Initiative 100 Challenge

Denver’s First ‘Test’ Pot Case Dismissed

By Howard Rothman, 1-18-06

	Eric Footer

Remember Eric Footer? He’s the 39-year-old real estate consultant who argued that he should not be prosecuted for getting caught with pot and a pipe in his car last November because Denver voters had just approved Initiative 100 — which decriminalized possession of an ounce or less of weed and made Mile High jokes momentarily the late-night TV rage. He and supporters from the advocacy group that pushed the Denver initiative promised to press the issue through the courts after police and prosecutors insisted a tougher state law required that they continue prosecution of such cases, despite 59% of voters demanding they do otherwise. Well, on Wednesday, all charges against Footer were dismissed.

The man in the center of the controversy is claiming total vindication, although Denver officials are conceding nothing and vowing to keep the heat on local potheads. “I didn't think there was sufficient probable cause for this search and I didn’t think we would be able to prevail,� said the prosecutor. “I am prosecuting a number of marijuana cases today and will continue to prosecute them.�

Just not such high-profile ones, apparently.

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