It seems fairly safe to say that Amendment 64 will pass in Colorado. With a significant number of votes in, the measure stands at 52% in favor and 47% opposed. Though the exact margin will be finalized once all the votes are in, the margin seems large enough to call the election. Recreational use of marijuana will be legal, and regulated in Colorado. This is a good day for marijuana legalization advocates.
However, the battle is just beginning. Since Amendment 64 only affects Colorado, marijuana will remain illegal under federal drug prohibition. It is quite possible that the measure will face opposition from the federal government, much like medical marijuana has with continued DEA raids. In addition, the U.S. Justice Department could very well sue the state of Colorado. By virtue of being in the state constitution, Amendment 64 may hold up in federal court. Yet it will likely be a difficult fight.
For those of us who are opposed to the Drug War, this is a bright spot. But we have to remember that the fight isn’t over. Colorado voters will likely be far more friendly toward marijuana legalization than the federal government.