Marijuana: Mason Tvert says limiting pot sales to Colorado residents would be unconstitutional
Tvert feels confident there won't even be much of a discussion around a residency requirement.
"It's been floated, but I think that anyone who's brought up the idea will have to...appreciate the fact that it is grossly unconstitutional," he says, adding of the task force members, "If they don't recognize that it's unconstitutional, then we should be asking ourselves why they are in that position."
A residency requirement is not the only proposal that Tvert says would directly violate the law. As we reported last week, the task force has also raised the question of whether the state should own and operate pot shops, instead of private entrepreneurs. At least one task force member is a fan of the idea -- but not Tvert.
"We created a law that ensures the system will exist based on certain guidelines," he says. "That there will be these businesses that are regulated by the government at the local and state level that will sell and that the legislature needs to establish specific regulations regarding time and place of sales, labeling, security and so on."
He continues, "We did not leave it open for them to just change it and say, 'We're gonna scratch that and have the state run it.'"
If that option were pursued, it would also mean a legal fight, he warns.
"I hope that that doesn't take up time as we try to create a working system," he says, "and I hope it doesn't take up our money by having to go to court over it."
More from our Marijuana archive: "Marijuana: Boulder official calls for dual licenses on pot shops"