SAFERchoice Denver - Press Articles

The Colorado Statesman
09/09/05

Don’t count on Denver going to pot
Denver set to vote on marijuana legalization
By Heath Urie
(Return to Press Section)
Mason Tvert says he wants Denver residents to promote the public safety by giving adults who use alcohol a safer alternative — marijuana.

“People need to think of this as a public policy issue,” said Tvert, the full-time executive director of the Safer Alternative for Enjoyable Recreation (SAFER) marijuana legalization advocacy group. “Given that alcohol is far more harmful…it really doesn’t make sense to deny reasonable, intelligent adults the right to make the choice to use a less harmful substance.”
Tvert, a 23-year-old Denver resident who declined to say if he uses marijuana, might just get his wish if voters approve a ballot measure in November, but city officials say it would end up a symbolic victory.

The question for voters will be whether to legalize possession of one ounce or less for adults age 21 and older. The amendment to city law would also direct courts not to impose any jail sentences for minors who are caught with the same amount of marijuana, although they still would be ticketed.

The question will appear as "Initiative 100" on the November ballot for Denver residents. If approved, Denver would become the second city in the nation after Oakland, Calif. to legalize the drug.
But there's a big kink in Tvert's plan.

Currently, Denver city attorneys prosecute marijuana possession under state law, which classifies possession of less than an ounce as a Class 2 petty offense, punishable by a fine of up to $100.

Even if voters approve the amendment to Denver's city code, Assistant City Attorney David Broadwell said he plans to continue the city's current policy of prosecuting marijuana possession under state law.

"The substantial percentage of city marijuana prosecutions now are under the state law, not the city law," Broadwell said. "We have a standard penalty assessment ticket that's given for minor marijuana possession that cites the state statute under title 18, not the city ordinance. So it's already our practice to cite under state law anyway for adults."

But Tvert argues that city officials could choose to change that practice, and that they should, if voters approve the amendment.

"It's not whether the city can implement this, it's whether it will," Tvert said. "They don't have to prosecute under state law, they have the choice to send it to municipal court where it would likely be dropped under the city's ordinances. The city could just as easily enforce this despite state law."

Broadwell, who took part in the review and comments procedure prior to approving the language of the amendment last month, said he doesn't plan on changing his policy anytime soon.

"We pointed out to the proponents that even if they repeal city law, the state law remains in effect in Denver," Broadwell said. "The repeal of city law won't affect those tickets (for marijuana possession) unless the police suddenly decide to stop enforcement of the state law. So far, they've indicated it would not be their intent to do so.

"I know that the proponents of this initiative have indicated that if the people choose to amend the city ordinance, that (would) send a signal to decision makers about where their priorities should be. What they will or won't choose to do with it is at their discretion, I guess. This is what people mean when they say that the effects of a 'yes' or 'no' vote are somewhat symbolic, because the state law continues to be in play," said Broadwell.

He added that it's ultimately up to local law enforcement departments to decide how hard to force the issue of illegal drug possession in Denver.

"There are thousands of laws in the books at the state, federal and local level," Broadwell pointed out. "Where any particular law enforcement agency chooses to place its priorities depends on lots of different things. From a realistic standpoint... whether or not (a law) is emphasized or deemphasized as a law enforcement priority is a matter of management decisions that are made every day."

SAFER volunteers from the city and Colorado college chapters submitted 12,907 signatures of registered Denver voters to force the issue onto the ballot in November -- 5,383 signatures were required. The Denver Election Commission verified the signatures and put the initiative on hold for 25 days to allow potential contestations. None were filed.

When presented with the required number of valid signatures for an initiative, Denver City Council has two options; the council may vote to enact the initiative or vote to place it on an election ballot. In this case, the council voted 12-0 to place the issue on the ballot rather than to enact the changes itself.

"Those are our two choices, we have to choose one," said Denver City Councilwoman Peggy Lehmann. "It's on the ballot, and the people of Denver need to vote on it."

She added that she is "personally opposed" to the initiative, but would not say why. She said she has not heard any of the council members support it, either publicly or privately.

Tvert accused city officials and marijuana opponents of misleading the public about how effective the ballot measure could be.

"The city is discouraging its own people from taking part in their own political process," Tvert said. "They're telling the people that their votes don't count, that what they want doesn't matter and if their health and their safety is in jeopardy, they don't care. In our opinion, the next time an alcohol-related incident occurs, they should be guilty of gross negligence for not understanding this."

