MEASURE ON POT MAY NOT MATTER

Issue Likely To Be On Nov. Ballot

Voters in November likely will have the chance to make Denver the first
major city in the country to legalize marijuana possession. But even if the
measure passes, it is unlikely Denverites will be able to smoke scot-free.

The City Council Safety Committee, given petitions with signatures of 10
percent of Denver voters, recommended Wednesday putting the marijuana
initiative on the ballot.

The measure, being sought by a group that has tried to get penalties for
marijuana use eased on two Colorado college campuses, would amend city
ordinances to legalize possession of less than 1 ounce of marijuana for
people at least 21 years old.

But even if voters approved the change, state laws against marijuana use
still would be applicable and Denver police still would enforce those laws,
Assistant City Attorney David Broadwell said Wednesday. State law
classifies marijuana possession of less than an ounce as a Class 2 petty
offense, punishable by a fine of up to $100.

Although a court recently ruled that Denver has home-rule authority, giving
its pit-bull ban precedence over state law, Broadwell said the city would
not contest state authority on marijuana laws.

Backers of the measure, however, argued that the city should listen to voters.

"We would hope the city of Denver will respect the will of the city," said
Mason Tvert, executive director of Safer Alternative for Enjoyable
Recreation (SAFER). "Does it mean they will? I don't know. I have a strong
feeling that it would improve the quality of life for the city."

SAFER last month presented the Denver Election Commission with 12,500 voter
signatures - more than double the 5 percent necessary to place an issue on
the ballot. The commission verified the petitions as valid.

Under the city charter, the City Council can either adopt a proposal
submitted with the petitions or place it on the ballot for voters to
decide. The committee recommended that the council put the question to voters.

"I don't feel comfortable enacting it," said Councilwoman Peggy Lehmann. "I
just don't support it personally."

SAFER says people would choose marijuana over alcohol if it were legal for
private use and that crimes related to alcohol abuse - such as domestic
abuse, sexual assault and driving under the influence - would decrease.

Bruce Mirken, spokesman for the Marijuana Policy Project, said no city the
size of Denver has voted to decriminalize marijuana, although a handful of
smaller college towns such as Ann Arbor, Mich.; Berkeley, Calif.; and
Amherst, Mass., have.

On Tuesday, Telluride's town council voted to make prosecuting adults for
small amounts of marijuana the town's "lowest enforcement priority."
Similar measures have passed in Seattle and Oakland, Calif.

Students at the University of Colorado and Colorado State University this
year overwhelmingly approved SAFER-sponsored referendums to lighten
penalties for marijuana. But the referendums were nonbinding, and
university officials declined to make the changes.

Tvert said that even if the Denver measure fails, SAFER hopes to generate
dialogue.

"The primary goal is to educate people on the issue," he said.