Marijuana: Boulder DA drops pot, paraphernalia cases due to Amendment 64's passage

stan garnett image cropped.JPG
Stan Garnett.
Boulder District Attorney Stan Garnett has instructed his prosecutors to drop a handful of cases involving possession of less than an ounce of marijuana, as well as paraphernalia charges, for anyone over the age of 21.

The reason: the passage of Amendment 64, which has yet to be signed into law, but is expected to be inked soon.

Last week, prosecutors in Washington state made similar moves, dropping some 220 marijuana possession charges in the wake of the state's voters passing a legalization initiative in that state, as reported by Toke of the Town's Steve Elliott.

Although Boulder District Attorney spokeswoman Catherine Olguin didn't have any exact figures on how many cases were being dismissed, she guessed it was no more than a half-dozen. But that's a half-dozen cases the DA's office now won't have to expend resources to investigate -- and no state funds will be used in prosecuting them, either.

Thumbnail image for sean mcallister photo.jpg
Sean McAllister.
Up next, the police need to get on board and stop writing citations for these matters in the first place. And there are signs that that is happening as well. A Denver police representative tells us the department is waiting until the amendment is signed by Governor John Hickenlooper before making any policy shifts, but noted that the DPD is "very much aware" that changes will likely be coming.

So far, Boulder seems to be the only municipality to make such a move officially, although we are hearing anecdotal evidence that other counties may be shifting policies, too. Attorney Sean McAllister announced this morning that he was still "on Cloud 9" after having charges dropped against a client in Jefferson County earlier this week. "His weed, pipes, joints RETURNED to him from the state patrol," McAllister wrote in a Facebook post.

A rep from the Denver District Attorney's Office says personnel are starting talks this week on the issue. We also heard back from Jefferson County DA spokeswoman Pam Russell, who tells us her office is not dropping any cases yet. "The Governor has thirty days to certify the amendment," she writes. "We will revisit where we are at that time. There will likely be discussions and training about this change, but at this point, we are not changing anything."

Officials with Adams, Arapahoe and El Paso counties have not yet returned calls. We'll update this post if/when they do get back to us.

More from our Marijuana archive: "Marijuana: Rachel Maddow links Amendment 64 confusion to end of alcohol prohibition" and "Marijuana: Mexico sees Amendment 64 as way to moderate its pot policy, analyst says."

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99 comments
misskelleystutoring
misskelleystutoring

Pot is not my concern...hard drugs are...so if people think the law will give them a get.away.with.drug.abuse card those people are highly mistaken.

DonkeyHotay
DonkeyHotay topcommenter

The REAL STORY isn't the handful of over 21 yr-olds who got caught with a pathetic ounce, and who were NOT arrested but merely issued a summons,  nor were they facing ANY jail for their petty offense ....

 

... the REAL STORY is how many THOUSANDS of current marijuana cases are NOT BEING DISMISSED, because they were arbitrarily excluded by A64 from any coverage by being < 21 yrs old ...,or they possessed 29+ grams of pot ... or they were growing 3+ flowering plants ... or they sold so much as a single joint to their consenting adult pals.

 

How many Criminal Marijuana Cases REMAIN on the dockets due to the impotence of A64 ?

 

A64 = NO REDUCTIONS in ARRESTS for ANY Marijuana Crimes in Colorado !!

 

DonkeyHotay
DonkeyHotay topcommenter

Corrected Headline --  Not a Single Criminal Arrest Prevented by A64!

 

 

Nandoboom
Nandoboom

People want the freedom to smoke pot but are they responsible enough to smoke it and not cause problems? Marijuana is not for everybody. Well, happy holidays to everybody and get your gifts early http://thechno.notlong.com

pitchman101
pitchman101

Donky. Theres limits on things that are percieved as adults only. Under 21  are still able to use for medical issue's. Its currently limited becouse this was a first step in working toward complete legalization throughout the U.S.The medical end of Colorado's laws still exist. A64 has still offered more legal option's to your every day user of MJ that did not exist last year. Arguing with you about this issue of under 21 not being able to use is a waste of time and Although we dissagree on many things, I do believe your smarter then many of your opinions on these sites suggest.The medical end of A64 has not changed. There is now hundreds of thousands of people that were pursacuted just last month that can now aquire a product without fear of looking over there shoulder for the PD. The funds these people pay will in the very near future be helping our own needs here in the United states rather then helping fund a violent resistance by law enfourcment as well as issue's such as in Mexico were thousands have perished over the shipment of Marijuana into the U.S.

