much so that they propose fining anyone who ignores the ordinance once it's officially approved $1,000 per violation, with each day deemed a separate violation.

Look below to see a 7News report about the proposal, followed by the ordinance, Sheriff Weaver's argument against Amendment 64, and the commissioners' previous resolution.

Continue to see the proposed retail marijuana sales ban and more.


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75 comments
ejnevling
ejnevling

What's funny is that people like me who grow marijuana are all too happy about Douglas Counties ban. I live in Castle Rock and all the ban means is that people here who want marijuana will buy it illegally from local growers, a few people get together in a house and grow 18 plants (perfectly legal) which (when sufficient light, nutrients and environment are provided) can yield 54-108 pounds ($86,400-$172,800- worth at a very low price of $100/oz) of marijuana (per year and it's legal to keep the products of your grow in your grow room). This is a product that is worth (even at today's prices) more than 3 times it's own weight in silver and they want to keep it on the black market?? Now the law says it's perfectly acceptable to transfer up to an ounce ($100-$200 worth depending on where you go) of marijuana to an adult 21+ without payment, so what happens? Person A collects the money from they buyer and directs them to Person B who "gives" them the desired amount for "free" and technically no laws are broken. This has been a tactic employed by drug dealers for decades. A64 was a step in the right direction, no longer will people be needlessly fined or jailed for simple possession. Douglas Counties rash decision only ensures that all of the profit remains in the hands of growers and dealers and not in the the treasury.

neonhalo
neonhalo

Those were not as instant as your statement implies. The repeal of prohibition for alcohol still left "moonshining" illegal. Women still don't vote in the same quantity as men and are still marketed kitchens and vacuums in toy stores while Leno makes cracks about their driving skills. The mormon church just recognized black people as equal like last week. Change happens so slow in a mass society that it seems still at times but this proves it's not still. Hell, I honestly thought I was voting for more taxation in a directed way towards schools for medical marijuana. I didn't have any thought it was for this level of legalization. I am impressed with what that vote did, well, less so as I live in Douglas County.

neonhalo
neonhalo

A republican government is slow to move, yet once in motion it's momentum becomes irresistible - Jefferson. Yay for quote searches. I think it's more small minded to think that with one fell swoop you can make any weed related activity one can imagine legal and easily available. That's not how things have ever worked in this country.

neonhalo
neonhalo

DonkeyHotay is right, in that this isn't a legal free for all. This will still be highly limited: no private sales, few legal counties for retail and cultivation, no smoking in public, no weed bars. Donkeyhotay is wrong however because he feels a legal free for all was ever, at all, a posibility this quickly, this is an evolution not a revolution.

DonkeyHotay
DonkeyHotay topcommenter

 *** Boulder officials: Ban non-medical pot shops ahead of legalization via Amendment 64 !! ***

Boulder voters backed Amendment 64 legalizing recreational marijuana use and sales at even higher rates than other parts of the state, but the Boulder City Attorney's Office wants the city to ban non-medical marijuana stores.

In a memo to the City Council, City Attorney Tom Carr and Senior Assistant City Attorney Kathy Haddock recommend the city not allow recreational marijuana retail stores in the city for at least the next two years.

http://www.dailycamera.com/dailycameratopstories/ci_22105847/boulder-officials-ban-non-med-pot-shops

.                                                   

                                           *** Regulation Works !!! ***

Deb Paone
Deb Paone

Seriously? And EXACTLY what do you think THAT would do???

nobigdeal
nobigdeal

@ Donkeyhotay: Amendment 20 is still applicable. You might want to re-read the Douglas County memo and ordnance as it only prohibits retail cultivation & retail sales. Private sales are not mentioned. PS: Donkeyhotay, you are obviously a downright disrespectful person with apparently no experience working with Douglas County government. As far as name calling on the internet calling me and other people idiots / morons / stoners / losers??? Get real.

