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November 6, 2012

If final polls are accurate, marijuana will soon be legal in Colorado (according to state law)

As reported in this TPM posting, two new polls from Colorado both showed majority support for the state's marijuana legalization ballot initiative:

A ballot measure to legalize marijuana in Colorado is seeing consistent support according to a pair of polls released Monday.  The first poll, from Democratic-leaning Public Policy Polling, showed support for Amendment 64 at 52 percent and opposition at 44 percent -- a gap two points smaller than PPP's previous poll from late October.  A SurveyUSA poll showed support at 50 percent and opposition at 44 percent, the first time support has reached the 50 percent mark in that firm's polling since mid-September....

PPP's poll, conducted from Nov. 3-4, surveyed 1,096 likely Colorado voters through automated telephone interviews and had a margin error of 3.0 percent.  SurveyUSA's poll, conducted on Oct. 28, surveyed 695 likely voters via landlines and cell phones and had a margin of error of 3.8 percent.

UPDATE: Commentors have rightly noted that pot will be legal only under state law and will still be illegal under federal law no matter what Colorado voters do. I have added to my post title to be more accurate.

November 6, 2012 at 12:00 AM | Permalink


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"If final polls are accurate, marijuana will soon be legal in Colorado"

Um no, unless there was an amendment to Article VI that I haven't heard about.

Posted by: federalist | Nov 6, 2012 12:41:50 AM

"If final polls are accurate, marijuana will soon be legal *under* Colorado *law*" would have been more accurate.

Federalist, isn't enforcement of criminal law a traditional area of state law that, as a policy matter, federalists tend to prefer to leave to the states?

I agree that the federal law will still be the supreme law of the land, regardless of the outcome of Colorado's election.

Posted by: john | Nov 6, 2012 1:58:13 PM

f. didn't cite an ideal but a reality -- federal prohibitions will still be on the books. It won't be "legal" in that respect. Anyways, it depends on what type of "criminal law" that is at issue. There are certain areas there that even federalists (well, the new kind ... the old kind were nationalists) would agree is appropriate, such as criminalization of sending the stuff thru the mails.

Posted by: Joe | Nov 6, 2012 4:48:19 PM

Guys, I was just busting chops.

Joe, you are tedious. Note that the post says that marijuana could be legal in Colorado. There's no issue as to what type of criminal law is at issue--as federal law applies in colorado.

Posted by: federalist | Nov 6, 2012 6:48:13 PM

The busting chops must include disparaging my post even when I agree with you and skipping over that I discussed different kinds of criminal law since John raised the point that federalists as a matter of policy think that should be a state issue. federalist finds not disparaging my posts a violation of his blog duty. :)

Posted by: Joe | Nov 6, 2012 11:17:16 PM

An Assistant Federal AG indicated on 60 Minutes that they do not want to prosecute people obeying state laws and regulations. They do not want people to buy massive amounts of marijuana and selling them in states where it is still illegal. They do not want a takeover of the marijuana business by organized crime.

These are reasonable policies.

Posted by: Supremacy Claus | Nov 6, 2012 11:28:54 PM

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