SAFER has been trying to make a case of what should be done in Denver, and the response has often taken the form of saying that it 'can't' be done. Apparently not every jurisdiction agrees.
Missoula County attorney to police: Halt misdemeanor arrests for pot
By TRISTAN SCOTT of the Missoulian
Nearly a year after voters made the Garden City a little greener by asking county law enforcement to ignore adult marijuana offenses, Missoula's top prosecutor has adopted an official policy to uphold the referendum.
"In the interest of compliance with the 2006 voter initiative on marijuana ... we are asking law enforcement officers to stop arresting individuals or writing and submitting tickets (with mandatory appearance dates) where the offense committed is solely possession of marijuana in misdemeanor amounts or possession of drug paraphernalia intended for use of marijuana," according to a draft of the policy by Missoula County Attorney Fred Van Valkenburg, an outspoken opponent of the measure.
Van Valkenburg's policy also instructs deputy prosecutors to charge misdemeanor marijuana cases on a lowest-priority basis when marijuana is the sole offense
"We will treat them as uncharged cases that will be assigned to a prosecutor and charged on a lowest priority basis," according to the policy. "If charged, we will seek issuance of a summons with the complaint."
The group that made Denver the first U.S. city to remove all legal penalties for simple adult marijuana possession is encouraging NFL superstar Ricky Williams, who has been repeatedly penalized by the league for his marijuana use, to come to the Mile High City and join the Denver Broncos.
Williams filed for NFL reinstatement yesterday after serving an 18-month suspension. He is now awaiting approval from the league and seeking a team to join for the remainder of the season.
Denver-based nonprofit Safer Alternative For Enjoyable Recreation (SAFER) has put up a billboard directly across the street from Invesco Field at Mile High that reads, "Ricky, come to Denver... Where the people support your SAFER choice." It includes an image of a football player with dreadlocks in a Broncos uniform with "Williams" and "34" on the back. The group will be holding a press conference at the billboard site (1845 Federal Blvd., Denver) on Wednesday, Oct. 3, at 12 p.m. (noon).
Please join the SAFER Voter Education Fund and the Marijuana Policy Project's Rob Kampia for a Happy-Hour Fundraiser to kick off the campaign for Initiated Question 100.
Don't miss the debate in the comments including Mason's response -johne
SAFER amazes me because they manage to take a cause I fundamentally support -- ending the "war on drugs" stupidity as it relates to marijuana -- and package their campaign in a way that makes me roll my eyes and wonder how anyone can take them seriously. An e-mail landed in my in-box the other day from SAFER, criticizing the Denver City Council for working with Coors Brewing Company, which SAFER claims promotes a "more dangerous drug" at "city-operated venues frequented by children."
What's up with the "won't someone please think of the children" argument? Apparently, it's to attack as hypocrites members of the Denver City Council who oppose SAFER's ballot initiative to make marijuana prosecution officially the lowest priority of Denver law enforcement, on the ground that the initiative sends the wrong message to children.
The problem is that arguments based on labeling your opponents as hypocrites almost never do much to promote the merits of the position you are advancing. In this case, one could avoid being a hypocrite by opposing both the City's relationship with Coors Brewing and the SAFER initiative.
Besides, rumor has it that Mason Tvert serves beer at parties. Would that make him a hypocrite? Maybe, but the point is that there is nothing wrong with serving beer at parties if people enjoy it in moderation. However, the SAFER message seems to be that if you are going to act with a complete lack of self-control, you are better off using marijuana than alcohol. In my opinion, it would be much more persuasive for the legalization advocates to argue that marijuana, like beer, can be enjoyed responsibly in moderation.
Without presenting any evidence or demonstrating any public support, the Lafayette (CO) City Council has given initial approval to a new municipal ordinance that would drastically increase the penalty for private adult possession of a small amount of marijuana. Despite current state law that calls for such violations to be punishable by a maximum $100 fine and no time in jail, the new ordinance mandates up to a $1,000 fine and up to one year in jail
SAFER links to the original story from the Lafayette News.
They continue:
Among the Boulder County residents opposed to the measure is former Lafayette Municipal Court Judge Leonard Frieling, who according to press sourcesresigned his position in protest of the proposed ordinance. This led to a swarm of media coverage of this misguided measure, alerting Coloradans around the state of this ridiculous effort to stiffen penalties against adults who make the safer choice to use marijuana instead of alcohol. One station ran a story reporting that Mr. Frieling no longer worked for Lafayette as a judge, which was apparently news to him.
