MARIJUANA PROPONENT STUMPS 44

Amendment Would Make It Legal to Possess an Ounce or Less of
Pot

DENVER - Mason Tvert is standing in front of City Hall with a whole
lot of beer.

The leader of the marijuana-legalization initiative says he's ready to
go "hit-for-chug" against two of the state's most prominent people to
prove that marijuana is safer than alcohol. His targets are Denver
Mayor John Hickenlooper - a Democrat who founded the Wynkoop Brewery -
and Pete Coors, a Republican who ran unsuccessfully for U.S. Senate
and serves on the board of his family's brewery.

Tvert has three 20-packs each of Coors and Coors Light and two jugs of
Wynkoop microbrews.

"Oh, by the way," Tvert says. "These wine coolers are here in case
Attorney General (John) Suthers decided to show up."

No one took up the challenge.

Such in-your-face personal challenges have been the hallmark of
Tvert's campaign for Amendment 44, which would make it legal for
people age 21 and older to possess an ounce or less of marijuana -
enough for about 30 marijuana cigarettes. Currently, it's a petty
offense that carries a $100 fine.

Throughout the campaign, Tvert has tried to force his opponents to
compare marijuana to alcohol. He took the same tactic in a heated
debate against Suthers on Tuesday. Suthers is running for re-election
against Democrat Fern O'Brien.

Pot vs. Booze

Suthers rejected Tvert's argument that marijuana is
safer.

"That assertion is incorrect and irresponsible," Suthers said.
"Marijuana is not a harmless and benign drug.

"The only safe alternative to intoxication or mind-altering drugs or
alcohol is sobriety," he said.

Unrealistic, Tvert said.

"That's like suggesting that we ban condoms because we don't want
young people to have sex," Tvert said.

Opponents say that legalizing marijuana for adults would send the
wrong message to children.

Also, Suthers said, a glitch in the amendment would remove the penalty
for adults who give marijuana to a minor. Tvert says those adults
could still be prosecuted for contributing to the delinquency of a
minor.

Suthers said that marijuana and alcohol are both dangerous, but
millions of people drink alcohol and don't get drunk. But Tvert says
it's all a matter of moderation.

The federal Institute of Medicine supports many of Tvert's arguments
about alcohol. Marijuana users, according to a 1999 IOM study, are
less likely to be dependent than alcohol users, and their withdrawal
symptoms are usually milder.

'Two Wrongs Don't Make a Right'

But that's not the point, says Craig Westberg, district attorney for
La Plata, Archuleta and San Juan counties.

"Two wrongs don't make a right," Westberg said.

He agrees that alcohol is "the No. 1 problem among drugs," but
marijuana is a problem, too.

"Boy, I've seen a lot of people who were really, really addicted to
marijuana," Westberg said.

Westberg also opposes using a popular vote to make criminal law,
something he says is best left to the Legislature.

And finally, he echoes Suthers' concern about the message Amendment 44
sends to children.

"I am convinced, if this passes, we're just going to be encouraging
more kids to use," Westberg said.

The district attorney doesn't keep statistics on how many local people
are charged with marijuana possession, but the county court sees "a
considerable number" of cases each week, said Westberg.

If Amendment 44 passes, it will still be illegal to display marijuana
in public, grow it or sell it.

And, as Westberg pointed out, possession of drug paraphernalia will
still be illegal. While Westberg doesn't have statistics, he says that
in most cases when police officers write petty offense tickets for
marijuana possession, they also cite the suspect for possessing a pipe
or roach clip.

Rights for Adults

Durango resident Ernest Eich says he'll vote for Amendment 44 on
philosophical reasons.

"It's finally a law that treats adults as adults, instead of making
legislation based on what people are afraid their children might do. I
don't think the government in general thinks people are capable of
making their own decisions," said Eich, who is not actively working
with the campaign.

Last November, Tvert convinced Denver voters to decriminalize the
possession of an ounce or less of marijuana in their city.

The Denver-Boulder area leads the state in marijuana consumption, with
8.58 percent of people age 12 and older reporting marijuana use in the
last month.

But the Western Slope follows closely behind, with 7.49 percent,
according to the federal government's National Survey on Drug Use and
Health.

The numbers are an average of results between 2002 and
2004.

Marijuana use dropped since the 1999-2001 survey, when 8.37 percent of
Western Slope residents and 10.33 percent of Boulderites reported
using marijuana in the previous month.

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AMENDMENT 44

What it does: Legalizes the possession of less than an ounce of
marijuana for people age 21 and above.

Who is for it: Safer Alternative For Enjoyable Recreation.

Who is against it: Students Against Marijuana, an organization run by
Ca City resident Beverly Kinard. State Attorney General John Suthers
and other elected officials, including Lt. Gov. Jane Norton.

Who pays the bills: $113,000 from SAFERs voter education fund. The
pro-44 campaign says more than half the donations come from Coloradans.

The official anti-41 groups have small budgets and no major donors.