A Denver man and pro-marijuana activists are declaring victory for the new city ordinance allowing adults to possess less than an ounce of marijuana after the city attorney’s office dropped charges against the man for having marijuana and marijuana paraphernalia in his car.
Eric Footer, 39, a real estate consultant, was charged on Nov. 17, the day after the ordinance took effect, said he was happy the case is over and hopes it sends a message to others to fight prosecutions for marijuana possession.
“I see it as a personal victory,” said Footer, who says he uses marijuana to dull back pain, “but more than that, I see it as a victory for all the voters who voted on this initiative.”
In November, Denver voters approved a vote by a 54-46 margin making the adult private possession of less than an ounce of marijuana legal under city ordinances. It is still illegal under state and federal law.
Assistant city attorney Greg Rawlings said he declined to prosecute Footer not because of the controversy of a case that pitted a city ordinance versus a state law, but because the marijuana seized from Footer’s car by police was not taken properly.
“I couldn’t find a real reason for there to be a search,” said Rawlings, who noted he had other possession of marijuana cases he was continuing to prosecute.
“Office policy is to follow the state statute,” he said, adding that marijuana possession cases “are a lot of what we do.”
Footer’s attorney, Brian Vicente, said marijuana arrests are a waste of taxpayer dollars and divert police from more serious crimes such as those dealing with violence or property theft.
“I think this will send a strong message to Denver police that adults using marijuana responsibly will not be prosecuted,” said Vicente, executive director of Sensible Colorado, an organization that backed the marijuana initiative.
Denver police spokesman Sonny Jackson said while officers would review what happened in Footer’s case, they would not be deterred from making marijuana arrests for possession under an ounce.
“We’ve always enforced on the state statute,” Jackson said, “and will continue to do so.”
Mason Tvert, campaign director for Safer Alternative For Enjoyable Recreation (SAFER), a non-profit organization, said he believed the city dropped the case because of its media attention, not because of a bad search.
“He did give consent, so I don’t know how it was a bad search,” Tvert said of Footer’s incident. “I think they’re just caving under the pressure of the people of the city.”
Tvert, who said he believes marijuana is a safer choice than alcohol, said his organization as well as Vicente’s will continue to push for the legalization of marijuana use by adults on a state level.
Before Footer’s case was dismissed today, he said, they were tempted to make a public plea in court.
“We thought about asking for a show of hands of anyone in there on marijuana charges, and asking them to plead ‘not guilty,”‘ Tvert said, “but I didn’t think it would be proper court etiquette.”
Staff writer Amy Herdy can be reached at 303-820-1752 or aherdy@denverpost.com .
