BRECK TWEAKS LAWS TO MAKE WAY FOR MARIJUANA

Public Consumption, Sale Remain Illegal

BRECKENRIDGE -- A new set of marijuana laws is nearing approval in
Breckenridge, where possession of the drug and paraphernalia by
people over 21 is to be decriminalized Jan. 1.

The regulations would make public display and consumption of
marijuana punishable by a $100 fine and up to 15 days in jail.

Breckenridge police chief Rick Holman said he doesn't foresee much
change in the town that, in 2008, issued only 10 tickets for
possession of small amounts of marijuana and four for possession of
paraphernalia under the municipal laws.

"We've never had a high incidence of public display and use in
Breckenridge," he said. "I don't expect that to change."

Holman acknowledged that "some people are miseducated" about what
passed in this month's ballot initiative for decriminalization.

Use of marijuana at Breckenridge Ski Resort remains illegal under the
Colorado Ski Safety Act.

The town will continue to prohibit selling and driving under the
influence of the drug.

The town on its website explains that non-medical marijuana
possession still violates state laws, and that the local police "may
still exercise, at their discretion, the authority to charge those in
violation of state or federal law."

Holman has said such enforcement would vary depending on the situation.

Unlike the city of Denver -- which decriminalized pot in 2005 -- the
Breckenridge town code will specifically allow for people over 21 to
possess paraphernalia.

The draft to which town council gave preliminary approval on Tuesday
also allows for transfer without sale of less than an ounce of
marijuana between people. Sale of marijuana remains a felony.

Possession between 1 ounce and 8 ounces is still to be a misdemeanor
in the town, with possession of more than 8 ounces a felony.

Election results earlier this month reflect about 71 percent of town
residents who voted favored decriminalizing small amounts of marijuana.