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Pro-pot group loses in bid to halt booklet

Voter info unchanged as judge grants motion to dismiss

Alan Gathright, Rocky Mountain News

Published September 14, 2006 at midnight

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Sponsors of a statewide measure to legalize adult marijuana use suffered a major setback Wednesday when a Denver judge rejected their challenge to voter information booklet language saying Amendment 44 would make it legal to give pot to minors.

The measure's backers had asked Denver District Court Judge John McMullen to halt today's printing of the booklet, which will be sent to about 2 million Colorado households.

They wanted to change what they called false information about the marijuana measure in what's supposed to be an impartial analysis by the Legislative Council.

But McMullen never ruled on the merit of the pro-pot group's request to stop the booklet's printing. Instead, he granted a motion by the Legislative Council's attorney, Richard Kaufman, to dismiss the complaint.

Kaufman invoked a 2002 ruling by the Colorado Supreme Court, saying judges have no jurisdiction over the Legislative Council's crafting of the booklet. That's a legislative process, protected by the Colorado Constitution's separation of powers clause, the high court ruled.

McMullen said a court could only take up a legal challenge after Amendment 44 was voted on.

The measure's sponsors had no immediate comment about whether they'd appeal the ruling or take other legal action.

"I'm going to make it clear the great lengths that our government has gone to lie to the voters of this state about the effects of this initiative," said Mason Tvert, campaign director for Safer Alternative for Enjoyable Recreation.

The amendment, which qualified to be on the Nov. 7 ballot, would allow adults age 21 or older to possess less than an ounce of marijuana without legal repercussions.

Federal drug agents and other Amendment 44 foes persuaded the Legislative Council to say in the voter booklet that its passage would allow adults to freely give marijuana to youngsters between the ages of 15 and 17. It would remain illegal for any minor to accept or possess marijuana.

Supporters of the Alcohol-Marijuana Equalization Initiative argued that the booklet analysis is false and misleading. They say the state law against contributing to the delinquency of a minor would still make it a felony to encourage or aid anyone under 18 to possess or use marijuana - or violate any federal or state laws.

Amendment 44's opponents have already begun arguing in debates that its passage would make it legal for adults to give pot to teenagers.