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Smurfing: how the US war on drugs makes criminals of tourists

THE USA’s attitude to marijuana is mixed. Brannon P. Denning, Samford University – Cumberland School of Law, considers the problem of one American’s rights being another man’s crime in a paper called:  One Toke Over the (State) Line: Constitutional Restrictions on State ‘Pot Tourism’ Restrictions:

Among the myriad legal issues confronting states like Colorado that are experimenting with the legalization of marijuana is the need to regulate “pot tourism” by persons from other states where marijuana is not legal. In Colorado, the final recommendations from the Amendment 64 Implementation Task Force included a proposal, “to limit purchases by state residents to an ounce at a time and to a quarter of an ounce for out-of-state visitors.” The lower restrictions for nonresidents are designed to deter pot tourists from “smurfing” — visiting a number of different dispensaries to accumulate larger amounts of marijuana with a view to illegally reselling the pot. Colorado’s legislature adopted the Task Force’s recommendation in House Bill 1317, recently signed into law by Colorado’s governor, which established the regulatory framework for the legal sale of marijuana. Among its provisions is a quarter-ounce purchase limit for nonresidents.

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Posted: 11th, June 2013 | In: Reviews | Comment