In September 2012, the campaign behind Colorado‘s Amendment 64 sued the state legislature after lawmakers cut key sentences from the arguments in favor of marijuana legalization in the “Blue Book,” the official voter guide mailed to about 1.9 million Colorado households. A Denver judge dismissed the suit on September 12, ruling that courts could not interfere in the legislative process, so the guide went out with the shortened pro-64 case. Voters passed the amendment anyway two months later.
What Happened
Every election year, the Colorado General Assembly’s Legislative Council publishes a ballot information booklet, known as the Blue Book, that summarizes each measure and lists major arguments for and against it. Staff write a draft, and the legislators on the Legislative Council can amend it before it is printed and mailed.
In early September 2012, during that review, lawmakers voted to strike language from the arguments in favor of Amendment 64. The deleted lines included the arguments that “marijuana may be less harmful than alcohol” and that “punishment for low-level, pot-related crimes is too severe,” KDVR reported. A motion to restore the words failed. Supporters said lawmakers had signaled they were trimming a few words but ended up removing much more.
After the cut, the pro-64 section ran 208 words and the section on possible harms ran 336. Campaign spokesman Brian Vicente told KDVR the anti-marijuana side got “75 percent more wording.” An attorney for the lawmakers answered, “I don’t think there’s any deception at all.”
The Lawsuit
On September 11, 2012, the Campaign to Regulate Marijuana Like Alcohol asked a Denver District Court judge to stop the Blue Book’s printing and either restore the sentences or order a new Legislative Council hearing, Reason reported. The state argued that separation of powers barred the courts from second-guessing the legislature’s own publication, a defense that had already won in a 2006 dispute over the Blue Book’s description of an earlier marijuana measure.
The next day, Denver District Judge Robert Hyatt dismissed the case. He ruled that he could not intervene in a legislative process, so the deleted arguments stayed out, the Associated Press reported.
Why It Mattered
The Blue Book is one of the few sources of neutral-looking information that reaches nearly every Colorado voter. The deleted sentence on alcohol was the heart of the campaign’s message: its name was the Campaign to Regulate Marijuana Like Alcohol, and its ads, including a radio spot by singer Melissa Etheridge, made the same comparison. Losing it in the official guide meant the campaign had to make that case through paid media instead.
What Happened Next
The trimmed guide did not decide the race. On November 6, 2012, Colorado voters approved Amendment 64 with about 55 percent of the vote, according to Ballotpedia, and Washington passed Initiative 502 the same night. The full story of that election is in Colorado and Washington Legalize Marijuana (2012), and the sales that followed are tracked in Colorado marijuana sales by year.
Where It Stands in 2026
Amendment 64 is now Article XVIII, Section 16 of the Colorado Constitution. Current possession limits, home-grow rules and where to buy are in our Colorado marijuana laws guide. The Blue Book is still mailed to voters every election year.
Colorado Blue Book Amendment 64 FAQ
What is the Colorado Blue Book?
The ballot information booklet published by the legislature’s Legislative Council and mailed to voters before each election, with summaries and arguments for and against each measure.
What was cut from the Amendment 64 Blue Book entry?
Arguments that marijuana may be less harmful than alcohol and that penalties for low-level marijuana crimes were too severe.
Did the court restore the deleted language?
No. Denver District Judge Robert Hyatt dismissed the campaign’s lawsuit on September 12, 2012, saying he could not intervene in a legislative process.
Did Amendment 64 still pass?
Yes, with about 55 percent of the vote on November 6, 2012.
Originally reported by The Weed Street Journal; rewritten and updated in October 2026 with what happened next.
