The Consequences of Marijuana Legalization in

Colorado
HLTH 1050 - Roberts - Hannah Nadeau 8/8/2014



In 2012, the citizens of Colorado voted to legalize marijuana for recreational use. Since
then, there have been numerous interesting consequences. Most of these consequences seem to
indicate that legalized marijuana has caused some unique new problems. Admittedly, marijuana
is not the most dangerous drug known to mankind, but legalization is something that has not
been done properly by the state of Colorado. This is evidenced by Colorados failure to
implement clear THC potency regulations, the lack of adequate DUI standards, and significant
drug enforcement problems in surrounding states. Regulation in general has also created a unique
gray market. Additionally, there is a critical legal issue to consider, since Colorados
legalization is in direct opposition to federal law.
Before delving into the negative consequences of marijuana legalization in Colorado, it
is important to understand and respond to some recent claims about the benefits legalization has
brought to Colorado. Many people have claimed that if marijuana is taxed, the taxes can be put
towards important things like education and road improvement. There is no point in spending
much time on this issue, because it is actually quite a logical point. If you tax anything, you can
use the taxes for positive things. However, that does not reduce the negative effects of
something.
Recently, it has been pointed out that despite the concerns about an increase in DUIs due
to marijuana legalization, Colorado has actually seen fewer traffic fatalities since legalization
(Balko, 2014). However, it is important to remember that traffic fatalities are not directly tied to
marijuana use. Furthermore, traffic fatalities are just that: fatalities. Improved safety features on
newer automobiles can reduce the chance of an accident being fatal, thereby decreasing the
overall fatality rate while the actual accident rate remains the same. The important issue to
consider is whether or not the driver at fault for the accident was DUI with marijuana in their
system. This will be further addressed later in this essay.
Studies have recently indicated that marijuana use has declined among Colorado teens
while nationally, marijuana use has increased (Nelson, 2014). While legalization may certainly
have lead to this interesting trend, there are still significant problems with the way that Colorado
has actually gone through the process of legalization. The benefits that legalization appears to
have had are dampened by the regulation failures.
Two interesting events have brought to light the importance of regulating THC content in
marijuana products. One involved a college student who jumped to his death after eating a
cookie containing marijuana (Nicholson, 2014). The other involved a man who shot his wife in
the head after consuming marijuana edibles (Bolton, 2014). In both cases, the individuals ate far
more than the recommended dose of THC, which is currently 10 mg. Furthermore, the products
were sold in packages containing more than 10 mg of THC.
One might argue that alcohol can be sold with high alcohol percentages; how is that
different? Alcohol tends to lead to blackouts once a certain amount has been consumed.
However, marijuana tends to lead to hallucinations and other strange experiences, which is likely
what caused these two individuals to act the way they did. It would be very difficult to
implement a way to manage THC content in edibles or marijuana buds, but preventing an
individual from purchasing more than 10 mg total of marijuana in one day may be the first step.
Although Colorados traffic fatalities have decreased recently, there is still a lingering
problem with establishing a just and safe method to determine whether someone is under the
influence of marijuana while driving. Currently, Colorado considers someone to be DUI when
they have five or more nanograms of THC per milliliter of blood (Sullum, 2014). However,
because of the residual presence of marijuana, it is difficult to determine whether that person is
actually impaired because of that level of intoxication.
Furthermore, the primary effects of marijuana are typically only felt immediately after
consuming it. Essentially, someone can get high, wait an hour or two until they no longer feel the
effects, and then drive. They would be considered to be driving under the influence under
Colorado state law, but they would not be feeling the effects of the marijuana high. This also
raises an additional question: when do the effects of marijuana truly end? Unlike alcohol, where
an individual is intoxicated or under the influence for as long as the alcohol remains at a certain
concentration in their bloodstream, marijuanas influence depends on how long ago the person
consumed it, regardless of the current content in their system. So far, there is no adequate way to
determine whether or not a person is truly under the influence at any given point.
The next issue to consider is the effect legalization has had on neighboring states. Kansas,
Nebraska, and Wyoming have all seen an increase in marijuana related offenses because people
will travel to Colorado and bring marijuana back with them (Fisher, 2014). A sheriff in Nebraska
has used up his entire overtime budget and has increased jail spending while attempting to deal
with the new overflow of marijuana into his state.
Admittedly, neighboring states could simply turn a blind eye, or even legalize marijuana
as well. However, because of the demographics of most of Colorados neighbors, they are
unlikely to do either. Furthermore, they should not be obligated to stop enforcing a completely
legitimate law just because they are overrun. This also brings the discussion back to the DUI
issue. Many people driving back with marijuana from Colorado are likely to have consumed
some of their recent purchase, and there is currently no way to accurately determine what is an
active DUI and what is residual marijuana based on blood tests.
Another interesting consequence of legalizing marijuana is the creation of a gray
market. Because the money that can be made from marijuana is substantial, people have found
ways to try to subvert the system and have even blatantly violated regulations that are in place.
USA Today says it best in their recent article from early August, The gold rush of legalized
marijuana in Colorado and Washington is creating a confusing market of goods and services,
from illegal Craigslist pot deliveries to a marijuana vending machine and a food truck selling
pot-infused sandwiches (2014). It is logical to assume that even if regulations were tightened,
strange gray market and even outright black markets would thrive. For example, if THC
content was further regulated, a black market would likely develop for higher content THC
products.
The final, and most important issue regarding Colorados legalization of marijuana is an
immense legal one. By legalizing marijuana, Colorado acted in direct violation of United States
law. Although the federal government has essentially turned a blind eye to this, it is a significant
issue. The US Constitution declares in the Supremacy Clause that federal law is the supreme law
of the land. To fully examine the impact of this, it is important to include the following text from
the US Constitution:
This Constitution, and the Laws of the United States which shall be made in pursuance
thereof; and all treaties made, or which shall be made, under the authority of the United
States, shall be the supreme law of the land; and the judges in every state shall be bound
thereby, anything in the constitution or laws of any state to the contrary notwithstanding
(U.S. Const. Article Six, Clause 2).
Additionally, case law (Dow Chemical Co. v. Exxon Corp., 139 F.3d 1470 (Fed Cir 1998)
set precedent to determine that it is indeed a violation of the supremacy clause to pass a state law
that is in violation of a federal statute. The concise ruling of that case reads, A state statute is
void to the extent that it actually conflicts with a valid Federal statute. Because the current
federal drug laws are indeed valid, technically the federal government can legally consider
Colorados marijuana laws to be in direct violation of the Supremacy Clause. Although they
have not actually made that official ruling at this point, the federal government technically could
at any time, and it remains illegal to use marijuana on any federal land within the state of
Colorado.
Although the regulation issues with marijuana legalization could potentially be fixed,
marijuana legalization is currently not being managed very effectively. Even if marijuana
regulations were tightened, a gray and black markets would be even further developed than they
are now, making marijuana legalization practically pointless. Most importantly, when an
individual state legalizes marijuana or any other drug while it is illegal federally, they are
violatingand enabling citizens to violate federal law (and ultimately the US Constitution).
While none of these issues are drastic or worth getting into a panic about, they are
incredibly important issues to consider, especially as more states begin to ponder the possibilities
of legalizing marijuana in the future. In the end, while Colorado has not seen extreme increases
in traffic fatalities or crime, or substantial increases in young people smoking marijuana, they
certainly have some important social and legal issues to address before legalization can even be
thought of as successful.

