One of the issues that has not yet been debated at the Capitol this year, but likely will be under discussion later this session following the recommendations put forth by the Amendment 64 Implementation Task Force this spring, is this newly adopted constitutional measure that makes legal in Colorado the personal use, possession and limited home growing of marijuana for adults 21 years of age and older.

 

As you may recall, the Governor created the Task Force through Executive Order and charged the group with crafting recommendations around how best to address policy, legal and procedural issues involving implementation of this new constitutional provision.

 

I am representing the business community in this effort, with the goal of gaining clarity for you regarding employer and employee rights in this new frontier. Last week the work group charged with interpreting the amendment's language and intent as it relates to this issue supported a recommendation that states the following:

 

"The plain language of Amendment 64 Section 6(a) makes it clear that the intent of the voters was to maintain the status quo for employers and employees, and that employers may create new, or modify existing policies in response to the passage of the measure. The Amendment 64 Implementation Task Force recommends that employers should be encouraged to review current drug free workplace policies, including but not limited to hiring, sanctioning, termination and drug testing, in response to passage of the measure."

 

The rationale was based on the language of the amendment, but also the text around employment issues on the Web site of "Yes on 64," which stated the measure was not to interfere with an employer's ability to maintain or create new employment policies, nor to interfere with an employer's ability to prohibit off-site marijuana use. Additionally, the 2012 State Ballot Information Booklet, known as the "Blue Book," conveyed that Amendment 64 was not intended to affect an employer's ability to restrict the use or possession of marijuana by employees.

 

Tomorrow the full Task Force will take up this recommendation, and I will report back regarding its final action. I am hopeful the Task Force will accept our proposal because it provides clarity for you, as well as for current and future employees.

 

As you can imagine this is just one piece of the much larger group of issues the Task Force and workgroups are considering. Also under discussion are: the creation of a regulatory system; the cost to implement the measure and the appropriate level of fees; a discussion with Colorado voters around the rate of taxation to apply to the industry and how those dollars will be allocated; local government control, and criminal law considerations. Watch this space for future updates as more recommendations come before the Task Force.

 

Have a good week, and please don't hesitate to contact me at tamra@coloradoconcern.com if you have questions or concerns about this or any other issue.