Pubdate: Sun,18 Jul 2005
Source: Rocky Mountain News (Denver, CO)
Copyright: 2005, Denver Publishing Co.
Contact:  http://www.rockymountainnews.com/
Details: http://www.mapinc.org/media/371
Author: Ellen Miller, Special to the News
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

TELLURIDE CONSIDERING 'SENSIBLE' POT ORDINANCE

Telluride voters soon may decide whether enforcement of marijuana 
possession laws against adults should be the town's "lowest law enforcement 
priority."

A group of citizens has petitioned the town board to make possession of 
marijuana for "adult personal use" a low priority and to "make a statement 
to state government to tax and regulate it rather than prosecute it," said 
Ernest Eich, one of the chief backers.

He also said a recent U.S. Supreme Court ruling that state medical 
marijuana laws can be trumped by federal law "essentially held that states 
can't enforce laws discriminating" in this case users of marijuana for 
medical reasons.

"Medical marijuana is supported by a majority of the public," he said.

The Telluride ordinance would not discourage busting juveniles for pot, nor 
would it legalize selling it.

Seventh Judicial District Attorney Tom Raynes, whose sprawling district 
covers six counties including San Miguel, said the proposed ordinance 
"sounds like it's just making a statement.

"In Colorado now, possession is a petty offense for a joint, a small amount 
or paraphernalia."

And current law isn't enforced much anyway, Raynes said, provided the small 
amount of marijuana is the only potential offense against a person.

"I'd say 90 percent of what we do get comes from a DUI or bar fight, 
resulting from a search. And they're only petty offenses," he said.

Eich, however, said that conviction of a petty offense concerning marijuana 
"has federal ramifications, like you can't get student loans, and many jobs 
where there's a background check."

If the ordinance is approved, Telluride would join Seattle and other cities 
in enacting "sensible marijuana laws," said Allen St. Pierre, executive 
director of the National Organization for Reform of Marijuana Laws.

"It started back in the '70s in places with flagship universities, like 
Berkeley and Madison. It's spreading to ski towns.

In other places, small amounts aren't prosecuted by custom and tradition."

In September 2003 Seattle voters passed Initiative 75, requiring police and 
prosecutors to treat possession of small amounts as their lowest priority.

He also said that "given Colorado statutes, it's redundant in a way for a 
Colorado town to do anything more formal" other than to join other American 
communities in the "sensible" movement on marijuana.

Chief Marshal Mary Heller takes no position on the proposed ordinance.

"We're sworn to enforce the ordinances that the community possesses," 
Heller said.

"We'll have to assess it if it goes through, and the outcome will give us 
community input, which is very important to us."

The Town Council could adopt the petition as written, or it could send it 
to the voters in the town's next election Nov. 1, Town Clerk M.J. Schillaci 
said Friday.

Telluride By The Numbers

A group of citizens has asked the Telluride town board to make adult pot 
possession a low enforcement priority. The area's demographics:

Median age   31
White   93%
Black   0.4%
Hispanic   7%
College graduates   59%
Own home   36%
Rental   64%
Median home price   $567,000