Corey Donahue
Corey Donahue

Yeah, why would the Governmetn use the language, of the Constitutional Amendment you just passed, that allows governments to ban your constitutional amendment. Jesus, really this is reporting? Read what it says dummys, (e) NOT LATER THAN OCTOBER 1, 2013, EACH LOCALITY SHALL ENACT AN ORDINANCE OR REGULATION SPECIFYING THE ENTITY WITHIN THE LOCALITY THAT IS RESPONSIBLE FOR PROCESSING APPLICATIONS SUBMITTED FOR A LICENSE TO OPERATE A MARIJUANA ESTABLISHMENT WITHIN THE BOUNDARIES OF THE LOCALITY AND FOR THE ISSUANCE OF SUCH LICENSES SHOULD THE ISSUANCE BY THE LOCALITY BECOME NECESSARY BECAUSE OF A FAILURE BY THE DEPARTMENT TO ADOPT REGULATIONS PURSUANT TO PARAGRAPH (a) OR BECAUSE OF A FAILURE BY THE DEPARTMENT TO PROCESS AND ISSUE LICENSES AS REQUIRED BY PARAGRAPH (g).

nobigdeal
nobigdeal

as pointed out by other folks, obviously Douglas County intends to ban retail & medical dispensaries but so what. Private sale / possession up to an ounce / and even growing up to 6 plants in your home is perfectly legal once the governor certifies the vote. If a full blown under 21 pothead is caught with "weed" in Castle Rock they'll still get in a heap of trouble but at least for everyone else things are starting to ease up in terms of the onerous and downright ignorant laws regarding cannabis. I don't have a crystal ball but I'm pretty sure things will get even easier in regards to cannabis possession and use in Colorado. 

nobigdeal
nobigdeal

@ donkeyhotay: City & County law can never trump state law. The constitutional state amendment was written to allow people to purchase/possess/grow/sell cannabis up to certain limits as specified by state law. 

Like it or not, Amendment 64 has been voted on and passed as it was written. Anyone who has a medical need to possess cannabis now has two state constitutional amendments guaranteeing certain freedoms from contrasting local & county laws. Not sure what your motivations are Donkeyhotay guy but no one seems to really like you or your argumentative tone very much. I'm not sure your accomplishing very much by arguing with people on the internet. No matter what though, happy holidays to you and everyone else

DonkeyHotay
DonkeyHotay topcommenter

84 -- eighty four -- cities and/or counties in Colorado have already banned "medical" marijuana dispensaries.

First order of legislative business for those 84 local governments will be to preemptively ban all recreational marijuana dispensaries.

Many cities/counties that previously tolerated medical dispensaries may now also reconsider the error of their gratitude.

It's a good thing that lyin' Brian Vicente and mendacious Mason Tvert were such stalwart supporters of Big Government Regulators that they included a clause in A64 that allows any local government to completely ignore the "will of the voters" and ban all retail pot shops!

                                             *** Regulation Works! ***

Büch Dich and prepare to get regulated, scukers!

nobigdeal
nobigdeal

This is not a big deal. Once the vote is certified by Governor Hickenlooper it will be 100% legal to purchase, possess, and grow your own plants (up to 6). Let's be honest here, the elected officials in Douglas County would never get re-elected if they publicly went along with the pro marijuana voters. Seriously people, get real. These elected lawmakers are doing and saying exactly what they need to say to get re-elected from their Douglas County constituents. But don't worry, the tide of public opinion is changing and people are getting more and more educated about the health and society benefits of legalizing cannabis. It won't be too much longer before the lawmakers of Douglas County heed Tom Tancredo's advice and just legalize and tax the stuff. Be patient and stop freaking out / talking trash. The more civil and well spoken you are with Douglas County lawmakers the faster things more jobs will be created, more tax revenue will start rolling in, etcSigned, 

a lifelong resident of Colorado with family in Castle Rock

Natasha Schwertley
Natasha Schwertley

Because they don't care about the will of the people of the money it will bring in to their citizens. And they want big govt control.

