Election Day has come and gone and, once again, numerous Colorado towns weighed in on marijuanapolicy. Most notably, four communities rejected bans on medical marijuana businesses (Steamboat Springs, Oak Creek, Routt County, and Palisade) and three areas endorsed bans (Fort Collins, Yampa, and Brush).

A number of communities (Breckenridge, Commerce City, and Palisade) voted to enact higher taxes on medical marijuana sales. Colorado has a rich history of tackling marijuana policy in the voting booth and most of these reform measures make their way to voters through the ballot initiative process. Ballot initiatives are a form of “direct democracy” where a group of citizens gather signatures to place a measure on a local or state ballot.

Jason Beinor – a street sweeper – was denied state unemployment benefits because he used medical marijuana outside of work pursuant to his doctor’s recommendation and the state’s constitution. Reviewing the decision, a split court of appeals held that Mr. Beinor had no general constitutional right to use medical marijuana.

Beinor v. Industrial Claim Appeals Office, P.3d (Colo. App. No. lOCA1685, August 18, 2011). The majority of the court concluded that a denial of unemployment benefits did not impermissibly infringe on his right to use this medicine because no unlimited constitutional right to use medical marijuana existed.

Starling Wickles vacation went south in Indiana. Her luggage was seized at the airport. Being a cancer patient and a medical marijuana cardholder in California, Ms. Wickles learned the hard way that medical marijuana was not legal in Indianapolis. Reportedly, no charges were filed, but she still lost her pipe and medicine.