Denver Mayor John Hickenlooper also has expressed his opposition to the initiative.
"He's not supporting it," said Lindy Eichenbaum Lent, spokeswoman for the mayor. "It does not have support on city council either. They all, in holding a public hearing, expressed their dismay with it."
Lent reiterated that Denver prosecutes drug offenses under state law, not city code.
"Whether it passes or fails is really irrelevant because Denver will continue to follow state law, which is what it does currently," she said.

Tvert advocates the legalization of marijuana because, he says, it is a drug with fewer risks than alcohol. He also said people under the influence of marijuana are less dangerous than those who drink.
"We're getting a great amount of support, because people in this city are fed up with laws that force them to drink by not allowing them to make the safer choice to use marijuana instead of alcohol," Tvert said, pointing out that alcohol accounts for tens of thousands of deaths annually while there has never been a documented case of anyone dying from a marijuana overdose.

"Those 85,000 people who die every year of alcohol-related incidents for various reasons would not be dead if marijuana were the drug being used instead of alcohol," Tvert said.
Tvert dismisses claims that he and SAFER are advocating the use of marijuana, and says they simply want to legalize it for those who already partake. He maintains the drug is far less harmful than alcohol.
"The argument we often get is that we're encouraging the use of marijuana," he said. "Our reply to that is we're not encouraging the use of marijuana. In an ideal world, no one would use any drugs, but the fact is that marijuana is a prominently used substance, and alcohol is an even more prominently used substance. We're not trying to add a vice, we're trying to add an alternative."

A recent study conducted by the independent DrugStrategies research company in Washington, D.C., found the rate of alcohol and drug use in Denver is high compared with other major U.S. cities and with the national average. The study reported that, "Colorado adults report higher rates of illicit drug use, including marijuana, than the nation as a whole. Illicit drug use in both drinking and marijuana use were substantially higher in Denver, where 57 percent of high school students report past-month drinking, compared to 52 percent nationally. Thirty-nine percent of Denver high schoolers reported past-month marijuana use, compared with 25 percent nationally. Denver youth also were more likely to have started drug use at a young age."

Tvert said that, in the end, it's not really about whether the ballot measure passes in November that matters.
"This is about education, we want people to understand the facts," he said. "Our mission is not necessarily to pass an initiative, our mission is to educate the public about the harms of marijuana compared with alcohol."
(Return to Press Section)