The issue of A64 is something that will continue for many more years as the Feds and local government sort out the many laws that will undoubtedly develop. This is a natural process Donky that has been going on ever since the idea of law was developed.

A64 is by no means the total answer in the unjust arrest's that have been going on for 40 yrs since Nixon did his thing!, but its better then wear we were last month and allthough our Federal government has shown a great lack in smarts regarding the MJ issue in the past, I'm thinking that the current attitude by the majority of the U.S citizens overwelmingly in favor of legalization, has given the writers of the current wave of amendments in favor of legalization  weather medical or for entertainment, Hope that the Federal government will soon have no choice but to work within the overall will of the people.

This being said, A64 has issue's but it still is the first step toward allowing the American public use a product that has been used for many years behind closed doors in potential fear of legal issue. Thats not the case very soon in two states.I suggest there WILL be many more states very soon.

  I  beleive the general public also understand there will be new laws written that will effect our lives based on A64 that will be both good and bad!. These new laws are a fight for the future. It does not take away from the fact that last month people were having legal issue regarding MJ and now they will not in the states of Colorado and Washington. I might ad that both states HAVE had Da's dismiss Marijuana cases in the past week since A64 was past.

Also, Funds will be distributed for the needs of our state Government and allthough its not a given in the amendment, do you realy think that the state law makers would not fund schools after the advertisment given to A64 and the suggestion of $40m going to schools?. It may not be $40M but the option now exists were last month, the funds went to cartels.

Great step for the American people that finaly two states have taken the first step to taking the issue of legalization of Marijuana out from behind closed doors. Main stream is were Marijuana should be and should have been for many years.

nemopunk15
nemopunk15 topcommenter

 DonkeyHotay. Yep these were special non crime tickets, where people faced fake fines, and fake trouble and fake court appearances and fake punishment. And fake jail time if they messed up dancing across the meat grinder that is our Justice system.

 

Clearly Donkey don't get it.

A-64 Just did one of the VERY things Donkey has ranted and raved it will never do. It just got 6 marijuana smokers out of trouble with the law.

DonkeyHotay
DonkeyHotay topcommenter

ALL of the CRIMINAL MARIJUANA cases are still being PROSECUTED !!

 

You ignorant bong-sucking stoners still have NO CLUE what A64 proposes, do you fucktards?

 

A64 will NOT PREVENT a SINGLE ARREST for ANY Marijuana Crime in Colorado!

 

The "10,000 arrested" -- as claimed by the A64 liars -- will STILL be Arrested, since they ALL FALL OUTSIDE A64's pathetically puny limits and arbitrary age restrictions.

 

 

CINX
CINX

There he is! Stubborn fucktards tend not to ever give up their positions in light of any evidence. The guy is throwing out cases. And basically said he won't prosecute these cases in the future. Therefore, if the cops continue to arrest it will be futile since they won't get prosecuted. I doubt they arrest anymore or at least not as much. So you're wrong and you're conspiracy theory has been debunked. Stone cold fucking wrong. But keep repeating yourself. You sound like a mental patient on some talking head idiot show on cable news. I mean, at what point do you just admit it? You lose, we win. Suck it, fuckface. 

DonkeyHotay
DonkeyHotay topcommenter

A64 does NOT reduce a SINGLE ARREST for Marijuana Crimes in Colorado.

 

 

mattleising
mattleising

I can't wait to hear from more counties dropping cases as well! 

DonkeyHotay
DonkeyHotay topcommenter

 @Nandoboom  Even the authors and promoters of A64 knew that Puerile Pot Clowns were not responsible or mature enough to not cause problems ... which is why they specifically DISALLOWED all Public Display or Use of marijuana in the amendment.

 

Puerile Pot Punks are as Puerile Pot Punks do !

.

DonkeyHotay
DonkeyHotay topcommenter

 @pitchman101  "There is [sic] now hundreds of thousands of people that were pursacuted [sic] just last month that can now aquire [sic] a product without fear of looking over there [sic] shoulder for the PD."

