Personally I agree with BOTH filings!!:thumbsup:
"ENSHRINED" in the Constitution. Is a perfect way to describe it. As, being in the Constitution means it is the HIGHEST LAW, also referred to as THE LAW OF THE LAND!
ANY law which alters, or contradicts the Constitution is illegal UNDER the Constitution. According to the U.S. Constitution (The nationwide "Law of the land").
ALL local governments can regulate INSIDE the Constitutional restraints, but CAN NOT "legally" ignore them. The ONLY way to change what is said in the Constitution is to vote to CHANGE the Constitution!!:thumbsup:
As usual, Highpop has it all wrong. YES gambling IS in the Colorado Constitution. However the amendment ALSO says,.. Where, when, how large, and what KIND of gambling is allowed!! Therefore restricting if, or where Harra's can build IS part of the Constitution.
IF, WHERE or HOW a dispensary is regulated is NOT in the Constitution. So it CAN be regulated.
HOWEVER,.. The Doctor bans, Caregiver regulation, Patient Record keeping, Outright banning of certain growers, do to being of "questionable character", Forcing growers to pay out to "privately owned" security companies, Employing "Gestapo type" surveillance, forcing background checks looking for persons of "questionable character" and BANNING them from ever even WORKING in the industry, and BANNING home delivery are ALL not legal under the Constitution. Every one of these (and likely more) are specifically banned in Amendment 20's wording! Or Constitutional Employment rights!
Do you think when Alcohol prohibition ended, that people who made alcoholic beverages DURING prohibition were outright banned from ever being involved in the very business being legalized? :wtf: NO, because THAT would be UNCONSTITUTIONAL!!
The people who supported these bills, and passed them (without the people's vote). Knew before they passed the bills (because the crowds TOLD them), That WE "the people" were AGAINST it! THAT is why they have been SO defensive and "against" MMJ (other then their own mmj businesses of course)! They took the "Kids and users just want to get stoned" side immediately after passing the bill!! Acting as though it protected the kids! BECAUSE they KNEW in court it would likely NOT stand up against the State Constitution. By taking that stand, fighting the regulation was looked at (and deemed on the news) AS trying to get drugs to users and kids!
So, you CAN change it Highpop, all you have to do is CHANGE THE CONSTITUTIONAL AMENDMENT!! Unfortunately our Local, State and Federal "officials" love to regulate outside their legal power. Because WE never (or at least rarely ever) fight it. Most often WE don't even realize what they are doing!!
I use the term "WE" meaning the bulk of the U.S. people. As for myself (and a growing population) Politics IS my Football!!:thumbsup: I could not care less if ANY sports team wins OR looses. However I'll cheer on ANY politician who fights for my rights. I'll also FIGHT against any politician who LIES, or IGNORES the "law of the land". I REALLY hate the 90% which say one thing, and vote the other way!!
That's called Treason!!:cursing:
According to the U.S. Constitution, States are Countries joined under an END-ABLE agreement(hence the term "UNITED STATES"). Meaning if the Country as a whole goes against the State or it's ideals. The state can choose to leave the union all together. Giving States authority OVER the "Federal" government.
THIS Country was supposed to be ruled from the BOTTOM UP!! Not from an unruly Central Government!:beatdeadhorse:
So, WAY to go on the court filings!!:thumbsup: I'm ALWAYS for forcing the government to live by the same rules WE are supposed to live under! I was wondering how long it would take to get something going on this!!