Pubdate: Sat, 17 Nov 2012
Source: Steamboat Today, The (CO)
Copyright: 2012 The Steamboat Pilot & Today
Contact: http://www.steamboattoday.com/submit/letters/
Website: http://www.steamboattoday.com/
Details: http://www.mapinc.org/media/1549

RESPECTING THE WILL OF THE PEOPLE

Petty is the word of the week in Routt County, describing both the
minor marijuana infractions that local law enforcement officers
appropriately no longer are citing, as well as the draconian decision
of 14th Judicial District Attorney Brett Barkey to move forward with
prosecution of pot cases still in the judicial system.

Barkey's announcement Thursday that his office will continue to
prosecute the handful of petty marijuana possession cases pending in
the 14th Judicial District's three counties - Routt, Moffat and Grand
- - appears to be a spiteful decision by a man who was a vocal opponent
of Amendment 64. We hope judges in the 14th Judicial District do a
better job respecting the will of the people than Barkey is.

Barkey's reasoning - "We have an obligation to enforce the law as it
is," he told a Steamboat Today reporter - sounds a lot like the stance
espoused by Weld County DA Ken Buck, another staunch opponent of
Amendment 64 who issued a statement this week justifying his own
decision to proceed with prosecuting petty marijuana offenses. Such
offenses are those involving possession of 2 ounces or less of
marijuana and possession of marijuana paraphernalia. Amendment 64,
once certified, will make it legal for Coloradans 21 and older to
possess as much as 1 ounce of marijuana. The law is expected to go
into effect no later than Jan. 1.

Buck went a step further, adding: "But more importantly, our office
prosecutes low-level possession cases to get drug users help with
their addictions."

It's safe to assume that a significant motivation for many voters who
supported Amendment 64 - it passed with 63 percent of the vote in
Routt County - is the unwarranted expense of taxpayer money and
government resources on pursuing and prosecuting cases involving small
amounts of marijuana for personal consumption. Further, we think many
Coloradans agree that the lasting effect of a marijuana conviction -
particularly one for a petty offense - on an individual's record is
far too harsh given society's general attitude toward the drug. After
all, we've come a long way since "Reefer Madness."

So why is Barkey so intent on prosecuting petty marijuana cases still
pending in the courts, particularly after the electorate clearly has
stated what it thinks about the seriousness, or lack thereof, of minor
marijuana possession? Barkey needs to be reminded that as the newly
elected district attorney, he is a public servant who should carry out
the will of the people he represents. Perhaps he should take a cue
from Steamboat Police Chief Joel Rae and Routt County Sheriff Garrett
Wiggins, who despite their personal opposition to Amendment 64
instructed their officers in the wake of Election Day to immediately
stop citing adults 21 and older for possession of less than 1 ounce of
marijuana.

Rae and Wiggins recognized the will of the people, which makes it all
the more baffling that Barkey hasn't.
- ---
MAP posted-by: Matt