Home › News › Local News
Reverse psychology on pot measure
Published August 18, 2007 at midnight
A proposal this week to enact an initiative that would make adult possession of less than an ounce of pot the "lowest law enforcement priority" left some people wondering: What are Denver's elected officials smoking?
But it was actually a proposed strategy to let the city's legal team immediately start to prove that the initiative is legally flawed, as city attorneys say it is, so a court will toss it out.
The council will consider the strategy and other legal options in a closed-door meeting Monday.
Mason Tvert, spokesman for Citizens for a Safer Denver, the pro-pot group campaigning for the initiative, said Friday that city officials are wasting their time.
"Every court ruling and every judicial body that's ever considered issues like this has ruled that this would be legal," he said.
"Our elected officials should recognize they're not judges. They're simply supposed to represent the people," Tvert said. "They shouldn't be going out of their way to derail a citizen initiative."
The City Charter gives the council two options: adopt the initiative or refer it to the electorate.
Councilman Doug Linkhart said he and his colleagues respect voters' ability to initiate a legislative ordinance.
But there are doubts whether this one is legal.
City attorneys say that adult possession of pot is a legislative policy in the state and that "any directive as to how that law should be enforced would be an intrusion into the realm of executive or administrative decision-making."
"We're certainly not gathering on Monday to find ways of subverting it," Linkhart said. "It's just a question of, is it a legal initiative and . . . what are the chances in court if this goes to court?"
Council President Michael Hancock said he was trying to expedite that legal review when he proposed adopting the measure, which he vehemently opposes.
A ballot initiative approved by voters cannot be amended or repealed for six months.
"That's why I made the proposal that I did," Hancock said. "Why wait until Nov. 6 when we can begin the process now?"
Hancock said his proposal may be moot.
"I do expect that (a council colleague) may try to make a motion to remove it as an ordinance and just send it to the voters, which I'm OK with as well," he said.
chacond@RockyMountainNews.com or 303-954-5099
Back to Top
