Marijuana: Denver DA Mitch Morrissey to drop pot cases legal under Amendment 64

Categories: Marijuana

Boulder ACLU letter:
To: Boulder City Attorney, Boulder City Council, Boulder Chief of Police
From: Boulder County ACLU

Subj: City Should Dismiss Pending Marijuana Possession Cases

The Boulder County Chapter of the ACLU of Colorado urges Boulder to follow Boulder County and Denver and dismiss any pending Boulder city criminal cases against people over 21 charged with possession of small amounts of marijuana.

The voters of Boulder overwhelmingly supported Amendment 64. It will make possession of one ounce or less of marijuana legal in Colorado for those over 21 when signed by the Governor in a few weeks.

The ACLU of Colorado also supported this measure. Marijuana prohibition denies civil liberties and disproportionately impacts minorities.

Boulder County DA Stan Garnett said today he will end all prosecutions for marijuana possession. The Boulder City Attorney should do the same, with the support of City Council.

The ACLU is pleased that Boulder Police Chief Mark Beckner agrees, as stated in today's Daily Camera:

"We will not be issuing any summonses for the offenses cited by the Boulder DA," Beckner said. "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."


Boulder City Attorney Tom Carr responded to the ACLU's request below by noting that the City of Boulder does not have a separate city ordinance against possession of marijuana. Marijuana possession cases charged by the Boulder Police are prosecuted by the District Attorney, who said today that there will be no more prosecutions and pending cases will be dismissed.

This makes the decision of Boulder Police Chief Mark Beckner to stop charging people with simple possession of marijuana all the more significant.

However, some Boulder County cities, like Lafayette and Longmont, do have city ordinances criminalizing marijuana possession or possession of marijuana paraphernalia.

The ACLU urges prosecutors and law enforcement in these and all municipalities in Boulder County to follow the lead of the District Attorney and the Boulder Police Chief and dismiss any pending marijuana possession and paraphernalia charges, and to not file future charges, for conduct that will become constitutionally protected under Amendment 64.

Boulder County ACLU

by Judd Golden, Chapter Chair

More from our Marijuana archive: "Marijuana: Boulder DA drops pot, paraphernalia cases due to Amendment 64's passage."

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