State Law Supercedes?

Denver Pot Law Faces First Court Test

By Howard Rothman, 12-01-05

When Denver voters approved Initiative 100 last month, the measure legalizing adult possession of less than an ounce of marijuana instantly became the talk of the nation -- and was instantly shot down by local law enforcement officials who promised continual prosecutions under stricter Colorado statutes. Now, the Rocky Mountain News reports that the inspiration for countless Mile High City jokes will face its first court test. Seems a 39-year-old real estate consultant was caught with a vitamin jar full of weed on Nov. 17, the day after election results were certified. And he claims he only had it with him because he thought spliffs were now kosher.

While 54% of Denver voters approved the I-100 measure on Nov. 1, local police and prosecutors have steadfastly maintained that a stricter state law criminalizing pot will remain in effect. They say 95% of all busts within the city and county have always been prosecuted under that statute anyway. And they say nothing is about to change.

Eric Footer, the man arrested a few weeks ago, hopes that just isn’t so. Backed by the representatives of the advocacy group that pushed the Denver measure -- as well as those who supported another unsuccessful one last month in Telluride -- he was pictured in the News article being fitted for a new suit in preparation for his initial court appearance on Thursday.

Update: A Jan. 18 court date has been set to hear arguments in the case.

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