Existing Colorado law classifies possession of one ounce or less of marijuana as a Class 2 petty offense punishable by a fine of $100.

If passed, Amendment 44 would decriminalize possession of one ounce or less by adults 21 years of age and over by removing any fine or penalty; although, it would have no effect on the cultivation, transfer, or sale of marijuana.

Supporters argue that the War on Drugs has failed, resulting in the empowerment of organized crime, and that a new more effective policy is needed.

It is argued that legalizing small amounts of marijuana would free law enforcement resources to deal with more serious offenses.

[9] Some employees of the Drug Enforcement Administration were reported to have been financing opposition to Amendment 44, a move which generated significant controversy.