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Colorado passed a tobacco tax under Amendment 35 in 2004, with more than 61 percent of voters supporting the hike.

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The damages to Defendant, financially, would be in the millions of dollars, the judge wrote, but more importantly the damage to Defendants as measured by impact on society would be incalculable given that a delay would undercut the intended effect of the legislation: the reduction in the number of smokers in Colorado, and the prevention of young people from ever starting. During oral arguments before the Court of Appeals panel, Smiths lawyer maintained that sooner or later Section 10 would be invalidated as unconstitutional

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