 

Only an illiterate Polack could be this stupid.

 

ALL of those "hundreds of thousands" who purchase or possess more than 1 pathetic ounce can still be Prosecuted under A64!

 

ALL of those "hundreds of thousands" who are < 21 and purchase or possess ANY amount can still be prosecuted under A64!

 

ALL of those "hundreds of thousands" of any age can still be prosecuted for FELONY sales, as A64 does not allow ANY SALES between private consenting adults. Not even a single gram,

 

ALL of those "hundreds of thousands" who grew the pot in the above transactions can still be prosecuted under A64, unless in your communist fantasy everyone who grows is operating a "3-Plant Farm"

 

A64 will reduce ZERO Arrests for Marijuana Crimes in Colorado !!

 

 

DonkeyHotay
DonkeyHotay topcommenter

@nemopunk15= dumber than a bucket of dirt ...

 ... very stupid dirt.

 

 @nemopunk15 "Yep these were special non crime tickets"

 

You finally got something correct -- these half-dozen all were NON-criminal summary offenses, where there was NO ARREST and NO JAIL time.

 

A64 does NOT prevent ANY ARRESTS for ACTUAL MARIJUANA CRIMES in Colorado.

 

A64's pathetic 1 ounce limit is HALF what is already decriminalized in Colorado.

 

A64 EXCLUDES EVERYONE under 21 from ANY coverage, so it will NOT REDUCE a single arrest -- or even a fine! -- for anyone under 21 years old!

 

 

CINX
CINX

 @DonkeyHotay The crimes dropped today are not being prosecuted anymore. So what exactly do you mean by "All of the CRIMINAL MARIJUANA cases are still being PROSECUTED?" You suck at logical reasoning or at admitting you are wrong about something. Either way, it's a huge character flaw and you should be embarrassed. I doubt you are since you are clearly a sociopath, but I suppose the attention is what you crave at the end of the day anyway. We engage you for some reason and for that we may be illogical too. 

DonkeyHotay
DonkeyHotay topcommenter

 @CINX  You really are an imbecile, aren't you?

 

No one possessing a pathetic ounce was ARRESTED or charged with a CRIME in Colorado -- it's ALREADY DECRIMINALIZED for EVERYONE !!

 

EVERYONE who WAS ARRESTED for an ACTUAL MARIJUANA CRIME is STILL BEING PROSECUTED -- BECAUSE they POSSESSED MORE THAN 2 (two) ounces!!  ... or were SELLING! ... or were growing more than 3 flowering plants ... ALL OF WHICH REMAIN ILLEGAL under A64 !!

nemopunk15
nemopunk15 topcommenter

 @DonkeyHotay Really? on the story about the DA dismissing cases because of A-64 you're going to continue your nonsense? 

 

 

DonkeyHotay
DonkeyHotay topcommenter

 @mattleising  ... the NON-Criminal summary offences, only for those over 21 ?

 

.... that have no bearing upon the 1000s of CRIMINAL marijuana cases that WILL NOT be dropped under A64 ?

 

A64 = a Fraud and a Sham, written for idiots and retards like Matt Leising.

 

nemopunk15
nemopunk15 topcommenter

 @DonkeyHotay  If there was no crime why was there a ticket? If there was no crime why was the DA given the case? If there was no Crime why did the cop write it up at all?

 

Oh that's right, these were tickets given for crimes that are no longer crimes thanks to A-64.

 

Please rant and spam about how these people do not really exist and how A-64 did not help them.

pitchman101
pitchman101

 @DonkeyHotay  @nemopunk15

 The DA's dismisal was reported by an attourney of one of the defendants. What do you think the cost of the atourney was even though the case was dismissed?. Now the ex defendant can spend his hard earned cash on maintaining his family's livelyhood instead of lining his atourneys pocket.

DonkeyHotay
DonkeyHotay topcommenter

 @CINX 

 

There were NO CRIMINAL charges dropped today. None of these people were facing CRIMINAL charges.

 

When you learn the difference between NON-criminal offenses and CRIMINAL offenses, get back to us, numbnuts.

 

Until then, keep sucking on that bong of ignorance!

 

CINX
CINX

 @DonkeyHotay Are you fucking serious. They just dropped all kinds of possession charges so CLEARLY PEOPLE WERE GETTING ARRESTED. Are you that fucking stupid or are you just a fucking asshole? 