Serendipity Gonzales
Serendipity Gonzales

Lawsuit waiting to happen these jackasses are wasting taxpayer money doing this!

tbarger77
tbarger77

They are fighting on the side that it is unsafe, and unhealthy for Coloradans to have and use small amounts of cannibus. Its really no worse for you than smoking cigarettes is. In my opinion, much healthier than drinking alcohol, but does Douglas County care about tobacco or alcohol? No. Only tetrahydracannibinol. Its discriminatory against one chemical, but turning a blind eye to all others. Maybe next, they will ban White Out. Or Krazy Glue. Or maybe even mouth wash. All of these things pose a much bigger threat to our health than thc. Stupid fat man. He probably smokes it at home anyway.

Rainer
Rainer

Is this the "legalization" you voted for? Guess you didn't read A64, cuz the only thing it "legalizes" is discrimination against pot smokers.

PlzMakeSense
PlzMakeSense

I'm a lifetime resident of Douglas County who voted for 64. I'm so tired of this county thinking they're a cut above everyone else. The elitist attitude that permeates here is getting so extreme, don't be surprised if you see the Sheriff setting up road blocks at the county's boundaries to control who can transit through here soon. Hilbert and the rest of his clueless goons are catering to the wishes of the local, ignorant, uninformed 1%. These guys need to go so we can get some common sense here. Yes on 64. No on Hilbert.

tutonehcc
tutonehcc topcommenter

The Douglas County Commissioners Cast of Pot Clowns, let's not forget who these clowns are when it comes time to voting them out.

michael.roberts
michael.roberts moderator editortopcommenter

@neonhalo Always good to hear from a DougCo resident. Thanks for posting, NeonHalo.

DonkeyHotay
DonkeyHotay topcommenter

@neonhalo "I think it's more small minded to think that with one fell swoop you can"

LOL! ... the 21st Amendment repealed the 18th Amendment -- The Volstead Act, i.e. Prohibition -- in its entirety.

No half-ass baby-steps or small-minded half-measures -- an ENTIRE "revolution" in "one fell swoop".

Stay small minded.

DonkeyHotay
DonkeyHotay topcommenter

@neonhalo  "I think it's more small minded to think that with one fell swoop you can ..."

... repeal prohibition?

... allow women to vote?

... emancipate the Negro slaves?

DonkeyHotay
DonkeyHotay topcommenter

Little Minds of Little Courage beg for Little Freedom 

-- D.H.

DonkeyHotay
DonkeyHotay topcommenter

@nobigdeal  ... hey fuckwit -- what part of PRIVATE SALES are ILLEGAL -- even under A64 -- don't you comprehend?

DonkeyHotay
DonkeyHotay topcommenter

@nobigdeal "Private sale / possession up to an ounce / and even growing up to 6 plants in your home is perfectly legal"

Another Ignorant Stoner who didn't even read, much less comprehend, what A64 proposed.

Hey dipshit -- ALL Private Sales are prohibited and remain a FELONY under A64! ... that's EXACTLY what you voted for, moron.

Stay stupid, it's your best skill.

ejnevling
ejnevling

@DonkeyHotay Who gives a shit? I live in Douglas County and haven't had dispensaries for years, do you really think that stops me from attaining marijuana? Do you really think anything has REALLY changed since it was passed? I smoked marijuana everyday and grew several plants in my home before it was legal and I continue the same thing. The difference that what I'm doing now is not illegal but has that affected anything in practice? No. It's legal to possess, grow, and **give away for free**. Do you really think that because they banned personal sales that people will just not sell it? No, they'll transfer money first then someone else GIVES them the marijuana for "free" and it's all perfectly legal. Your objections are nothing but semantic bullshit. Take it from someone who LIVES AND SMOKES IN DOUGLAS COUNTY, this is a success and a victory for marijuana proponents, to claim otherwise is idiotic at best.

