Denver city officials are mulling whether to adopt or refer to voters an initiative that would make adult possession of less than an ounce of marijuana the "lowest law enforcement priority."

City Council members say they don't support the measure but believe enacting it would allow city attorneys "to immediately start proving" it's legally invalid.

If the measure were put on the ballot and approved by voters, it couldn't be amended or repealed for six months.

District Attorney Mitch Morrissey suggested to council members Wednesday that they refuse to place the ordinance on the ballot and fight it in court.

But David Broadwell, an assistant city attorney, said the council only has two options: directly adopt it or refer it to the voters.

"The right to initiate a legislative ordinance is fundamental under the" Colorado Constitution and City Charter, he said.

Council members say they're caught "between a rock and a hard place."

"This initiative stinks, literally and figuratively," Council President Michael Hancock said.

The enforceability of the ordinance is in question.

"We as a city attorney's office believe that this proposal suffers from several pretty significant legal flaws that would make us question seriously whether or not it will have any real legal force and effect, even if it goes on the books," Broadwell said.

In 2005, voters approved a measure making adult marijuana possession legal under city ordinances. But Denver police have continued to arrest people for marijuana possession under state law.

Mason Tvert, spokesman for Citizens for a Safer Denver, the pro-pot group behind the initiative, said council members are "ignoring the will of the voters."

Tvert said, "Like with Initiative 100 in 2005, the purpose of this initiative is to remove the threat of arrest for adult marijuana use so that citizens are able to make the safer choice to use marijuana instead of alcohol, if that is what they prefer."

chacond@RockyMountainNews.com or 303-954-5099