Boulder DA Dismisses All Minor Marijuana Possession Cases
Boulder County District Attorney Stan Garnett today announced his office will dismiss all pending cases charging adult possession of up to an ounce of marijuana and/or related drug paraphernalia.
District Attorney Stan Garnett will dismiss all pending criminal cases of possession of less than an ounce of marijuana, saying the overwhelming support for Amendment 64 in Boulder County makes it highly unlikely a jury would ever reach a guilty verdict in any of those cases.
"You've seen an end to mere possession cases in Boulder County under my office," Garnett said Wednesday, becoming the first Colorado district attorney to drop pot cases because Colorado voters approved Amendment 64 earlier this month.
Boulder police responded by announcing they will no longer issue citations for these offenses: [More...]
We will not be issuing any summonses for the offenses cited by the Boulder DA," Boulder police Chief Mark Beckner said Wednesday. "We had already told our officers it was a waste of time to issue summonses for those offenses anyway, given the passage of the amendment."
Garnett said Amendment 64's overwhelming approval by Boulder voters convinced him it was the ethical thing to do:
Given Amendment 64 passed by a more than 2-to-1 margin (in Boulder County), we concluded that it would be inappropriate for us to continue to prosecute simple possession of marijuana less than an ounce and paraphernalia for those over 21."
Also taking the same position: The Boulder County Sheriffs Office and University of Colorado police.
In nearby Longmont, where there is a municipal ordinance against marijuana possession, police say enforcement will cease.
"We are not going to be enforcing any law that is contrary to what Amendment 64 says, so we will not be charging or summonsing people 21 and over for possession of less than an ounce, Longmont Public Safety Chief Mike Butler said.
Gov. John Hickenlooper remains mired in worrying about the feds' response. He wrote a letter to AG Holder yesterday, after not getting a response during their phone call last Friday. As I wrote here, I think he should stop asking the feds for their reaction, and instead ask for their cooperation in implementing Amendment 64 and DOJ's support for new bills reforming federal law.
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