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Last week, reporter Joel Warner told you about marijuana advocate Mason Tvert's call for removal
from the Denver Marijuana Review Panel of fellow member Lieutenant
Ernie Martinez, head of the Colorado Drug Investigators Association.
Martinez's sin? He wrote a 2006 letter comparing marijuana legalization
to cancer.
Mayor John Hickenlooper, who appointed the members of the panel, rebuffed that demand through his office, prompting a press conference by Tvert protesting the decision prior to yesterday's panel meeting.
In addition, Tvert is upset at what he sees as the unjustifiably
high number of pot prosecutions in Denver despite the passage back in
2005 of a measure decriminalizing possession of up to one ounce of
marijuana by adults in the city.
Regarding
the press conference, Tvert says, "We held it at the Denver City and
County Building, and there were probably thirty folks there -- all of
them Colorado voters, many of them Denver voters. They made a large
sign that read, 'We are not a cancer. We are Colorado voters.'"
The placard was intended as "a message to Mayor Hickenlooper, who's
seeking statewide office," he continues. "It was a way of letting him
know that he needs to stand up for these voters -- voters who are
certainly not a cancer. Recent surveys have shown that there's about 50
percent support for making marijuana legal statewide, and about
two-thirds support in Denver. These are the people Lt. Martinez
referred to as a cancer, and we're concerned that Mayor Hickenlooper
would appoint someone like this to a panel dealing with marijuana
policy -- and we hope it's not a sign of things to come should he be
elected to statewide office."
In Tvert's view, placing Martinez on the panel "is on par with
appointing Tom Tancredo to the Latino Commission. This guy's mission
runs counter to the mission of the panel, which is legally charged with
implementing the measure to the greatest extent possible. After all,
he's the president of an organization that's outwardly fighting us at
every turn and calling us a cancer. If someone on the immigrant
commission said immigrants were a cancer on a society, there would be
outrage. And this should be no different."
Additionally, Tvert and his supporters created a mock-up of a Lowest Priority For Dummies
book on view here in reference to a statement released by
Hickenlooper's staff describing why Martinez shouldn't be removed from
the panel. That release reads:
The Marijuana Policy Review Panel (MPRP) intentionally
represents a variety of viewpoints, including those of Lt. Martinez.
The MPRP has 11 appointed positions (the appointment of the District
Attorney was declined) and there are 10 voting panelists in practice.
Lt. Martinez is one voice on the panel. Police officers and
recreational users of marijuana may, understandably, have very
different perspectives on the phrases "lowest law enforcement priority"
and "greatest extent possible." The role of the MPRP is to determine
what this ordinance means, in practice, after incorporating all
viewpoints -- not just those on one side of the debate. The MPRP's
upcoming report to City Council should shed more light on this matter.
To Tvert, the attempt by the Mayor's office to suggest differing
interpretations of the phrase "lowest law enforcement priority" is
"absurd. These are simple concepts. If police aren't pulling people
over for driving five miles per hour over the speed limit or for
jaywalking, they shouldn't be citing anyone for marijuana possession."
This subject was debated throughout the panel get-together that
followed the press conference. Lt. Martinez wasn't able to attend due
to a personal matter, but assistant city attorney Vince Dicroce was on
hand to provide data regarding the number of marijuana-possession cases
for adults 21 and over filed by the city attorney's office over the
past four years. And surprisingly, the totals are actually higher after
the decriminalization ordinance passed than before it. The numbers:
2005 -- 1,485
2006 -- 1,841
2007 -- 2,105
2008 -- 1,658
2009 -- 1,694
These totals frustrate Tvert for many reasons, not the least of
which is the example provided by Seattle, whose marijuana-possession
law is very similar to Denver's. Last month, the Seattle city attorney
announced that he would dismiss all pending marijuana-possession cases.
Moreover, Seattle's overall prosecution figures were already much lower
than Denver's -- just 62 marijuana-related cases filed during the first
six months of 2009.
Tvert says the marijuana panel called for such a dismissal of cases
in Denver "over a year ago," and he quotes Dicroce as saying that city
attorney David Fine could make a decision to do so if given the
go-ahead by Mayor Hickenlooper. However, such permission has not been
granted -- and as a result, Tvert says, "we're sending nearly 2,000
people a year through the Denver court system for something the
majority of people here don't think is a crime. It's just a waste, not
to mention the fact that these people are faced with having this on
their permanent criminal record. This flies in the face of the voters
and is a policy that most of the state no longer supports."
The next big project for the marijuana panel is what Tvert calls "an
analysis of what's been happening over the course of the years since
this passed -- what the costs have been, what the trends have been,
whether there have been any noticeable effects." But the early stages
of assembling the report, which will be made public in mid-August or
thereabouts, have been challenging because "the city and the city's
attorney's office has really obstructed us. They've been reluctant to
give us the data we need, and either they're not giving us the
information they have or they're completely incompetent and we have a
terrible city government structure. It's chaos."
In the immediate future, however, Tvert wants to keep the pressure
on Hickenlooper regarding Martinez and the continued
marijuana-possession prosecutions. If the mayor doesn't act to remedy
these situations, he sees the potential for negative repercussions on
his gubernatorial campaign.
"I'd much rather see Mayor Hickenlooper in office than Scott
McInnis," he concedes. "But you can't ignore that he's appointing
people with such extremist marijuana views. The panel is dedicated to
reducing marijuana arrests and prosecutions, and he's nominated someone
who wants to maintain marijuana arrests and prosecutions.
"There are now tens of thousands of medical marijuana patients in
Colorado, and thousands more who support the legalization of marijuana
for responsible adults statewide, and Mayor Hickenlooper needs to
recognize those voters. Many of them might not vote against him because
of his positions here, but they might refrain from giving him their
vote, and in a close election, that could make the difference. The
people of Denver have made it abundantly clear that they want this, and
yet he's been a roadblock to progress. It's time for a change." |