Colorado did something different than other States, Colorado added Marijuana Legalization to its Constitution. Marijuana is not just “Regulated” in Colorado, it is a Right. Every Citizen of Colorado 21 and over, has a right to grow 6 plants per person over 21; according to the Colorado State Constitution.
(Bhang being distributed for the Holi Festival)
Colorado Marijuana Code
The Colorado Marijuana Code completely ignores Religion though, as it has not been brought up yet in this Context.
Colorado State Constitution
(a) IN THE INTEREST OF THE EFFICIENT USE OF LAW ENFORCEMENT RESOURCES, ENHANCING REVENUE FOR PUBLIC PURPOSES, AND INDIVIDUAL FREEDOM, THE PEOPLE OF THE STATE OF COLORADO FIND AND DECLARE THAT THE USE OF MARIJUANA SHOULD BE LEGAL FOR PERSONS TWENTY-ONE YEARS OF AGE OR OLDER AND TAXEDIN A MANNER SIMILAR TO ALCOHOL.
AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES,
(h) “MARIJUANA CULTIVATION FACILITY” MEANS AN ENTITY LICENSED TO CULTIVATE, PREPARE, AND PACKAGE MARIJUANA AND SELL MARIJUANA TO RETAIL MARIJUANA STORES, TO MARIJUANA PRODUCT MANUFACTURING FACILITIES, AND TO OTHER MARIJUANA CULTIVATION FACILITIES, BUT NOT TO CONSUMERS.
(i) “MARIJUANA ESTABLISHMENT” MEANS A MARIJUANA CULTIVATION FACILITY, A MARIJUANA TESTING FACILITY, A MARIJUANA PRODUCT MANUFACTURING FACILITY, OR A RETAIL MARIJUANA STORE.
(m) “MEDICAL MARIJUANA CENTER” MEANS AN ENTITY LICENSED BY A STATE AGENCY TO SELL MARIJUANA AND MARIJUANA PRODUCTS PURSUANT TO SECTION 14 OF THIS ARTICLE AND THE COLORADO MEDICAL MARIJUANA CODE.
Notice that is says that it should be Regulated like Alcohol, in accordance with the will of the people of Colorado, so here is the Colorado Alcohol Code’s rules about Religion.
Colorado Alcohol Code
ARTICLE 47, TITLE 12, C.R.S.
Part I- General Provisions
The provisions of this article shall not apply to the sale or distribution of sacramental wines sold and used for religious purposes.
And in the Federal Code right now, there is a Tax Exemption for Cider that is Produced and Sold without Bubbles and not called Wine. It can be found under USC Title 26, S 5042, (a), (1).
If Marijuana is going to be Regulated like Alcohol, then Sale, Distribution and Use of Religious Marijuana can not be taxed. And this is not even a stretch to say that Religion should not be taxed, that is simply the way it works. The case Walz v. Tax Comm’n of City of New York 397 U.S. 664 (1970), set the standard that has since then been followed.
And if we look at the Volstead Act, the Act of Congress which made Alcohol Prohibition (the 18th Amendment) an actual Enforced Law; the Volstead Act included Religious Exemptions for Alcohol use. You can not stop people from using their Sacraments, Celebrating their Festivals, and Consuming the Body of their Lords and Saviors.