Quote the judge who resigned:
"I cannot in good conscience sit on the bench while being unwilling to enforce the municipal ordinances," Frieling said in a resignation letter to city officials.
SAFER brings up an interesting point: Amendment 44, which would have completely decriminalized the possession of 1 oz of marijuana for those 21 and over, passed in Boulder County on a 53%-47% vote last November.
This is exactly the wrong type of action to take. The city is trying to explain that this would only be used in certain situations, tacked on to other offenses of a more serious nature. That in no way justifies it. Not only does the state of Colorado put a maximum penalty of $100 with no jail time on the "crime", it goes against the will of a majority of Boulder County residents.
It also would only exacerbate the growing prison population problem in this state.
Amendment 44 is SAFER's decriminalization of up to one ounce of marijuana possession for adults 21 and over in Colorado. The hub-bub is about the shady way the Legislative Council, which draws up the wording in Colorado's Blue Book, has labeled Amendment 44 for voters.
The controversy: Romanoff and the Legislative Council claim that Amendment 44 would somehow make adults giving marijuana to a child between 15 and 21 legal.
Unfortunately, the clear implication of that statement - that the amendment decriminalizes such transfers, at least insofar as the state is concerned - is simply false. It is a crime in Colorado to help any juvenile break any federal or state law, and under both federal and state law it will continue to be illegal for minors to possess marijuana even if Amendment 44 is approved. So someone giving a minor marijuana would be breaking the law as well.
The Blue Book does acknowledge that 44 "addresses state law for possession only; enforcement of other marijuana laws would not change." But contributing to the delinquency of a minor is not a marijuana law, meaning the Blue Book fails to remind voters that such a law exists.
Sponsors of Amendment 44 tried to have the offending language struck this week in court, but a Denver judge said he had no authority to do so. We understand the judge's reluctance to meddle in a legislative prerogative, but the result is that voters will be misled. And that's simply not right, whatever your opinion of the merits of Amendment 44.
The "War on Drugs" is a failure, continued only to line the pockets of police enforcement and incarceration interests. Amendment 44 would give the voters the right to declare it a failure, because politicians--be them Republican or Democratic--don't have the political courage to do the right thing.
And this Legislative Council decision to hijack the wording for Amendment 44 is just another instance of that political cowardice.
It’s official: SAFER has done what I thought would be the biggest hurdle in the campaign, and collected over 110,000 signatures to put decriminalization on the ballot. (So says a press release.) That is, 42,000 more than needed. That means the Secretary of State will have to find 42,000 invalid signatures for the initiative to not make the ballot.
From the press release:
DENVER - On Monday, August 7, Safer Alternative For Enjoyable Recreation (SAFER) will file its initiative petition to legalize up to one ounce of marijuana under state law with the Secretary of State for approval for the November ballot. Prior to submitting the petitions, SAFER will hold a press conference in front of the Denver City-County Building at 11 a.m.
"This past November the people of the City of Denver voted to make the possession of up to one ounce of marijuana legal for adults under city ordinances," said SAFER Campaign Director Mason Tvert. "Yet our cowardly city officials blatantly ignored the will of the people and have continued arresting and prosecuting Denver residents under state law for making the safer choice to use marijuana instead of alcohol. We think that is wrong, and it appears more than 110,000 people in the great state of Colorado agree with us.
Now the hard part is over. Voters usually kick the drug war in the proverbial balls every time the issue comes up for a vote. (You know, democracy!) I think if the good organizing continues—including grassroots support and involvement—our humble state could just make history.
Early Wednesday, Congressional Candidate Herb Rubenstein was at a PTA meeting in Green Mountain. He listened as the principal crowed about how five canine units made a surprise visit to the High School. They locked down the classrooms while the dogs swept the school for the scent of marijuana. None was found, but that was never really the plan. "The goal was to scare the kids," said the proud administrator, and by all accounts they achieved that goal.
If you are a student in Colorado who smokes marijuana, there is a list of reasons you should be afraid. Mason Tvert came to Denver's Drinking Liberally to give us the facts on what things really were on that list, and what things never really have been.
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