RELIEF FOR POSSESSION OF CANNABIS ACT 2012

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Shall there be an amendment to the Colorado state constitution directing the judiciary branch of all governing bodies in the state of Colorado to prohibit their courts from imposing any fine or sentence for the possession of cannabis?

 


         RELIEF FOR POSSESSION OF CANNABIS ACT 2012

Be it enacted by the people of Colorado 
 
Article XVIII of the constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read:
 
Section 16. Relief for the possession of cannabis. 
 
(1) Purpose and findings. 
 
(a) THE PURPOSE OF THIS SECTION IS TO DIRECT THE JUDICIARY BRANCH OF 
ALL GOVERNING BODIES IN THE STATE OF COLORADO TO PROHIBIT AND 
RELIEVE THEIR COURTS FROM IMPOSING ANY FINE OR SENTENCE FOR THE 
POSSESSION OF CANNABIS. 
 
(b) IT IS IN THE INTEREST OF THE PEOPLE OF THE STATE OF COLORADO THAT 
THE COURTS BE PROHIBITED AND RELIEVED FROM IMPOSING A FINE OR 
SENTENCE FOR THE POSSESSION OF CANNABIS BECAUSE THE PEOPLE FIND 
THAT THE PUNISHMENT FOR POSSESSION OF CANNABIS EXCEEDS THE FISCAL AND SOCIAL COSTS THAT POSSESSING CANNABIS IMPOSES ON THE PEOPLE OF COLORADO. 
 
(c) IT IS IN THE INTEREST OF THE PEOPLE OF THE STATE OF COLORADO THAT 
THE COURTS BE PROHIBITED AND RELIEVED FROM IMPOSING A FINE OR 
SENTENCE FOR THE POSSESSION OF CANNABIS BECAUSE THE PEOPLE FIND 
THAT THE PUNISHMENT IS INCONSISTENT WITH THE DAMAGE POSSESSING 
CANNABIS IMPOSES ON THE PEOPLE OF COLORADO. 
 
(d) THE PEOPLE OF THE STATE OF COLORADO FURTHER FIND AND DECLARE 
THAT IT IS NECESSARY TO ENSURE CONSISTENCY AND FAIRNESS IN THE 
APPLICATION OF THIS SECTION THROUGHOUT THE STATE, AND THAT , 
THEREFORE, THE MATTERS ADDRESSED BY THIS SECTION ARE DECLARED TO BE MATTERS OF STATEWIDE CONCERN. 
 
(2) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE 
REQUIRES: 
  
(a) “CANNABIS” MEANS      
(I) THE GENUS OF THE CANNABIS PLANT AND ALL ITS SPECIES, LIVING OR DEAD, 
(II) AND IN ANY AMOUNT. 
 
(b) “COURTS” MEAN ALL TRIBUNALS ESTABLISHED FOR THE PURPOSE OF 
ADMINISTERING JUSTICE, INCLUDING ANY JUDICIAL OFFICERS OR “OTHER 
COURTS” ESTABLISHED BY THE GENERAL ASSEMBLY OF COLORADO AND ALL 
MUNICIPAL AND POLICE COURTS ESTABLISHED BY HOME RULE CITIES AND 
TOWNS. 
     
“POSSESSION OF CANNABIS” MEANS HAVING CANNABIS:
(I) IN OR ON ONE’S BODY OR CLOTHING OR;
 (II) WITHIN ONE’S BUILDING THAT A PERSON OWNS OR;
 (III) WITHIN ONE’S AUTO.
 
d) “RELIEVE” MEANS ALLEVIATE. 
 
(3) Other laws unchanged. 
 
        NOTHING IN THIS ACT SHALL BE CONSTRUED TO MODIFY ANY PROVISION 
OF THIS ARTICLE OR ANY OTHER CONSTITUTIONAL OR STATUTORY PROVISION 
CONCERNING CANNABIS. 
 
(4) Costs of implementing this section. 
 
        THIS SECTION ADDS NO FISCAL COSTS TO THE STATE AND IMPOSES NO 
TAX UPON THE PEOPLE OF THE STATE. 
 
(5) Self-executing, conflicting provisions. 
 
        THIS SECTION IS SELF-EXECUTING AND SHALL SUPERCEDE ANY 
CONFLICTING STATE, LOCAL, OR MUNICIPAL STATUTES, CODES, ORDINANCES, 
OR PROVISIONS. 
 
(6) Effective date. 
 
        THIS SECTION SHALL BECOME EFFECTIVE UPON OFFICIAL DECLARATION 
OF THE VOTE HEREON BY PROCLAMATION OF THE GOVERNOR, PURSUANT TO 
SECTION 1(4) OF ARTICLE V OF THIS CONSTITUTION AND SHALL BE APPLIED TO  
ANYONE WHO HAS A SENTENCING HEARING ON OR AFTER SUCH DATE. 
 
______________________________________________________________________________ 
 
 
Proponent #1: 
 
Michelle Louise LaMay 
 
1370 Columbine St., Apt. 3 
 
Denver, Colorado 80206 
 
303-886-7998
 
 
Proponent #2: 
 
William A. Chengelis
 
1955 Arapahoe St. #600
 
Denver, Colorado  80202-1388 
 
720-628-2639 
 

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