. >> reporter: wanda james stopped selling the pot-infused products because of regulations but with ain she says she would be back in business. >> the minute i know that amendment 64 passed and fighting for that, we'll bring it back. >> reporter: attorney general john suters is against the amendment pointing to the state's medicinal marijuana program as exhibit a. >> we have a sham. >> reporter: even if the initiative passes here, or in oregon and washington state, which have similar votes upcoming, there's still one problem. pot remains illegal under federal law. >> it is not helped by legalizing it on a state level while it's illegal on a federal level. this needs to be addressed on a federal level. >> reporter: speaking of federal, the pot vote could go to libertarian cannot date gary johnson. and away from president obama who carried colorado in 2008. wanda james still supports the president but isn't shy about what could happen. >> obama will lose colorado if he does not find a way to fix this issue. >> reporter: pass or fail, amendment 64 won't end the pot politics in colorado.

wanda james still sports the president, but is not shy about what could happen. >> he will lose californiaf he doesn't find a way to fix this issue. >> pass or fail, amendment 64 will not end the pot politics in colorado. >> if it passes one of these states, it could be even messier. there's a lot of talk about the health care debate, federal powers going at it, and it could end up in the supreme court. >> one argument made in defense is an economic one. a boost in revenue from taxes. lower cost and fighting the war on drugs and a solution to the nation's energy problems. dough is the author of a new book called "too high to fail." and kevin sabbet says those arguments are up in smoke. doug, why do you believe the war on drugs is a waste and what economic benefits could come from legalized marijuana. >> most americans know after 40 years and $1 trillion it has very little effect. they paid $100 million in sales tax revenues last year. and what i followed in the book raised $600,000 dollars. created many jobs. the end of the drug war will be good for america. >> kevin, you worked on drug po

. >> reporter: wanda james owns simply pure and recently shut down because wells fargo pulled her bankount. >> it is impossible for entrepreneurs or business people to run an effective, real business without the ability of a bank. >> reporter: wells fargo tells cnbc in view of the complex, inconsistent legal environment relating to marijuana dispensaries wells fargo has opted not to bank these businesses. while legal in some states they're still illegal under federal law. a congressman is hoping to change this through legislation. >> but the bill basically provides legal assurances so banks wouldn't face liability by offering some services, banking services to businesses that are legal under state law that are acting on medical marijuana industry. >> reporter: despite support of him and others, businesses in colorado are not waiting for washington. without traditional banking, and even credit cards can be a problem, they get creative using payment technologies like square, cashless atms or the greenback. even still, it's far from a level playing field. >> you have to be able to have so