Council holds nose, puts pot on Nov. ballot

Plan would make small amounts the 'lowest' priority

Stuart Steers, Rocky Mountain News

Published August 21, 2007 at midnight

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Voters will decide this fall on a ballot initiative that would make possession of small amounts of marijuana the "lowest law enforcement priority" of Denver police, the City Council decided Monday night.

Most council members oppose the measure, but a pro-marijuana group forced their hand after gathering enough signatures to put it to a vote.

"A number of us will be voting to put something on the ballot we won't be supporting ourselves," said Councilwoman Jeanne Robb.

Earlier this month the council considered enacting the ordinance, rather than referring it to voters, as part of a legal maneuver to get it thrown out by the courts. Council members decided not to do that, but they say the initiative, if approved by voters, still could be overturned by a judge.

The group SAFER, sponsors of the ballot initiative, also authored a successful 2005 ballot initiative that legalized the possession of small amounts of marijuana by adults in Denver. State law, however, still prohibits marijuana use, and Denver police continue to arrest people for possession.

SAFER, which turned in thousands of signatures to get a spot on the November ballot, hopes the proposed ordinance will change that.

"We're pleased it's going to the voters," said Mason Tvert, director of SAFER.

City officials were stunned by the success of the 2005 initiative and they've vowed to fight SAFER's latest effort. Mayor John Hickenlooper and most other elected officials are expected to campaign against the proposal.

"I want to issue a challenge to those pushing this initiative," said council President Michael Hancock. "I hope you'll go and spend time with the children abandoned and left behind by drug-addicted parents. I guarantee you'll find marijuana is a gateway drug to harsher addictions."

That brought a sharp response from Tvert, who spoke to reporters outside council chambers. He accused council members and Hickenlooper of hypocrisy, since most of them drink.

"Alcohol contributes more to death and destruction than any other substance," said Tvert. "They are alcohol users opposed to people using a different drug."

SAFER is sponsoring the initiative out of frustration, Tvert said. The group says that arrests for marijuana possession have risen in Denver since 2005, even though voters changed local law.

"Why are we issuing citations to adults using a drug less harmful than alcohol?" asked Tvert. "We're forced to run this initiative because they don't respect the will of the people."

Several council members said they doubted the initiative would be upheld by the courts, even if it is approved by voters. Since Colorado marijuana law hasn't changed, Denver would still have to enforce the state prohibition, they said.

"We don't want to subvert the will of the voters, but there are questionable legal grounds for this initiative," said Councilman Doug Linkhart.

What's next for the pot initiative?

• Denver City Council will hold a public hearing on the measure at 5:30 p.m. Monday.

• Denver voters will consider the proposal in November.

steerss@RockyMountainNews.com or 303-954-2282

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