CITY'S POT FINE TAKES A HIT

Federal Heights Halves The Monetary Penalty, Eliminates Jail Time

FEDERAL HEIGHTS - Times are tough for everyone, including pot smokers
busted under the city's old possession law.

So the council, which represents about 12,000 people, decided last
week to cut the fine for marijuana possession of an ounce or less from
$1,000 to $500 and eliminate the possibility of jail time.

Marijuana advocates say the city was reacting to the dire economic
climate and how prosecuting someone for a small amount of marijuana
would be a financial hardship for both the suspect and the city.

"When you consider the massive fine someone could face, it could
destroy them," said Brian Vicente, executive director of Sensible
Colorado, a nonprofit group pushing for reform of marijuana laws.

The city also will save itself money, time and effort in pursuing a
petty offense under state law, said Mason Tvert, who heads Safer
Alternative for Enjoyable Recreation, which claims pot smoking is
safer than drinking.

A similar offense under state law would draw up to a $100 fine with no
possibility of jail.

"If the council was looking at methamphetamines causing problems,
obviously they wouldn't change anything," said Tvert. "This city has
recognized marijuana is not the devil, not the horrible drug that's
been talked about for 70 years."

City officials said they are not advocating abolishing pot laws.
Rather, they were following the suggestion of the city prosecutor -
aligning local law with the state law.

"I believe we felt it was time to get the punishment more in line with
the infraction," said council member Dale Sparks.

Mayor Pro Tem Richard Steele, who said marijuana is worse than
alcohol, still went along with the ordinance change because the old
law was "too harsh."

"I can't see hitting somebody up for $1,000 and jail for 30 days,"
Steele said.

The only dissenting vote came from Tanya Ishikawa, who at first wanted
the maximum fine to be changed to $100.

"When people use marijuana recreationally it's not a major crime, and
people shouldn't pay high fines for it," Ishikawa said. "Personally, I
think $500 is too high, especially in these times."

Other cities have kept their one-ounce-or-less possession laws more in
line with the state, said Tvert. And in Denver, voters decided in 2007
to make marijuana use by adults the "lowest enforcement priority."

But some communities still will hang hefty fines on pot possession, no
matter the size of the stash, Vicente said. Maybe the biggest economic
slowdown since the Great Depression - and last week's move by Federal
Heights - will get them to change their ways.

"Federal Heights," Vicente said, "is on the cutting edge."