On November 6th initiatives in Colorado and Washington State were approved that effectively legalized marijuana for recreational use. This marks a historic point in time making Washington State and Colorado the earliest states to legalize marijuana.
The initiatives outline new laws and regulations that will decriminalize possessing small quantities of marijuana by people over the age of 21. In addition to decriminalizing possession the initiatives will open a new industry for growing, packaging and providing marijuana.
Under the new law in Washington State there will be a 25% sales tax on marijuana. Forty percent of the new revenue is going to state and local budgets. This 25% tax rate is going to be imposed on marijuana products three times. Marijuana will be taxed when the grower sells to the processor, when the processor sells to the retailer and once the retail outlet sells to the end user. The tax on marijuana product sales promises to be an excellent source of much needed revenue for the state
Even though the initiatives have passed at state level, marijuana remains unlawful under federal law. Marijuana remains classified as a controlled substance under the Controlled Substances Act of 1970. In a written statement, the Department of Justice has made it apparent that "enforcement of the Controlled Substances Act remains unchanged".
The divergence of these fresh state laws from federal laws is likely to make for lawsuits in the near future. It is possible the federal government might sue Washington and Colorado for being in violation of federal law. The Department of Justice is presently examining the new state laws as well as comparable initiatives across the country.
Problems abound for retailers, growers, consumers as well as businesses that have long had zero tolerance policies regarding marijuana use. It is probable that there is going to be hot debate associated with employers penalizing or ending the employment of people who test positive for marijuana.
Even though this is a milestone for change in both Washington and Colorado it is obvious that it is only the beginning. It is likely to take a year or more for all of the unique rules and specifics to be written and approved by local officials. In the meantime, marijuana proponents in both states will be hoping that the federal government recognizes the choice of the voters enabling each state to translate the new laws into profitable and economically viable new endeavors.
Until the feds announce how they will approach these new state laws, it is a waiting game.
The initiatives outline new laws and regulations that will decriminalize possessing small quantities of marijuana by people over the age of 21. In addition to decriminalizing possession the initiatives will open a new industry for growing, packaging and providing marijuana.
Under the new law in Washington State there will be a 25% sales tax on marijuana. Forty percent of the new revenue is going to state and local budgets. This 25% tax rate is going to be imposed on marijuana products three times. Marijuana will be taxed when the grower sells to the processor, when the processor sells to the retailer and once the retail outlet sells to the end user. The tax on marijuana product sales promises to be an excellent source of much needed revenue for the state
Even though the initiatives have passed at state level, marijuana remains unlawful under federal law. Marijuana remains classified as a controlled substance under the Controlled Substances Act of 1970. In a written statement, the Department of Justice has made it apparent that "enforcement of the Controlled Substances Act remains unchanged".
The divergence of these fresh state laws from federal laws is likely to make for lawsuits in the near future. It is possible the federal government might sue Washington and Colorado for being in violation of federal law. The Department of Justice is presently examining the new state laws as well as comparable initiatives across the country.
Problems abound for retailers, growers, consumers as well as businesses that have long had zero tolerance policies regarding marijuana use. It is probable that there is going to be hot debate associated with employers penalizing or ending the employment of people who test positive for marijuana.
Even though this is a milestone for change in both Washington and Colorado it is obvious that it is only the beginning. It is likely to take a year or more for all of the unique rules and specifics to be written and approved by local officials. In the meantime, marijuana proponents in both states will be hoping that the federal government recognizes the choice of the voters enabling each state to translate the new laws into profitable and economically viable new endeavors.
Until the feds announce how they will approach these new state laws, it is a waiting game.
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