Marijuana:
Denver
Man
to
Challenge
Pot
Arrest
After
Legalization
Ordinance
in
Effect
12/9/05
https://stopthedrugwar.org/chronicle-old/414/saferarrest.shtml
When Denver voters passed
I-100, the SAFER initiative making
possession of up to an ounce of marijuana legal for persons 21 or older,
Denver officials vowed to ignore the will of the voters and continue to
prosecute people under the state marijuana law. They have lived up
to their word, filing state charges against at least 12 adults for simple
marijuana possession since then the ordinance went into effect on November
16.
Now, one of them is fighting
back. On December 1, Eric Footer appeared in court in Denver to plead
not guilty and demand a trial. Footer was cited a day after the ordinance
became city law, and he accuses city officials of "thumbing their nose"
at voters. A three-man legal team led by Sensible Colorado's Brian
Vicente will provide his defense.
"I was just angry and confused,"
the 39-year-old Footer told the Rocky Mountain News. "I didn't understand
how the [voter-passed] law could be in effect and not be enforced," he
said. "It doesn't make sense. It either is or it isn't the
law."
"This is about forcing the
Denver police and the Denver DA to enforce this law and respect the will
of the voters," said Vicente during the same interview. "Based on
the passage of I-100, Mr. Footer made a reasonable assumption that adult
marijuana possession was protected in Denver... that law enforcement
and the DA would follow the will of the people. "This is a city ordinance
now; it's not theoretical."
Assistant City Attorney Vince
DiCroce disagreed. "The state law is still in effect and cases will
be prosecuted now, just like they were before ( I-100 ), under the state
statute," said DiCroce, director of the city attorney's Prosecution and
Code Enforcement Section, which prosecutes marijuana cases. "We're
going to just continue to do what we've done," he told the News.
The Colorado courts will
sort this out. A first hearing is set for January 18.
-- END --
Issue #414
-- 12/9/05
Update
and
Appeal:
DRCNet
in
2006
|
Feature:
Vancouver
Keeps
Leading
the
Way
on
Drug
Reform,
Despite
Bumps
in
the
Road
|
Feature:
Seattle
Conference
on
Drug
War
Exit
Strategies
Gets
Down
to
Nuts
and
Bolts
|
Feature:
Washington
Legislature
to
Consider
Bill
to
Examine
Alternatives
to
Prohibition
|
Law
Enforcement:
This
Week's
Corrupt
Cops
Stories
|
Marijuana:
Denver
Man
to
Challenge
Pot
Arrest
After
Legalization
Ordinance
in
Effect
|
Chronic
Pain:
South
Carolina
Pain
Doctors
Lose
Appeal,
But
Get
New
Sentencing
Hearings
|
Medical
Marijuana:
Judges
Growls
at
More
Possible
Prosecution
Misconduct
in
Bryan
Epis
Resentencing
Hearings
|
Medical
Marijuana:
San
Diego
County
to
Sue
to
Overturn
California
Law
|
Latin
America:
Prison
Sentence
for
Dying
Woman,
79,
Sparks
International
Appeal
|
Australia:
Australian
Government
Goes
After
Rave
Ecstasy
Testing
Group
|
Europe:
Czech
Lower
House
Passes
Drug
Reform
Measure,
Including
Decriminalization
of
Marijuana
Possession
and
Personal
Grows
|
Canada:
With
Elections
Looming,
Conservatives
Talk
Tough
on
Drugs
|
Europe:
Dutch
Political
Parties
Call
for
Regulated
Pilot
Program
to
Supply
Marijuana
to
Coffee
Shops
|
Web
Scan:
After
I-75
in
Seattle,
re-launched
web
site
from
Bolivia's
coca
country
|
Weekly:
The
Reformer's
Calendar
|
This issue -- main page
This issue -- single-file printer version
Drug War Chronicle -- main page
Chronicle archives
|
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