Denver DA to Drop Pending Marijuana Cases (Under 1 Ounce)
A day after Boulder DA Stan Garnett announced his office will drop pending marijuana cases involving adult possession of less than an ounce of marijuana, Denver District Attorney Mitch Morrissey announced his office will do the same.
There are about 70 cases pending in Denver that would fall under the amendment, Denver district attorney spokeswoman Lynn Kimbrough said Thursday. As those cases go through the court system, they will be reviewed for possible dismissal. This won't apply to cases where there is another charge or when the person is under age 21, she said. People who think their case may be dismissed still must appear at their court date, Kimbrough said.
The North Metro Drug Task Force remains opposed. Its latest argument: [More...]
"There's nothing that prohibits 100 people from combining each of their six plants in one grow facility," [Sgt. Jim] Gerhardt said. "It's just how many 21-year-olds or older will you have claiming the plants. You do not even have to be a resident of the state or of the U.S."
The Amendment does, however, prohibit individual cultivation for sale. What is allowed:
(b) possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale.
The news article says "Amendment 64 allows adults to grow up to six marijuana plants in their homes," but I don't see anything in the Amendment that requires an individual's cultivation to take place in one's home. So as long as the individuals are cultivating for their own use, what is the problem with a community garden, especially if each person's six plants are clearly marked with their name?
The North Metro Task Force should be more concerned with quickly getting regulations established for commercial growers and processors. Under the Amendment, it is not illegal for adults to purchase or transfer up to an ounce of marijuana. The following is allowed:
(a) possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana.
(c) transfer of one ounce or less of marijuana without remuneration to a person who is twenty-one years of age or older.
Since, there is nothing to stop a user from buying their ounce from a person who is illegally selling it, and sharing that pot with their friends, until licensed stores open, the black market is bound to continue to thrive. If ridding the community of organized illegal drug activity is the goal, the faster the licensing process occurs, the sooner progress towards that goal can be realized.
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