Amy Lathen

Amendment 64, which Colorado voters approved in November, decriminalizes the consumption and possession of less than an ounce of marijuana by adults ages 21 and up.

The amendment states that the first $40 million annually from a new excise tax on marijuana sales would be devoted to education capital construction. But the excise tax must be approved by the voters, and it takes a two-thirds majority of the Legislature to get such a measure onto the ballot. That means that the $40 million may never be realized if voters turn down the tax question next year, according to statehouse reporter John Schroyer.

During Tuesday’s Board of County Commissioner’s meeting, Chairwoman Amy Lathen said a “huge portion” of the campaign in support of Amendment 64 was “just a complete lie” to voters.

“I have no problem in saying that,” she said. “Telling people that we’re going to get have these great taxes for schools when it takes another very arduous process to do so, I think, is deceptive. There’s no question that that was deceptive in the campaign.”

The City Attorney’s Office gave the City Council an update Monday on Amendment 64, which legalized small amounts of marijuana in Colorado.

By coincidence, the presentation happened the same day that Gov. John Hickenlooper declared the voter-approved change part of the state constitution.

At City Hall, Kyle Sauer, an attorney in the corporate division, gave the council a presentation with a lot of information.

Among the facts: Amendment 64 allows individuals to grow up to six marijuana plants in an enclosed, non-public, locked space.

But the amendment raises other questions, including what happens in a group living situation, Sauer said.

“The example that came up as well in a college town like we have here: You have a lot of people living under the same roof. A fraternity house that has 50 people living in it. Can they have 300 plants in their house? These are things that are up in the air.”