RECREATIONAL POT BUSTS DOWN IN BRECKENRIDGE, SUMMIT COUNTY

Sheriff's Office: We Enforce State Prohibition Laws

Statistics show Breckenridge police backed off recreational marijuana
charges in 2010, following the 2008 voter approval of a measure
decriminalizing marijuana possession in the town.

Breckenridge authorities filed only 10 cases of marijuana possession -
including five against people under age 21 - through the Breckenridge
municipal court in 2010, down from 23 cases filed in 2008, according
to information provided by the Breckenridge Police Department.

Four of the 2010 cases were filed against people smoking in public,
which is still prohibited in Breckenridge.

State law still prohibits the possession of non-medical marijuana, and
local authorities have the right to charge offenders under Colorado or
federal laws. But in Breckenridge, generally, they don't.

"It's still a state (law) violation," Breckenridge Police Chief Rick
Holman said. "We can cite them into county court ... but our policy is
that, unless they're involved in other crime activity, (we don't)."

Breckenridge sent a total of nine marijuana-related cases to county
court in 2009, but only four last year.

Down across district Breckenridge's marijuana-tolerant trends mirror
numbers from the Fifth Judicial District as a whole, which prosecuted
only 12 felony marijuana cases in 2010, compared with 43 in 2008,
according to data released by the district attorney's office.

The District Attorney handled 93 petty offense marijuana charges last
year, down from more than 250 in 2008. Of the 2010 charges, all but
four were filed in conjunction with other offenses. None of the four
possession-only charges came from Summit County.

Both Holman and District Attorney Mark Hurlbert said the increase in
the number of medical marijuana card holders might have contributed to
the drop in recreational marijuana busts in the last few years.

The Summit County Sheriff's Office continues to take a hard stance on
recreational marijuana, according to Sheriff John Minor, who said his
office enforces state prohibition of recreational marijuana and has
not changed its enforcement practices in recent years.

Still, many of the 50 people charged with marijuana-related offenses
through the sheriff's office were either using the drug in public or
were caught with it after committing another crime.

"You have to understand that most of these people are being stupid,"
Minor said of the individuals charged with marijuana offenses.
"They're bringing attention to themselves with law
enforcement."

Still too many? While local legalization advocates say they're pleased
with the downward trend in possession charges, the number of cases is
still too high in an area where the majority of voters supported an
amendment proposal in 2006 which, if passed, would have legalized the
possession of marijuana for people over age 21 statewide.

"We see (about) 100 people a year being prosecuted in the district for
simple possession cases, which is still contrary to the will of the
voters," local criminal defense attorney Sean McAllister said.

"I'm tired of representing people on marijuana charges," McAllister
added in an e-mail. "These people are not criminals and don't deserve
a criminal record."

Along with other marijuana lawyers in the state, McAllister is backing
a new legalization ballot initiative for 2012.

He said the central mountain region has become the progressive core of
support for legalization efforts.

"I think people who live here realize that marijuana is not as harmful
as alcohol," McAllister said. "I think there's more of an openness to
it in the mountains."