BRECKENRIDGE, Colo., Oct. 30, 2009

Breckenridge Considers Legalizing Pot

Voters to Decide if Colorado Town Will Decriminalize Possession as Medical Marijuana Movement Gains Steam

  •  (CBS/iStockphoto)

(AP)  Voters in this Rocky Mountain resort town will decide next week whether to legalize pot for all adults at a time when the movement to allow medical marijuana is gaining steam around the country.

A measure before Breckenridge voters in Tuesday's municipal election would legalize possession of up to 1 ounce of marijuana along with bongs, pipes and other pot paraphernalia. Supporters of the measure say it would inch the whole state closer to full legalization.

Other cities around the country have taken similar action in recent years, including a measure in Denver that decriminalized possession.

Local ordinances to allow some recreational marijuana use have passed in Seattle, San Francisco and other cities, though in all those places the law is considered symbolic because it conflicts with state and federal laws. Alaska allows possession of up to 4 ounces of marijuana in one's home, and advocates in California want to ask voters in next year's election to legalize pot.

Advocates say the Breckenridge proposal goes further than others because it allows paraphernalia as well. "I don't think there's anywhere else in the country that has legalized paraphernalia," said Bruce Mirken, a spokesman for the Washington-based Marijuana Policy Project.

As in most states, drug paraphernalia possession in Colorado is considered a petty offense. Though "head shops" selling bongs and pipes are common in Colorado, the wares are ostensibly for smoking tobacco. Paraphernalia charges are usually only filed along with possession charges. Both are misdemeanors punishable by a $100 fine and court fees.

The penalties aren't serious, but about 100 people a year in Breckenridge are cited for possession of either marijuana or paraphernalia, often both. Supporters of the effort say it's not right to leave small-time pot smokers with a criminal record.

"We don't want to spend our tax dollars prosecuting this, so we're saying, let's just stop it," said Sean McAllister, a Breckenridge attorney who proposed the ordinance. Supporters include a member of the town council and the Summit Daily News, which printed an editorial backing the idea.

Its prospects are strong. In 2006, a statewide ballot measure to make marijuana possession legal failed 59 percent to 41 percent. But among Breckenridge voters it won almost 3-to-1.

McAllister's attempt to put the legalization measure on ballots needed 495 signatures. He collected more than 1,500.

Breckenridge Police Chief Rick Holman has opposed the idea, saying the measure just sets up a conflict between town and state law. Pot possession would still be a state crime, but Breckenridge police officers would have to take users to the Summit County Sheriff's Department to be cited if the measure passes.

Critics also point out that Colorado already allows marijuana for medicinal use - though debate rages because pot shops aren't regulated by the state and are proliferating.

More than 10,000 people in Colorado are cleared to use medical marijuana, and more than 100 dispensaries have opened.

This week, Summit County imposed a 120-day moratorium on new medical marijuana dispensaries in unincorporated areas so it can figure out how to regulate them. At least six other Colorado counties and towns are considering or have moratoriums for that reason.

Breckenridge had a moratorium, but lifted it this month as the town released zoning guidelines to ban dispensaries from setting up shop near schools or in part of the tourist-friendly downtown.

The debate is playing out around the country as states struggle to figure out how to regulate and enforce medical marijuana laws. The federal government complicated matters earlier this month when the Justice Department told federal prosecutors that targeting medical marijuana users who comply with state laws was not a good use of their time.

Several Breckenridge residents heartily backed the local marijuana effort.

"People think it's a waste of time for the police to be prosecuting these people," said Elisabeth Lawrence, 30. Smoking pot, she said, is "not the worst thing in the world to be doing."

Nancy Skaj, a clerk at a Breckenridge grocery store, said the measure could be a boon for ski tourists who don't have clearance for medical marijuana. "With all the injuries people get skiing up here, instead of popping pills, they should just be doing this. It's a lot more natural," she said.

Backers have one main worry - the measure's timing.

Turnout for off-year municipal elections is often extremely light among Breckenridge's 3,300 or so voters. Election Day falls during the quiet weeks before the ski business picks up.

McAllister, who has two interns waving signs and passing out flyers in support of the measure, says he's confident the effort will send at least a message about what he calls the public's changing attitude toward marijuana.

"Prohibition ended by localities and states saying they didn't want it anymore. And that's exactly how marijuana prohibition is going to end - from the ground up," he said.


© MMIX, The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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by stuart-johns2 November 2, 2009 7:05 AM EST
Just legalize the shjt already. The majority of the world and the majority in this country smoke the stuff.

Will politicians ever see that they are elected to do our bidding and not the other way around? Just leave people alone.
Reply to this comment
by revraygreen October 31, 2009 10:13 PM EDT
95% of non-violent ADULT marijuana users are HEALTHY.

5% of us use it to stay healthy......2% live in medical states.

Why are people worried about healthy ADULTS using marijuana ?
Reply to this comment
by revraygreen October 31, 2009 10:09 PM EDT
Cannabis can replace 47 to 52 of the prescription and over-the-counter medicine that you are taking today.

A medical marijuana patient can be anyone already taking something prescribed or OTC that can replace their medicine with the natural.

85% + of all marijuana arrests are for marijuana possession, from this statistic, the age group of 40+ is on the increase. This means
many of them may be medical marijuana patients with no state protection for use/possession of medical cannabis.

These reporters and cops getting recommendations just to out a business are breaking the law.
Reply to this comment
by revraygreen October 31, 2009 10:08 PM EDT
http://macsworldlive.com/des-moines-local-live/carlolsen/

10/31/09 episode - ......­­.......

Iowa Board of Pharmacy Medical Marijuana Public Hearings promo-video

http://www.youtube.com/watch?v=XorlUPNQqq8
Reply to this comment
by bspdyz October 31, 2009 1:24 PM EDT
time for change , make it legal for all of us. i don't want to move.
Reply to this comment
by BeckieBest October 31, 2009 9:36 AM EDT
Marijuana is a crime with no victim.

Legalize it, control it, and tax it.
Reply to this comment
by AttentionDeficit October 31, 2009 7:14 AM EDT
If you grow your own, it is also a fine room air freshener
Reply to this comment
by October 31, 2009 3:40 AM EDT
Pot is an excellent pain reliever, Big Pharma has fought the legalization of it but the time has come for change.
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