The big differences are:
Unlike Washington State, Colorado seems to have found a way to work with their medical cannabis market. We’ll get into that in future posts.
But the main difference is not that. A recent email uncovered in a public records request to the Department of Revenue reveals the secret:
“Interesting though that no one corrected the email to say that Colorado voters passed a constitutional amendment…not an initiative. I think the Colorado Department of Revenue will have an easier time implementing their law than the LCB will because the CO legislature gets to actually pass laws to uphold their constitution rather than just pass interpretive rules like LCB has to do. Huge difference if it ever gets challenged on either state or federal grounds. As much as we like to think we are in the same position as CO, we are not.”
There you have it. Hey Washington State…time to put it in our state constitution. Remove it from the controlled substances act while you are at it!