DonkeyHotay
DonkeyHotay topcommenter

 @nemopunk15 -- So you finally admit that A64 will NOT reduce ANY Arrests for ANY Marijuana CRIMES in Colorado, eh?

 

 

 

btw -- the World has been talking about decriminalizing recreational drug use for DECADES ... that puerile stoners like you are just becoming aware of reality doesn't make it "new".

 

 

nemopunk15
nemopunk15 topcommenter

You clearly don't get it donkey. Colorado Voters approved A-64, and are already seeing the benefits of doing so. Your crazy rants and raves did nothing to further Marijuana Legalization in any way. A-64 passing has the whole world talking about the Drug War & Marijuana legalization. The issue is now front and center on the world stage because of Colorado and Washington Voters.

 

I get what A-64 does and does not do. Clearly you do not.

DonkeyHotay
DonkeyHotay topcommenter

 @pitchman101  "Now the ex defendant can spend his hard earned cash on ..."

 

More dope.

 

DonkeyHotay
DonkeyHotay topcommenter

 @CINX "Those people don't have to pay a fine anymore even for a fucking 1/8th you stupid jackass!"

 

What part of A64 EXCLUDES EVERYONE under 21 from ANY PROTECTION don't you comprehend?

 

Everyone under 21 with ANY AMOUNT still gets PUNKED in the ASS under A64!

 

Everyone over 21 with more than 1 (one) pathetic ounce still gets PUNKED in the ASS under A64!

 

Büch Dich! , you punk-ass bitch!

 

DonkeyHotay
DonkeyHotay topcommenter

@CINX"If a person without a medical card were caught growing 3 plants"

 

Ah yes! ... the Mythical 3-Plant Farmer !!

 

There has not been a SINGLE RECORD produced by the lying liars who pimped A64 of anyone over 21 years old being arrested and prosecuted in Colorado for only growing 3 flowering pot plants !!

 

Not One !!

 

Fact is, the 100s of Colorado citizens arrested, charged and prosecuted for Criminal Cultivation were ALL growing more than 3 fucking plants!

 

A64 = real-world arrest reduction ZERO!

 

DonkeyHotay
DonkeyHotay topcommenter

 @CINX " The only conclusion I can come to is that you are a black market dealer."

 

OMG!, did your mother raise you stupid, or is that a skill you developed on your own?

 

A64 does NOT allow ANY private sales between consenting Adults! -- they ALL remain "black market dealers".

 

ALL SALES remain FELONIES under Colorado Law -- even a single gram, or a single plant to your pals.

 

The Prison Industrial Complex will keep a cell waiting for inbred imbeciles like you.

 

 

 

 

CINX
CINX

 @DonkeyHotay The only conclusion I can come to is that you are a black market dealer. They, and certain medical establishments, are the only people I saw this opposed to 64 besides the firebreathing "save the children" crowd. I doubt you're one of those. 

DonkeyHotay
DonkeyHotay topcommenter

 @CINX  " I guess we will see as time goes by ..."

 

What part of ZERO reductions in Criminal Arrests don't you comprehend?

 

 @CINX " You lost at the polls"

 

Colorado Lost ... as did the "10,000+" marijuana users and growers who will STILL SUFFER arrest, prosecution and CRIMINAL RECORDS under A64 !!

 

With Fuckwits like you "promoting marijuana" ... who needs the DEA?

CINX
CINX

 @Monkey Whatever you experts say. I guess we will see as time goes by and the law actually comes into effect. Until then, keep telling everyone how they fucked up. You lost at the polls. It sucks to be a diehard anything so I know losing feels shitty. You'll get over it though. And we won't talk about other possible effects such as economic or setting examples for other states and countries. We will wait until much later to discuss those. 

CINX
CINX

 @DonkeyHotay Those people don't have to pay a fine anymore even for a fucking 1/8th you stupid jackass!

DonkeyHotay
DonkeyHotay topcommenter

 @CINX  How is being so pig-ignorant that you don't know the difference between a NON-criminal summons and actual CRIMINAL OFFENSES helping society?

 

A64 will NOT REDUCE a SINGLE ARREST for Marijuana CRIMES in Colorado !!

