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History of Colorado Cannabis Reform

Initiated Question 100
Lowest Priority for Enforcement
Denver City and County ballot referendum
November 6, 2007

For: 57%
Against: 43%

AN ORDINANCE to Establish a Safer Marijuana Law Enforcement Policy in Denver

WHEREAS, a majority of Denver voters approved Initiative 100 in 2005, amending Denver city ordinances to remove all penalties for private adult marijuana use and possession;

WHEREAS, a majority of Denver voters approved Amendment 44 in 2006, which would have amended Colorado state law to remove all penalties for private adult marijuana use and possession;

WHEREAS, arrests for private adult marijuana use and possession have increased in Denver since the City's voters called for an end to such arrests;

WHEREAS, Denver and other Colorado taxpayers are burdened by the substantial costs of investigating, arresting, prosecuting and jailing people for charges involving marijuana use and possession;

WHEREAS, according to a 1994 study commissioned by the National Institute on Drug Abuse, marijuana is less addictive and less intoxicating than alcohol;

WHEREAS, according to the National Institutes of Health, more than 300 Americans die annually as the result of alcohol overdoses, and there has never been a single fatal marijuana overdose recorded in the medical literature, as noted by the British Medical Journal in September 2003;

WHEREAS, according to the U.S. Centers for Disease Control, alcohol use by Americans directly results in more than 20,000 deaths each year, and the use of marijuana directly results in zero deaths;

WHEREAS, according to U.S. Department of Justice, "About 3 million crimes occur each year in which victims perceive the offender to have been drinking at the time of the offense;"

WHEREAS, extensive research, documented in official reports by the British government's Advisory Council on the Misuse of Drugs and the Canadian Senate Special Committee on Illegal Drugs, among others, shows that -- unlike alcohol -- marijuana use is not generally a cause of violence or aggressive behavior and in fact tends to reduce violence and aggression;

WHEREAS, the Denver Metro Domestic Violence Fatality Review Committee reported in 2001 that nearly 50 percent of all incidents of domestic violence in Denver involve alcohol, and alcohol is a "predominant factor" in fatal cases of domestic violence;

WHEREAS, according to the Rape, Abuse and Incest National Network, "Alcohol is the most commonly used chemical in drug facilitated sexual assault;"

WHEREAS, organizations dedicated to studying and educating the public about sexual assault do not list marijuana as a substance associated with incidents;

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER

A new section Art. 5, Div. 3, Sec. 38-176 of the Denver Municipal Code is added to read as follows:

Art. 5, Div. 3, Sec. 38-176 Enforcement Priority -- Marijuana

A. The Denver Police Department and the City Attorney's Office shall make the investigation, arrest and prosecution of marijuana offenses, where the marijuana was intended for adult personal use, the City's lowest law enforcement priority.

B. "Adult personal use" is defined as the possession of less than one ounce of marijuana by an adult at least 21 years of age, where the marijuana is not used or displayed in public. The sale of marijuana for remuneration is not included in the definition of personal use and is subject to prosecution under existing state laws.

C. On or before December 31, 2007, the Mayor of the City of Denver shall appoint an eleven (11) member Marijuana Policy Review Panel to assess and report on the effects of this ordinance. The Panel shall consist of one (1) at-large member of the Denver City Council; two (2) residents of the City of Denver, as selected by the petitioner committee that initiated this ordinance; one (1) drug/alcohol abuse prevention counselor; one (1) member of the Denver Metro Domestic Violence Fatality Review Committee who is not also a member of law enforcement; one (1) representative of the Denver Police Department; three (3) criminal defense attorneys, one of whom shall be a public defender; one (1) representative of the Denver County District Attorney's Office; and one (1) representative of the Denver City Attorney's Office. The Mayor shall appoint members to vacancies on the Marijuana Policy Review Panel as necessary. Members shall serve terms in accordance with the bylaws established by the Panel at its first meeting. The primary purpose of this panel shall be to ensure that the ordinance described in this section is implemented to the greatest extent possible. The Marijuana Policy Review Panel shall:

1. Elect a chairperson and meet at least quarterly or more frequently as necessary. These meetings hall be open to the public and citizens may testify before the committee pursuant to rules established by the Panel;

2. By March 31, 2008, establish reporting criteria for the Denver Police Department and City Attorney's Office to report marijuana arrests and prosecutions; and

3. Submit a comprehensive written report with recommendations to the City Council that will include, but not be limited to, information concerning the public safety, public administration, public health and fiscal impacts of paragraph A., above. This report shall be completed and presented at the first meeting of the full City Council occurring at least six months after the receipt of the third report provided by the Denver Police Department to the Marijuana Review Panel pursuant to subparagraph D, below.

D. The Denver Police Department shall report all marijuana arrests, including any citations issued for marijuana use or possession, and the City Attorney's Office shall report all marijuana prosecutions, including those undertaken in Denver by the Denver County District Attorney's Office for arrests made in Denver, to the Marijuana Policy Review Panel on a semi-annual basis in compliance with the criteria established by the Panel pursuant to subparagraph C.2., above. In addition, the Denver Police Department shall report, according to the same semi-annual schedule, all arrests and citations for alcohol-related offenses and for offenses in which alcohol was cited as a contributing factor. The report in this paragraph shall cover the January 1 - June 30 and July 1 -
December 31 time periods, and shall be issued no later than 45 days after the end of each period.

E. Upon consideration of the report and recommendations submitted by the Marijuana Policy Review Panel pursuant to subparagraph C.3., above, the City Council may modify, repeal or let stand this ordinance. Otherwise, the panel shall exist until private adult possession of marijuana is legal under Colorado Revised Statutes and the Denver Revised Municipal Code.

F. Severability of provisions. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance or the application of the terms and provisions to other persons or circumstances shall not be affected.

Sponsor: Safer Denver