Polis will be potfriendly; here’s exactly what that could mean
Growing up in Denver, I never thought I would see the day when people could legally cultivate, sell and use marijuana for recreational purposes.
In 1970, Congress passed the Controlled Substances Act, classifying marijuana as a Schedule 1 drug, the same classification given to dangerous drugs like heroin and LSD. It was deemed to have no medical value. A year later President Nixon declared the infamous and decades long “war on drugs,” stating that drug abuse was “public enemy number one.”
Things began to noticeably change in 1996 when California voters approved Proposition 215, the first legislation legalizing marijuana for medical purposes.
Still in 2012 when a Colorado ballot measure was proposed to treat marijuana like alcohol and make it legal for recreational adult use, most statewide elected officials opposed Amendment 64. Even when polling prior to the election finally rose above 50 percent, the thought of Colorado becoming the first state in the country to legalize recreational marijuana seemed inconceivable. When it did pass with 55 percent of the vote, many thought the sky was falling.
Gov.-elect Jared Polis was not one of them.
He was one of only a few elected officials to publicly support Amendment 64 and he has continued to champion progressive marijuana policies ever since.
Polis leaves Congress this year as its leading member in advancing legalized marijuana efforts. He also served as the co-chair of the bipartisan Congressional Cannabis Caucus. Among other things, he authored the bipartisan Regulate Marijuana Like Alcohol Act to end the federal prohibition of marijuana, and worked with Republicans to pass an amendment which prevented the DEA from interfering with states’ medical marijuana laws.
As a candidate for governor, Polis didn’t hesitate to distance himself from some of Gov. John Hickenlooper’s marijuana policies. After Hickenlooper vetoed three pieces of bipartisan marijuana legislation, Polis criticized the governor, arguing the legislation would have helped Colorado families and businesses.
When the legislature reconvenes next month, you can bank on the fact that all three of these bills will become law.
The first bill will allow children with autism spectrum disorder to obtain medical marijuana treatment. The list of qualifying conditions currently includes cancer, glaucoma, posters traumatic stress disorder and other debilitating diseases. Only six legislators out of 100 voted against this bill. The legislature is also likely to look at what other conditions may qualify as well as look to foster research for medical marijuana.
Colorado law prohibits marijuana consumption in public spaces. However, House Bill 1258 would have allowed adults to consume small amounts of marijuana through edibles or by vaping at licensed marijuana “tasting rooms.” The bill would have limited tasting rooms — think wine tasting — to current recreational marijuana retailers and would not allow customers to share or bring their own marijuana into the consumption area. Only 20 legislators voted “no.”
Finally, House Bill 1011 would have allowed publicly traded companies to hold marijuana licenses. In addition, it would have allowed for increased capital infusions into the industry.this time 30 legislators said “no.” Next year’s bill is likely to be more expansive.
Some controversial bills never got to Hickenlooper because Republicans killed them in the Senate, but with Democrats firmly in control of both chambers, bills have a much better chance of getting to the first floor of the Capitol.
Polis will likely see legislation to establish a marijuana social consumption club license — a step beyond tasting rooms. He could see marijuana home delivery. Legislators could also attempt to create a state bank for marijuana businesses. All three of those measures have their challenges and lawmakers would be wise to allow local jurisdictions to have control and support pilot programs with sunset dates.
But perhaps most critically for the industry, Polis can play a national role on marijuana policy. At the upcoming National Governor’s Association meeting in February, Polis should work with his fellow governors to lobby the Trump administration and Congress to pass the States Act giving the power to states to address commercial cannabis.
He should also fight for tax relief for marijuana businesses. Many have an effective taxable rate as high as 70 percent.
As we capitalize on our successes and the industry continues to innovate, we will likely see things that we can’t even imagine today.