May 22, 2018

Colorado Supreme Court: Manufacturing Marijuana Prohibited for Individuals Under Amendment 64

The Colorado Supreme Court issued its opinion in People v. Lente on Monday, June 19, 2017.

State Constitutional Law—Personal Use of Marijuana.

The supreme court held that the prohibition on processing or manufacturing  marijuana or marijuana concentrate under C.R.S. § 18-18-406(2)(a)(I) is not unconstitutional as applied to Austin Lente, who used butane to extract hash oil from marijuana. Although “processing . . . marijuana plants” is a protected personal activity under Colorado’s Amendment 64, “manufacturing . . . marijuana” is protected only as a facility-operation activity that requires a license. At the time Amendment 64 was  approved, Colorado law established that extracting hash oil was manufacturing, not processing, and the supreme court assumes Amendment 64 adopted that settled meaning. Because Lente was unlicensed, he could not manufacture hash oil under cover of the constitution. Accordingly, the court reversed the district court’s order that ruled the statute is unconstitutional as applied to Lente.

Summary provided courtesy of The Colorado Lawyer.

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