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October 21, 2009 02:44 AM UTC
21 Comments
gawd, can no one use that phrase correctly anymore (pothead or not)?
Anyway, so if Breckenridge does this…….so what? State law will come crashing down on the heads of those silly/stoned enough to think the Breckenridge town code matters.
a state trooper would have to bust them?
But Denver did the same thing in 2005, da Hick is quoted in the article as saying that the police will continue to arrest and charge people under state law.
I’m not a lawyer, but my impression is that the local cops can do that.
Now, if we ever legalize statewide- does that mean that FBI is gonna come swooping in on the parking lot of Red Rocks during, well, pretty much every show I’ve ever been to there?
Most arrests made, and citations issued, by city police are for alleged violations of state law.
have pretty limited jurisdiction. It’s not the sexy state police job it is in some states.
there’s always the option of requesting a jury trial. Make the town bleed financially.
Who knows, maybe the prospect of spending however much it costs to hold a jury trial would provide an incentive for the district attorney to dismiss the charge on a “technicality.”
my grammar in this quick post offended you.
Anyhow…
Nearly all marijuana possession cases are handled by local police. Yes, they would be able to cite individuals under state law. But I believe that means those cases would need to go to state court and be handled by state prosecutors. They couldn’t just be handled at the municipal level. For example, in Denver, the city attorneys are deputized as district attorneys and able to bring charges under state law. I’m not so sure the local Breck prosecutors would be able to do so.
Moreover, all law enforcement officials have vast discretion when it comes to who gets cited, who gets charged, etc. If police decide to follow the voters’ decree, they can simply stop issuing citations when they come across adults in possession of marijuana. There is no state penalty for a locality not enforcing a state law. If the state troopers want to turn their attention away from DUIs and other serious crimes and focus on pot, they can go right ahead. Yet it seems unlikely (and rather silly).
…only your understanding of arguments invoking logic.
Anyway, so what if the cases originated by police would go to “state court”? Is that supposed to matter in some way to the individual arrested/cited? I thought your point was that local potheads might enjoy spending time in Breckenridge if it adopted the proposed change. But why should local smokers care if they are cited or arrested according to state law v. city ordinance? Either way, they are screwed (especially under state law!)
As to the “voters’ decree,” which voters should police care about? The voters who elected the state legislators who enacted the laws which the police are charged to enforce? Or should the police ignore such voters’ decrees?
typically never take on cases of simple marijuana possession. These cases would likely be dropped our police would be told not to bother citing people. FYI, state law is no harsher than local law in this case, so they wouldn’t be “especially” screwed. In fact, there are some localities in Colorado with stiffer penalties than the state law mandates.
Municipal police should care most about the locals, unless it’s a case in which there is some imminent harm possible. Needless to say, marijuana poses very little, if any harm to anyone.
Colorado is a home-rule state and localities have the ability to make these decisions on their own.
…is Breckenridge a home-school city? Of course, the answer is irrelevant (which raises the question why you raised the issue). State laws regarding drugs apply in home-rule cities too.
a home-rule city and has ever right to refrain from enforcing the state marijuana possession law. Not all laws are enforced all the time, especially when it comes to antiquated laws, which those barring marijuana possession are quickly becoming. For example, a state law requires all localities to fingerprint and photograph every DUI suspect, yet Denver has opted to not enforce that law because it is not a high enough priority to justify all the time and resources that would require. Breck could say the very same thing about issuing citations for simple possession and forcing every one of those cases into their municipal court, where it will take up the time of the court staff, judge/magistrate, arresting officer(s), etc.
that our ski towns needed saving!
Last time I was in Breck, the new gondola, parking lots and housing looked fine to me.
…I’m pretty sure it was pot-smoking kids who burned down Estes Park!
but figured I’d clarify that the initiative only applies to adults. Not that it matters…stupidity results in harm and damage. Not pot.
…got it!
they are hurting. Losing money, laying off workers, doing whatever they can to attract locals and tourists alike. Needless to say, they most certainly wish they were doing better. At least that’s according to the Denver Post, New York Times, USA Today, and other publications that have reported on this subject.
We all act like pot is something new. Coloradoans smoke more pot per capita than anywhere in the US.
Finding pot is too easy here. I had a harder time in LA getting pot. Without dispensaries, I can walk to five houses within two blocks of my upscale home in the Highlands and get whatever amount I want. Now, I may have to wait for the Level 3 Engineer to get home from his day job to sell it me, but he normally has the best stuff.
Let’s not be coy here. I have been high with more than a few of you on this site. Pot is not new, it is VERY VERY OLD. We are just now looking at how to make it safe and tax it.
$113 Billion in Pot Sales. $130 Billion in Alcohol Sales. Think about all of the beer at InvesCo, all the rum at 8 Rivers, all the tequila at Rio Grande. We sell just as much pot.
As for the mountains, let’s get our heads out of the snow, it is there ALREADY!!!! Skiers are stoned!!!! So, let’s tax it and build more lifts or bring down the price of lift tickets.