DonkeyHotay
DonkeyHotay topcommenter

@nobigdeal  "it will be 100% legal to purchase, possess, and grow your own plants (up to 6)."

False!

@nobigdeal  "It won't be too much longer before the lawmakers of Douglas County heed Tom Tancredo's advice and just legalize and tax the stuff."

Utter Nonsense!

DonkeyHotay
DonkeyHotay topcommenter

@Serendipity Gonzales  -- nonsense!

A64 specifically ALLOWS cities and counties to BAN ALL retail stores!

You vote for that -- that's what you got, sucker.

michael.roberts
michael.roberts moderator editortopcommenter

@tbarger77 If there's an attempt to ban Krazy Glue, we'll be here to cover it. Thanks for the post, tbarger77.

DonkeyHotay
DonkeyHotay topcommenter

@tbarger77  "unhealthy for Coloradans to have and use small amounts of cannibus [sic]"

  • Amendment 64 declares that marijuana is so harmful and dangerous that no one should be allowed to possess more than 1 (one) pathetic ounce.
  • Amendment 64 declares that marijuana is so harmful and dangerous that no one should be allowed to grow more than 3 (three) flowering plants.
  • Amendment 64 declares that marijuana is so harmful and dangerous that no one should be allowed any private sales -- not a single gram between consenting adults.
  • Amendment 64 declares that marijuana is so harmful and dangerous that no one under 21 years old should be allowed ANY legal access -- not one gram, not one plant.

DonkeyHotay
DonkeyHotay topcommenter

@Rainer                    . *** Regulation Works! ***

michael.roberts
michael.roberts moderator editortopcommenter

@PlzMakeSense You weren't alone among Douglas County residents to support Amendment 64 -- but it was one of the few counties where the measure ultimately lost. Thanks for sharing your thoughts.

DonkeyHotay
DonkeyHotay topcommenter

@tutonehcc  ... good thing that the fools and tools who wrote, promoted and voted for A64 included the "local option" which allows any city or county to completely ignore the relevant provisions of A64!

What brilliance! ... an optional constitutional amendment that can be ignored by any governmental subdivision that so desires ... at anytime.

                                             *** Regulation Works! ***

ejnevling
ejnevling

@michael.roberts @neonhalo I am also a resident of Douglas County. It is true that our police force is notorious for having little to do. I once called because an ex girlfriend had "vandalized" my truck with auto chalk (wrote derogatory statements and obstructed my view through the wind-shield)  and 6 (Six!) police cars showed up within minutes to investigate. They have little to do and jump at any chance for action. There is a *well* established underground marijuana market in Douglas County and it's hard to imagine it growing larger than it already is. I've been growing here for years without any interference from police because (1) I have a red card and (2) my grow op is small enough to be simple yet effective and small enough that it doesn't draw attention. Six plants grown properly are capable of yielding anywhere from 72 - 384 ounces (4.5-24 pounds) per year I've been told by several under-age kids that it is far easier to get weed, cocaine, ecstacy, acid, etc. etc. than it is to get alcohol. Regulation is the way to go if we are serious about keeping it out of the hands of our children.  For a point by point refutation of Sheriff Weaver's claims and assertions see this article also in The Westword: %s

neonhalo
neonhalo

@DonkeyHotay @neonhalo All or nothing is just going to leave you with nothing. Government is compromise. That's the point of a republic.

DicklessHonkey
DicklessHonkey

@DonkeyHotay Don't some of you say you know who this shitbag is? Can we get him busted? He's clearly a drug dealer. Nobody has the time to sit and post incessant nonsense unless that person does not work an actual job. So if you have the info, call the cops on this jackass and then we can test out all his theories about arrests, penalties, jail, etc. I have seen some idiots argue on the internet before, but never with such utter denial of the facts. You are clearly not dumb, just a fucking sociopath who needs a hobby and validation. Go sell your drugs, count your money, shut the fuck up and let the adults have a conversation without interruption. You heard me, run along little boy. 

