LAFAYETTE PULLS HIKE IN MARIJUANA FINE

Council to Discuss Stiffer Penalties at April Workshop

After the resignation of a backup judge and opposition from the
American Civil Liberties Union, Lafayette has withdrawn an ordinance
strengthening its marijuana laws.

The new law -- which the City Council approved on first reading Feb. 6
- -- would repeal Lafayette's $100 fine for cannabis possession,
increasing the possible penalty to the city's default maximum of a
$1,000 fine and a year in jail.

On Friday, the city pulled final approval from the council's Tuesday
agenda, instead scheduling a public workshop April 3 to discuss the
issue further. If the council proceeds with the ordinance following
that discussion, the approval process will start over and require
votes at two more meetings.

Mayor Chris Berry said postponing consideration of the ordinance will
give city leaders "more time to look at the issue and see how a lot of
other communities are addressing it."

"I think it will give us some time to get some questions answered that
may not have been asked," he said.

Backup municipal court Judge Leonard Frieling resigned last week in
protest of the ordinance. City officials, however, said Frieling's
departure will have little effect because he had not been called in
more than a year, and a new associate municipal court judge was
appointed in April.

Frieling said he has no regrets about severing ties with Lafayette,
and he thinks he accomplished what he set out to do.

"I'm thrilled that they're not taking such a significant step without
serious consideration," he said. "It drew a huge amount of positive
attention to an important issue and resulted -- at least for now -- in
the right thing happening."

The controversy drew attention from the national and state offices of
the ACLU, said Judd Golden, chairman of the organization's Boulder
County chapter. Golden said Lafayette has no justification for stiffer
marijuana penalties, which would go against national sentiment toward
decriminalizing the drug and invite infringement on suspects' civil
liberties.

"The fact they said they need more information and analysis means
apparently they think it's an open question," he said. "I'm sure all
those who feel differently will be present to let their thoughts be
known on April 3."

Marijuana-reform group Safer Alternative For Enjoyable Recreation
joined with several other Colorado organizations to oppose the
ordinance. SAFER executive director Mason Tvert said 53 percent of
Lafayette voters last November supported Amendment 44 -- which would
have legalized adult possession of less than one ounce of marijuana --
and he praised city officials for reconsidering a "drastic and
unnecessary ordinance in light of strong public opposition."

Roger Buchholz, Lafayette's presiding municipal court judge, said the
ordinance has been taken out of context to suggest a crackdown on
marijuana. The overall process was really about comparing Lafayette's
fines and fees with those imposed in other court systems and making
changes such as increased warrant fees and a surcharge for
community-justice programs, he said.

Buchholz said his intention was for the ordinance to specify that
marijuana possession would not carry jail time, and he will support
that provision as discussions continue. The irony, he said, is that
Lafayette has been targeted as draconian when many other Front Range
cities have municipal pot penalties as high as those being considered
there.

"I don't think anybody realizes that what they're screaming about
exists already in Thornton, Northglenn and all these other
communities," he said.