	The Colorado Statesman 09/09/05 Don’t count on Denver going to pot Denver set to vote on marijuana legalization By Heath Urie (Return to Press Section) Mason Tvert says he wants Denver residents to promote the public safety by giving adults who use alcohol a safer alternative — marijuana. “People need to think of this as a public policy issue,” said Tvert, the full-time executive director of the Safer Alternative for Enjoyable Recreation (SAFER) marijuana legalization advocacy group. “Given that alcohol is far more harmful…it really doesn’t make sense to deny reasonable, intelligent adults the right to make the choice to use a less harmful substance.” Tvert, a 23-year-old Denver resident who declined to say if he uses marijuana, might just get his wish if voters approve a ballot measure in November, but city officials say it would end up a symbolic victory. The question for voters will be whether to legalize possession of one ounce or less for adults age 21 and older. The amendment to city law would also direct courts not to impose any jail sentences for minors who are caught with the same amount of marijuana, although they still would be ticketed. The question will appear as "Initiative 100" on the November ballot for Denver residents. If approved, Denver would become the second city in the nation after Oakland, Calif. to legalize the drug. But there's a big kink in Tvert's plan. Currently, Denver city attorneys prosecute marijuana possession under state law, which classifies possession of less than an ounce as a Class 2 petty offense, punishable by a fine of up to $100. Even if voters approve the amendment to Denver's city code, Assistant City Attorney David Broadwell said he plans to continue the city's current policy of prosecuting marijuana possession under state law. "The substantial percentage of city marijuana prosecutions now are under the state law, not the city law," Broadwell said. "We have a standard penalty assessment ticket that's given for minor marijuana possession that cites the state statute under title 18, not the city ordinance. So it's already our practice to cite under state law anyway for adults." But Tvert argues that city officials could choose to change that practice, and that they should, if voters approve the amendment. "It's not whether the city can implement this, it's whether it will," Tvert said. "They don't have to prosecute under state law, they have the choice to send it to municipal court where it would likely be dropped under the city's ordinances. The city could just as easily enforce this despite state law." Broadwell, who took part in the review and comments procedure prior to approving the language of the amendment last month, said he doesn't plan on changing his policy anytime soon. "We pointed out to the proponents that even if they repeal city law, the state law remains in effect in Denver," Broadwell said. "The repeal of city law won't affect those tickets (for marijuana possession) unless the police suddenly decide to stop enforcement of the state law. So far, they've indicated it would not be their intent to do so. "I know that the proponents of this initiative have indicated that if the people choose to amend the city ordinance, that (would) send a signal to decision makers about where their priorities should be. What they will or won't choose to do with it is at their discretion, I guess. This is what people mean when they say that the effects of a 'yes' or 'no' vote are somewhat symbolic, because the state law continues to be in play," said Broadwell. He added that it's ultimately up to local law enforcement departments to decide how hard to force the issue of illegal drug possession in Denver. "There are thousands of laws in the books at the state, federal and local level," Broadwell pointed out. "Where any particular law enforcement agency chooses to place its priorities depends on lots of different things. From a realistic standpoint... whether or not (a law) is emphasized or deemphasized as a law enforcement priority is a matter of management decisions that are made every day." SAFER volunteers from the city and Colorado college chapters submitted 12,907 signatures of registered Denver voters to force the issue onto the ballot in November -- 5,383 signatures were required. The Denver Election Commission verified the signatures and put the initiative on hold for 25 days to allow potential contestations. None were filed. When presented with the required number of valid signatures for an initiative, Denver City Council has two options; the council may vote to enact the initiative or vote to place it on an election ballot. In this case, the council voted 12-0 to place the issue on the ballot rather than to enact the changes itself. "Those are our two choices, we have to choose one," said Denver City Councilwoman Peggy Lehmann. "It's on the ballot, and the people of Denver need to vote on it." She added that she is "personally opposed" to the initiative, but would not say why. She said she has not heard any of the council members support it, either publicly or privately. Tvert accused city officials and marijuana opponents of misleading the public about how effective the ballot measure could be. "The city is discouraging its own people from taking part in their own political process," Tvert said. "They're telling the people that their votes don't count, that what they want doesn't matter and if their health and their safety is in jeopardy, they don't care. In our opinion, the next time an alcohol-related incident occurs, they should be guilty of gross negligence for not understanding this." Denver Mayor John Hickenlooper also has expressed his opposition to the initiative. "He's not supporting it," said Lindy Eichenbaum Lent, spokeswoman for the mayor. "It does not have support on city council either. They all, in holding a public hearing, expressed their dismay with it." Lent reiterated that Denver prosecutes drug offenses under state law, not city code. "Whether it passes or fails is really irrelevant because Denver will continue to follow state law, which is what it does currently," she said. Tvert advocates the legalization of marijuana because, he says, it is a drug with fewer risks than alcohol. He also said people under the influence of marijuana are less dangerous than those who drink. "We're getting a great amount of support, because people in this city are fed up with laws that force them to drink by not allowing them to make the safer choice to use marijuana instead of alcohol," Tvert said, pointing out that alcohol accounts for tens of thousands of deaths annually while there has never been a documented case of anyone dying from a marijuana overdose. "Those 85,000 people who die every year of alcohol-related incidents for various reasons would not be dead if marijuana were the drug being used instead of alcohol," Tvert said. Tvert dismisses claims that he and SAFER are advocating the use of marijuana, and says they simply want to legalize it for those who already partake. He maintains the drug is far less harmful than alcohol. "The argument we often get is that we're encouraging the use of marijuana," he said. "Our reply to that is we're not encouraging the use of marijuana. In an ideal world, no one would use any drugs, but the fact is that marijuana is a prominently used substance, and alcohol is an even more prominently used substance. We're not trying to add a vice, we're trying to add an alternative." A recent study conducted by the independent DrugStrategies research company in Washington, D.C., found the rate of alcohol and drug use in Denver is high compared with other major U.S. cities and with the national average. The study reported that, "Colorado adults report higher rates of illicit drug use, including marijuana, than the nation as a whole. Illicit drug use in both drinking and marijuana use were substantially higher in Denver, where 57 percent of high school students report past-month drinking, compared to 52 percent nationally. Thirty-nine percent of Denver high schoolers reported past-month marijuana use, compared with 25 percent nationally. Denver youth also were more likely to have started drug use at a young age." Tvert said that, in the end, it's not really about whether the ballot measure passes in November that matters. "This is about education, we want people to understand the facts," he said. "Our mission is not necessarily to pass an initiative, our mission is to educate the public about the harms of marijuana compared with alcohol." (Return to Press Section)