PRO-POT GROUP PUSHES $5 FINE

LONGMONT - The state decriminalized the possession of 1 ounce or less
of marijuana eight years ago, but Longmont city code still calls for a
fine and possible jail time for people who get caught with weed.

That's one reason those behind a new group, Free Marijuana in
Longmont, will ask the City Council tonight to change city punishments
for possession of pot in city limits.

If the council doesn't agree to change city code, organizers will ask
voters to do it.

Longmont resident Kevin Clowers is leading the effort with about four
others in the group.

While it would still be illegal for an adult to possess up to 1 ounce
of marijuana, the group wants to lower the maximum fine to $5. City
code sets the fine at $50 to $100 for an adult.

Organizers also hope to do away with jail time for public display or
consumption of marijuana, replacing it instead with community service,
and lower the fine for that offense to $25 from $100.

The current code would not change for juveniles.

Longmont's marijuana ordinances are tougher than Colorado's laws,
Clowers said.

The state Legislature knocked down possession of marijuana from a
misdemeanor to a petty offense in 2001. But under Longmont's code,
offenders can still find themselves in jail, on probation and with a
criminal record, Clowers said.

"I think it would be in everyone's interest to even that out," he
said.

Lowering the fine and taking away the possibility of jail time for
adult offenders decriminalizes the offense - without legalizing
marijuana - because it takes away the "value" of pursuing and
prosecuting offenders, Clowers said.

"It's not worth the trouble," he said. "Five dollars lines it up with
the value of the offense."

Clowers said the changes would free up police officers and ease the
burden on the municipal court, he said.

"Chasing potheads is not a good way to spend an ever-diminishing
budget," he said. "We have lots of worse bad guys that need our attention."

Longmont resident and proponent Paul Tiger also argues that
decriminalizing pot would discourage people from taking advantage of
the medical marijuana system for recreational use. Voters legalized
the use of medical marijuana in Colorado in 2000.

"The goal here is really to show that it can be done, that we can
decriminalize marijuana at a local level," Tiger said. "That concerns
our community, that customizes it for our community, and shows we
don't have to adopt a state law."

Although the issue is not on the City Council agenda tonight, Clowers
and other supporters plan to speak to the council about it during its
meeting.

The City Council could opt to change the code, and Clowers hopes
they'll be receptive to the idea.

If not, Free Marijuana in Longmont organizers plan to circulate
petitions and collect enough signatures to get the issue on November's
ballot.

"Ultimately there is one way to find out if there's community support
for the idea," Clowers said, "and we think there is."

[sidebar]

The proposed new code follows:

10.36.110 Possession or consumption prohibited.

A. It is unlawful knowingly to possess up to 1 ounce of marijuana. The
court shall punish adult offenders by a fine of no more than $5. The
court shall punish minor offenders by a fine between $50 and $100.
Upon any subsequent conviction of a minor within 12 months, the fine
shall be $100, plus applicable court costs.

B. It is unlawful to openly and publicly display, consume or use up to
1 ounce of marijuana. The court shall punish offenders by a fine of
$25; of by up to 10 hours of community service; or both. Upon any
subsequent conviction within 12 months, the fine shall be $50, and no
more than 20 hours of community service.

C. As used in this section, unless the context otherwise
requires:

1. An adult is defined as a person who is eligible to vote in the
United States.

2. A minor is defined as a person who is less than the age of
18.

If You Go

What: Longmont City Council

When: 7 tonight

Where: Civic Center Complex, 350 Kimbark St.

Information: Call the city clerk's office at 303-651-8649 or
visit: www.ci.longmont.co.us