Works Cited
Balko, R. (2014, 8 5). Since marijuana legalization, highway fatalities in Colorado are at near-
historic lows. Retrieved 8 8, 2014, from Washington Post Web:
http://www.washingtonpost.com/news/the-watch/wp/2014/08/05/since-marijuana-legalization-
highway-fatalities-in-colorado-are-at-near-historic-lows/

Bolton, A. (2014, 4 18). Man took pain meds, pot before shooting wife, police say. Retrieved 8 8,
2014, from USA Today Web: http://www.usatoday.com/story/news/nation/2014/04/18/woman-
shot-911-pot/7859749/

Fisher, M. (2014, 7 26). At Colorados borders, a dividing line over marijuana. Retrieved 8 8,
2014, from Washington Post: http://www.washingtonpost.com/politics/at-colorados-borders-a-
dividing-line-over-marijuana/2014/07/26/729c6462-06ac-11e4-bbf1-cc51275e7f8f_story.html

Hughs, T. (2014, 8 3). Green gold rush creating gray marijuana market. Retrieved 8 3, 2014,
from USA Today: http://www.usatoday.com/story/news/nation/2014/08/03/green-gold-rush-for-
marijuana-businesses/12836395/

Nelson, S. (2014, 8 7). Pot Use Among Colorado Teens Appears to Drop After Legalization.
Retrieved 8 8, 2014, from US News Web: http://www.usnews.com/news/articles/2014/08/07/pot-
use-among-colorado-teens-appears-to-drop-after-legalization

Nicholson, K. (2014, 4 17). Man who plunged from Denver balcony ate 6x recommended amount
of pot cookie. Retrieved 8 8, 2014, from Denver Post Web:
http://www.denverpost.com/news/ci_25585976/man-who-plunged-from-denver-balcony-ate-

Sullum, J. (2014, 8 7). Hearing On Stoned Driving Undermines Pot Prohibitionists' Scary
Prophecies. Retrieved 8 8, 2014, from Forbes Web:
http://www.forbes.com/sites/jacobsullum/2014/08/07/hearing-on-stoned-driving-shows-pot-
prohibitionists-scary-prophecies-have-little-basis/

"Supremacy Clause." West's Encyclopedia of American Law. 2005. Retrieved August 09, 2014
from Encyclopedia.com:http://www.encyclopedia.com/doc/1G2-3437704259.html