MAN HOPES TO LEGALIZE MARIJUANA IN DURANGO

Sensible Durango Collecting Signatures For 2010 Ballot

A group called Sensible Durango wants voters to decide in November
2010 whether to decriminalize marijuana - at least when it comes to
the City Code.

Sensible Durango is gathering signatures from city voters in an
effort to force a ballot question that asks: Should the city of
Durango adopt "An Ordinance to Establish a Sensible Marijuana Policy
in Durango" that would remove criminal penalties from the City Code
for the private possession and use of marijuana by those 21 or older?

"People from all walks of life have experience with it and use it
regularly." - Corey Chavez, Sensible Durango

The possession limit would be 1 ounce.

The proposed ballot question is similar to one that passed earlier
this week in Breckenridge, with 71 percent of the votes in favor.
Denver approved a similar measure in 2007.

But they are largely symbolic measures, because the use or possession
of marijuana remains illegal under state law unless individuals have
medical approval.

Brian Vicente, executive director of Denver-based Sensible Colorado,
said decriminalizing marijuana gives police discretion to decide
whether to cite residents for marijuana.

"We're hoping (Breckenridge police) will choose not to use their
discretion, to reflect the overall will of the voters," he said.

Efforts to reach a Durango Police Department spokeswoman for comment
Friday afternoon were unsuccessful. City employees were on a furlough
day Friday.

In order to trigger a vote in Durango, a certain percentage of
registered voters must sign a petition.

Corey Chavez, 24, director of Sensible Durango, estimates about 1,200
city voters must sign the petition to force a vote. But he plans to
collect about 4,000 signatures.

"I think Durango will be the next city to pass an initiative," Chavez
said Friday.

Fifty-four percent of La Plata County voters approved Amendment 44 in
2007, which would have amended Colorado state law to remove all
penalties for possession of up to 1 ounce of marijuana by adults 21
or older. The measure failed statewide.

By decriminalizing marijuana in Durango, Chavez hopes to start a
discussion that will eventually lead to the legalization of marijuana
statewide.

As communities across the state begin to legalize marijuana, voters
will be better educated and more willing to approve a statewide
measure next time it is presented, Vicente said.

"It's local communities like Durango that lead the way," Vicente
said. "We can't sit back and wait for the state to take action. We
have to take local action."

Chavez said he supports the legalization of marijuana because it is
safer than alcohol and should be treated accordingly. Legalizing
marijuana would take it out of the hands of the "black market" and
allow the government to regulate it, he said. And that could generate
tax revenue for the state.

"It's widely used and a very popular recreational substance," Chavez
said. "People from all walks of life have experience with it and use
it regularly."

When contacted Friday, City Manager Ron LeBlanc said he was unaware
of the group's petition effort.

But he said it will be important to evaluate the initiative from a
"community perspective" - possibly even creating a task force to
evaluate various viewpoints and concerns on the part of residents.

When residents bypass the governing body by going to the voters, some
details are overlooked, LeBlanc said. For example, it is possible the
new law will conflict with existing laws.

If such a ballot measure were to pass, LeBlanc said he'd like to be
ready to enact any new ordinance that may be necessary to prevent
discrepancies or address other concerns.

If there is overwhelming support for the ballot measure, it may not
be necessary to put it to a vote, LeBlanc said, because the governing
body may wish to change the code itself.