 

EVERYONE who was ARRESTED and PROSECUTED and JAILED for Marijuana Crimes in Colorado would STILL BE ARRESTED under A64 !!

 

A64 EXCLUDED EVERYONE under 21 from ANY COVERAGE!

Arrest statistics show that nearly 50% of those arrested for marijuana offenses in Colorado are under 21! 

 

How is this a "positive" for Colorado ??

CINX
CINX

 @DonkeyHotay Let's delve deeper into your nonsensical argument about this not changing anything. If a person without a medical card were caught growing 3 plants before 64 goes into effect, he or she would have been prosecuted, no? So now they will be allowed to with or without a card. I am sure that at least 1 person without a card was caught in the past year without a card....so again explain how this law affects no one. 

Monkey
Monkey

 @CINX  It is a positive effect, for about 0.0025% of the population. 

CINX
CINX

 @DonkeyHotay  @Monkey So those people would have had to pay a fine? Now they won't. Again, how is this not having a positive effect on those people? 

DonkeyHotay
DonkeyHotay topcommenter

 @CINX  @Monkey 

 

If they had gone to court on their NON-criminal summons, they would pay a $100 fine for their NON-criminal offense.

 

No Crime, No Jail.

 

You really ARE too stupid to know the difference between NON-criminal offenses and CRIMINAL offenses, aren't you?

 

Wow! 

 

CINX
CINX

 @Monkey So if they had gone to court and not been dismissed would they not have been prosecuted? Were they not charges? It says right in the article "paraphernalia charges." I'm not being a dick, I'm legitimately asking since the other asshole on here can't answer a question without trying to be a condescending prick.  

DonkeyHotay
DonkeyHotay topcommenter

 @CINX  " HAHAHAHAHAHAHAHAAAAAAAAAAAAAAAA. BAHAHAHAHAHAHAHAHA"

 

The vapid wail of another brain-baked bong-sucking stoner.

 

 

Monkey
Monkey

 @CINX  Possession charges include a mandatory court appearance. Therefore, all cases that haven't gone to court yet are pending. Those cases are dismissed. They were never criminal offenses.

CINX
CINX

 @DonkeyHotay Then why were charges pending? Explain it in simple terms for us nitwits please. WHY WERE CHARGES PENDING FOR THESE CASES OF LESS THAN AN OUNCE? Furthermore, why were paraphernalia charges dropped if this law doesn't impact anyone?  

DonkeyHotay
DonkeyHotay topcommenter

 @CINX You ignorant fuckwit -- POSSESSION of UNDER 1 ounce by those over 21 is NOT a CRIME.

 

In fact, possession of up to TWO (2) ounces is NOT A CRIME in Colorado, regardless of age!, under current statute.

 

 @CINX  = typical pig-ignorant imbecile who voted for A64 without even reading, much less comprehending what it proposed, or what current law already was.

 

CINX
CINX

 @DonkeyHotay "Boulder District Attorney Stan Garnett has instructed his prosecutors to drop a handful of cases involving possession of less than an ounce of marijuana, as well as paraphernalia charges, for anyone over the age of 21."

 

Try a reading comprehension course. It's clear as day. If your argument is that these were citations and not criminal charges, then why would they be prosecuted? WHY WOULD HE INSTRUCT PROSECUTORS TO DROP CHARGES? Like I said, you lack reason and logic. Or you read at a 3rd grade level. Again...embarrassed. 

DonkeyHotay
DonkeyHotay topcommenter

 @CINX " They just dropped all kinds of possession charges"

 

Are you really that ignorant?

 

They only dropped the PETTY OFFENSE possession charges, and only for those over 21 years old.

 

All Misdemeanor, Felony and under 21 yr old possession charges REMAIN.

 

Grow a brain you insipid imbecile.

 

 

DonkeyHotay
DonkeyHotay topcommenter

 @Chris  ". These charges were brought in criminal court,"

 

You = Epic FAIL!

 

 

Chris
Chris

@DonkeyHotay Everybody spot the dumbass. These charges were brought in criminal court, resulted in criminal records. But they were "NOT CRIMES YOO INSIPID IMBECILES, DUUURR!!!!!" LOL I see only one thing around here that is pathetically puny and it ain't a fat bag of weed. :)

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