Denver Man Challenges Pot Arrest After Voter Initiative


Denver real estate consultant Eric Footer was so convinced that local voters had legalized adult marijuana possession in the Nov. 1 election that he allowed police to search his car, where they found a pot-filled vitamin bottle, says the Rocky Mountain News. It happened the day after Initiative 100 was certified, ostensibly changing local law to allow adults 21 or older to possess 1 ounce or less of the weed. Footer, 39, described himself as confused and angered when he was cited for having the pot and a pipe.

As Denver police, prosecutors, and city leaders maintained before and after nearly 54 percent of voters approved I-100 at the ballot box, authorities are continuing to prosecute marijuana possession cases under state law, just as they’ve long done with 95 percent of local pot busts. Footer, backed by marijuana advocacy groups, vows to become the first defendant to challenge Denver’s refusal to adhere to the legalization measure. Assistant City Attorney Vince DiCroce said Denver is enforcing marijuana violations as it always has.


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