Man plans to fight marijuana arrest

Police continue to prosecute marijuana possession cases under state law.
SCRIPPS HOWARD
DENVER -- Real estate consultant Eric Footer was so convinced Denver voters had legalized adult marijuana possession in the Nov. 1 election that he allowed police to search his car when they pulled him over for an unrelated incident.
An officer promptly found Footer's pot-filled vitamin bottle. But this was the day after the city's voter-approved Initiative 100 became certified, ostensibly changing local law to allow adults 21 or older to possess 1 ounce or less of the weed.
Footer, 39, described himself as confused and angered when he was cited two weeks ago for having the pot and a pipe.
"'It's still illegal to possess marijuana in the city of Denver,'" said Footer, repeating the cop's admonishment. "And he said it with real conviction, like I should've known that."
As Denver police, prosecutors and city leaders loudly maintained before and after nearly 54 percent of voters approved I-100 at the ballot box, authorities are continuing to prosecute marijuana possession cases under state law, just as they've long done with 95 percent of local pot busts.
First defendant
Now, Footer, backed by marijuana advocacy groups, vows to become the first defendant to legally challenge Denver's refusal to adhere to the legalization measure.
Accusing local officials of "thumbing their nose" at the will of the voters, Footer is refusing to pay the $200 of state fines and demanding his day in court, which could come next month.
"I was just angry and confused. I didn't understand how the [voter-passed] law could be in effect and not be enforced," Footer said. "It doesn't make sense. It either is or it isn't the law."
Footer's Nov. 17 marijuana violation -- coming one day after officials certified the election results -- sets up a legal collision between Denver's dueling marijuana laws.
On the one hand, there's the new Alcohol-Marijuana Equalization Initiative. On the other, state law.
It reignites a smoldering debate between the measure's sponsors and elected city leaders and law enforcement officials who strongly opposed the pot initiative and accused its supporters of misleading voters with signs proclaiming: "Make Denver SAFER."
I-100's sponsor, Safer Alternative for Enjoyable Recreation (SAFER), drew international coverage for making Denver the largest U.S. city to seemingly legalize marijuana possession by arguing that it was a safer alternative to alcohol, which pot boosters blame for fueling violent crime, deadly auto wrecks and addiction.
Legal support
Footer is turning for legal support to SAFER and another statewide marijuana advocacy group, Sensible Colorado, which backed a losing November ballot measure in Telluride to make adult pot possession the town marshal's lowest priority.
"This is about forcing the Denver police and the Denver DA to enforce this law and respect the will of the voters," said Brian Vicente, an attorney who heads Sensible Colorado. "Based on the passage of I-100, Mr. Footer made a reasonable assumption that adult marijuana possession was protected in Denver ... that law enforcement and the DA would follow the will of the people.
"This is a city ordinance now; it's not theoretical."