Pubdate: Tue, 04 Mar 2014
Source: Denver Post (CO)
Copyright: 2014 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Jon Murray
Page: 4A

ATTORNEY RESCINDS CLAIM THAT PUBLIC TOKING LEGAL

An attorney for Denver's 4/20 marijuana rally has "rescinded and
withdrawn" a controversial letter that said organizers would sanction
public smoking of pot at the event.

But Denver's city attorney on Monday asked organizers to clarify their
intentions - by agreeing to notify attendees that toking would violate
the law.

Attorney and activist Robert Corry's original letter, sent to city
officials last month, caused a stir. It left in question whether the
city will grant a needed permit to use Civic Center for the annual
event, planned for April 19-20.

That park permit still is under review while officials consider
Corry's correspondence and await answers to new questions, City
Attorney Scott Martinez confirmed Monday.

In his letter to Corry, Martinez wrote: "You stated in your February
20 letter that persons could attend the event and publicly consume
marijuana with impunity under the auspices of the permit. Do you no
longer maintain this position? Please advise."

Colorado's Amendment 64, which legalized the sale and use of
recreational marijuana, does not permit consumption of pot in public.

But in the initial letter, Corry wrote that the organizers, once they
secured a permit for the park, could allow public smoking.

He cited a part of Amendment 64 that gives any entity that "occupies,
owns or controls a property" the power to regulate marijuana use
there. A legal expert consulted by The Denver Post questioned Corry's
legal interpretation.

On Monday, Corry's new letter, in withdrawing his original missive,
blamed "selective and possibly self-serving misinterpretation" by
legalization opponents for the decision.

"Instead, to clarify, at this year's version of the 4/20 event," Corry
wrote, "organizers and participants will conduct ourselves in an
identical fashion to previous years' events," with no significant changes.

For years, organizers have left it up to attendees whether to smoke
marijuana. And Denver police have enforced the laws lightly, avoiding
aggressive crackdowns.

Few dispute that many attendees likely will smoke or consume pot
regardless of the city's official stance.

But since legal recreational cannabis sales began Jan. 1 - for the
first time anywhere in the world - there is more attention focused on
this year's 4/20 event in Denver.

Corry said organizers apologized for any confusion caused by their
first letter. They were reacting, he wrote Monday, to suggestions by
some, including City Councilman Charlie Brown, that police should
crack down more at this year's event.

"We realize now that we should not have taken that bait," Corry
wrote.

Martinez, for his part, did not seem satisfied.

"Do you mean to say that the organizers will make no attempt to
control the unlawful public consumption of marijuana by attendees at
the 2014 event?" the city attorney wrote.

An attempt to reach Corry on Monday afternoon was not immediately
successful.

Corry had said organizers would distribute his first letter widely to
provide anyone cited for marijuana related offenses with "a plausible
defense."

Martinez asked for an assurance that they will "explicitly forswear
any promotion of any unlawful activity" and will promote that public
consumption of marijuana would be unlawful.
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MAP posted-by: Matt