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Pot votes didn't spark policy shift, city admits

By Hector Gutierrez, Rocky Mountain News (Contact)

Published March 6, 2008 at 12:30 a.m.

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A Denver city attorney acknowledged Wednesday that pro-marijuana initiatives passed by city voters in the last three years have not had any bearing on how his office prosecutes cases involving petty offenses of pot possession.

But Vincent A. DiCroce, an assistant city attorney, said his office doesn't pursue many petty marijuana cases. In fact, many cases prosecuted by assistant city attorneys involve traffic offenses, he said during the second meeting of Mayor John Hickenlooper's Marijuana Policy Review Panel.

Sandy Mullins, executive director of the Colorado Criminal Defense Bar, and defense lawyer Frank Moya, who are panel members, had asked DiCroce if the initiatives passed by Denver voters had led to any policy changes about how assistant city attorneys prosecute petty marijuana offenses.

"There has not been a policy change," said DiCroce, also a panel member. But he said, "These are not high-priority cases, and they're also infrequent."

Denver voters passed an initiative in 2005 that would remove the penalties for adults who possess less than an ounce of marijuana. Last year, they passed another initiative to make possession of less than one ounce of marijuana the "lowest law enforcement priority."

Police Sgt. Ernie Martinez, another panelist, said that officers also have state statutes to uphold.

Student Timothy Arndt, 24, told the panel that he recently was arrested for possessing less than one-eighth of an ounce of pot and has pleaded not guilty to the charge to keep from losing his financial aid at Metropolitan State College of Denver.

"When I was in court for my arraignment, I paid attention to who else was in there and for what," he said. "Twenty for disturbing the peace, nine for assault, four for vandalism, others for threatening people, indecent exposure, flourishing a weapon, disorderly intoxication. And there were 11 . . . people there for simply possessing less than an ounce of marijuana."

Panelist Mason Tvert, executive director of Safer Alternative for Enjoyable Recreation, or SAFER, said that the votes of the people should have sent a clear message to the police department and city attorney's office.

Comments

  • March 6, 2008

    7:07 a.m.

    Suggest removal

    vudumom writes:

    I hope the Denver D.A.'s office isn't overworking themselves going after bad people like murderers.After all they did let The 3 year old Neveah's murderers walkout free,even after telling the police they wrapped her up and dumped her dead corpse.They even let the sex offender boyfriend go knowing he was unregistered only to then issue a warrant for his arrest for not registering as a sex offender.

    I guess murder is not more important than having less than an ounce of pot,or even wrapping a dead corpse,stuffing into a suitcase and dumping it.In fact I guess it took them a while to figure out that not registering as a sex offender is a criminal offense.Going after small pot amounts is a bigger crime?Let's not forget who set the tone in the D.A's office,Bill Ritter.
    Go after the pot users but when you arrest illegals for major crimes or major drug offenses,like heroin,just charge them with agricultural trespass or let them walk free.No harm ,no foul ,right?

    We live in a 3 tiered legal system.
    1. The rich,if your rich enough you can buy your way out of almost anything.that includes the famous people.
    2.The regular people and legal citizens.These people may or may not get justice,but are often charged and prosecuted more.
    3.The illegal population.These people most often get to walk away from their crimes because ICE doesn't have the manpower to deal with all of them.They are allowed to commit crimes over and over.Then if they do something really serious ,like kill a police officer they are prosecuted.Many illegals do crimes and and cross the border to lay low,come back and keep doing whatever they want.
    People say there are more whites and blacks in prisons than latino's ,that may be true.Look at the millions of Latino criminals walking the streets who should be in prison or are criss crossing the border or making new I.D.'s.

    Leave the small pot users alone.I'd rather be stoned watching a movie that is only funny when you've smoked a joint,than be in a room with a illegal thug who can't speak English.How about you?

  • March 6, 2008

    10:02 a.m.

    Suggest removal

    Adeline writes:

    For an idea of what the rest of the country thinks of Denver DA Mitch Morrissey flipping the bird to Denver voters, go to the New York Times blogs: www.nytimes.com

  • March 6, 2008

    11:23 a.m.

    Suggest removal

    the_stoneweb writes:

    As Denver voters have all ready made clear to everyone, except the police and other authority figures, pot use (although not a healty habit) is not dangerous to other citizens. Why is the will of the people ignored by the officials that were elected to office by the people?

    The war on drugs should exclude pot. This would enable so many Americans to go to work without fearing for their jobs during drug testing. If you smoked pot in the last 30 days you would still test positive. However, 30 days later you would NOT still be under the influence. Yet the test would say you are not fit for duty and should be terminated. But go out and drink the night before you got to work and you may very well be considered fit for duty!

    This is a completely ridiculus test for fitness for duty! It is nothing more than the government getting around the unconstitutionality of their laws by using the insurance companies to blackmail employers into drug testing. Requiring drug testing by law is a violation of privacy. Not a problem says the government, were are not requiring you to take the test, but if you don't you won't get any work.

    Now if the test was recalibrated so that you could tell if you were under the influence at work, then I would be all for testing.

  • March 6, 2008

    12:50 p.m.

    Suggest removal

    kevin3 writes:

    How can Denver be a "world class city" if Denver does not listen to what its people desire? We spoke twice and our leaders continue to defy the wishes of its peasants.

  • March 6, 2008

    1:27 p.m.

    Suggest removal

    Mtn__Gator writes:

    It's all about the money. The police department doesn't make any money busting murderers, rapists or other violent criminals. As with any governmental agency, follow the money and you will find the answer.
    For the life of me, I just can't understand the "taboo" of pot smokers. Although I am not one of them, as a group I have seen or heard of killing for pot, stealing for pot, pot related violence or other general crimes committed while "stoned." Leave these people alone and go after the true criminals in out society, which include politicians

  • March 6, 2008

    8:47 p.m.

    Suggest removal

    RockySux writes:

    Please. There are politicians in this town that smoke pot. You know who you are.