DicklessHonkey
DicklessHonkey

@DonkeyHotay What is your goal? What do you wish to accomplish? Is this just your hobby? I really want to know because the LAW WAS PASSED and there isn't a fucking thing you can do about it. So again...WHAT EXACTLY DO YOU HOPE TO ACCOMPLISH BESIDES BEING AN ANNOYING ASSHOLE? You lost. It happens. Your blackmarket will dry up and you will have to find actual work. Deal with it. 

ejnevling
ejnevling

@DonkeyHotay @tbarger77 Nowhere in the language of Amendment 64 does it "declare marijuana harmful" This is a blatant lie, nothing more.

ejnevling
ejnevling

@DonkeyHotay @neonhalo One puny ounce?!? This just goes to demonstrate your complete ignorance on the subject. One ounce is a hell of a lot of weed considering most people purchase it an 1/8th ounce at a time. An ounce will last me, as a daily smoker, at least 4-6 weeks. To state that one ounce is "puny" is intellectually dishonest and blatantly false.

Don_Quixote
Don_Quixote

@DonkeyHotay @neonhalo It's like listening to the homeless guy on the bus who shits in his hand and proceeds to rub it all over himself.

Sure, amid his incoherent ramblings come a few nuggets of truth but you're too distracted by his stench and sheer insanity to really heed anything he has to say.

Then again, this is the internet, can any of us say we expected  more from your typical keyboard warrior?

DonkeyHotay
DonkeyHotay topcommenter

@neonhalo "I will say this, it's moving faster than I would have thought."

Little minds ...

@neonhalo "This level of legalization at 55% voted is surprising. I would have an order of decriminalization at the end of Obama's second term would be the best to hope for."

That's what people said during the Ford and Carter administrations ... then came Reagan 

And Colorado "decriminalized" personal marijuana possession back then, in 1975, for everyone without age restriction. Colorado raised the decriminalized personal possession limits to 2 (two) ounces in 2010, again for everyone without age restriction.

Now comes the pathetic turd A64 that rolls backwards to only 1 (one) puny ounce, and then excludes everyone under 21 years old.

Some progress, eh?

neonhalo
neonhalo

@DonkeyHotay @neonhalo 2112 I like that. I will say this, it's moving faster than I would have thought. This level of legalization at 55% voted is surprising. I would have an order of decriminalization at the end of Obama's second term would be the best to hope for. I did not think any ballot initiative would go this far this quick. I just didn't think it was in the majority opinion.

DonkeyHotay
DonkeyHotay topcommenter

@neonhalo ... so your evolutionary plan calls for marijuana to actually be legal sometime around 2112, eh?

Stoner-slackers are as Stoner-slackers do.

neonhalo
neonhalo

@DonkeyHotay @neonhalo Right, Abraham Lincoln, Emancipation, your free, but you can't vote. Susan B. Anthony, equal pay for equal work, it's now 2012 and not quite there yet are we? MLK, and now you can vote, 100 years later. How revolutionary.

DonkeyHotay
DonkeyHotay topcommenter

@neonhalo "All or nothing is just going to leave you with nothing."

LOL!

Good thing that Abraham Lincoln, Susan B. Anthony or Martin Luther King weren't cowardly surrender-monkeys like you, eh?

DonkeyHotay
DonkeyHotay topcommenter

@DicklessHonkey "Can we get him busted?"

Who's "we", eh punk?

You and the voices in your dope-baked delusional brain?

DonkeyHotay
DonkeyHotay topcommenter

@DicklessHonkey "the LAW WAS PASSED"

Yep -- the LAW that allows ANY City or County to IGNORE the provisions of A64 and DENY ALL RETAIL pot stores.

And there isn't a fucking thing you can do about it, sucker!

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