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midwestbluntman
11-16-2005, 03:54 PM
DENVER LEGALIZES MARIJUANA POSSESSION
by Christopher N. Osher, (Source:News Tribune)
Regional News


Colorado
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DENVER - Officials in Denver were looking to two West Coast cities for guidance after voters on Tuesday legalized possession of small amounts of marijuana.

Voters in Oakland, Calif., and Seattle earlier had approved similar initiatives that told police to make possession of small amounts of marijuana their lowest priority. Each city has responded differently.

In Seattle, the number of people prosecuted for pot possession has plummeted since that city's September 2003 initiative.

In 2003, Seattle prosecuted 178 people for possession of marijuana; in 2004, the prosecutions plunged to 59.

"I think someone, somewhere, someone along the chain of command got the message" in Seattle, said Andy Ko, director of the drug policy referendum project of the American Civil Liberties Union of Washington.

One outspoken opponent of the pro-marijuana initiative in Seattle, City Attorney Tom Carr, said his fears that marijuana usage would spike dramatically haven't materialized.

"We've had some silliness," he said. "One man was arrested for trying to sell brownies to a police officer, and someone wanted to host a smoke-in in a park, but for the most part, I haven't seen a drastic increase."

Arrests as usual in Oakland

Denver officials say the outcome will be more like Oakland, where police are ignoring a pro-marijuana measure voters approved last year. Oakland police continue to arrest people who use marijuana, say city officials and pro-marijuana proponents there.

Denver officials say the vast majority of drug prosecutions in Denver already are brought under state law, so police will continue to make arrests as usual.

The City Attorney's Office last year prosecuted 1,565 people last year under state law, which calls for a fine of not less than $100.

The city prosecuted 36 adults last year for marijuana possession under a separate city ordinance prohibiting marijuana use. That ordinance has a maximum penalty of up to a $1,000 fine and up to a year in jail, although milder penalties are the norm, said Assistant City Attorney David Broadwell.

Changing attitudes

Denver Mayor John Hickenlooper, meanwhile, said Tuesday's vote to legalize marijuana possession was a sign of the priorities of an increasingly young, educated population.

"It is indicative of the changing attitudes," he said, noting that because of its population, Denver might increasingly be on the "vanguard" of such issues.

The group Safer Alternative for Enjoyable Recreation, or SAFER, which pushed the Denver vote, says city officials will thwart the will of about 56,000 voters if they continue prosecutions.

"It's not whether they can do it, it's whether they will do it," said Mason Tvert, executive director of SAFER.

"Right now, there are city officials denying the will of voters who put them in office, and I think that's disturbing," he said.
MAP posted-by: Larry Seguin
Pubdate: Thu, 03 Nov 2005
Source: News Tribune, The (Tacoma, WA)
Copyright: 2005 Tacoma News Inc.
Contact: letters@thenewstribune.com
Website: http://www.thenewstribune.com/
Details: http://www.mapinc.org/media/442
Author: Christopher N. Osher
Cited: SAFER http://www.saferchoice.org
Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives)
Bookmark: http://www.mapinc.org/find?420 (Cannabis - Popular)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

midwestbluntman
11-16-2005, 03:59 PM
CITY MUST ENFORCE STATE POT LAW
(Source:Rocky Mountain News)
Regional News


Colorado
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Picking Among Statutes Not A Wise Option

The decision by Denver voters to legalize the possession of a small amount of marijuana is more symbolic than real: Only 36 adults were charged last year under the now-defunct city ordinance prohibiting possession.

Meanwhile, 1,565 were charged under the state law, which remains intact.

But Mason Tvert, the executive director of the group that put the initiative on the ballot, insists Denver authorities should respect voter wishes and stop charging anyone under the state law, too.

"Right now," he told one reporter, "there are city officials denying the will of voters who put them in office, and I think that's disturbing."

We understand Tvert's frustration, but the matter is not as simple as he makes it out to be. Yes, prosecution of even the state marijuana charges in Denver is left almost exclusively to city attorneys, who for such cases are deputized as special DAs. The regular district attorneys are too busy pursuing more serious crimes. In theory, the mayor could order Denver attorneys simply to stop pursuing such cases.

But it would be unwise for him to do so, for three reasons.

By far the most important reason is that cities can't - or at least shouldn't - pick and choose among state laws to enforce. Those statutes are supposed to apply equally to all citizens.

When states like Colorado passed laws legalizing the use of marijuana for medical purposes in defiance of federal law, they at least had constitutional arguments in their corner involving the commerce clause and federal regulatory reach. Denver has no similar arguments on which to base an intention to ignore state law.

Secondly, a pot charge is often a supplemental charge - an add-on to other charges such as trespass, public nuisance, etc. Law enforcement always likes to have as many arrows in its quiver as possible; if the perp gets off on one charge, perhaps he can be nailed with another.

Finally, the vote to legalize pot possession was so unexpected that Denver citizens never engaged in a serious debate about its consequences. Most of the pre-election controversy had to do with whether the campaign's billboards were fair.

Were Denver voters even aware they couldn't legalize pot, that a state law would remain in place? Does a majority even now really want their mayor to defy state authorities and declare he won't enforce Colorado law in the state capital?

We don't know the answer to those questions, and neither does Tvert and his group. The Denver anti-pot ordinance is dead. Long live the state statute.
MAP posted-by: Beth Wehrman
Pubdate: Mon, 07 Nov 2005
Source: Rocky Mountain News (Denver, CO)
Copyright: 2005, Denver Publishing Co.
Contact: letters@rockymountainnews.com
Website: http://www.rockymountainnews.com/
Details: http://www.mapinc.org/media/371
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/props.htm (Ballot Initiatives)

high2dsky
11-16-2005, 07:02 PM
tis tru. no matter what city it becums legal in the federal law will always be carried out diminishing the power of local law. THis Blows....:mad: