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  Home Page » News » Man Hopes To Legalize Marijuana In Durango

Man hopes to legalize marijuana in Durango

Sensible Durango collecting signatures for 2010 ballot

by Shane Benjamin
Herald Staff Writer A group called Sensible Durango wants voters to decide in November 2010 whether to decriminalize marijuana - at least when it comes to the City Code.

Sensible Durango is gathering signatures from city voters in an effort to force a ballot question that asks: Should the city of Durango adopt "An Ordinance to Establish a Sensible Marijuana Policy in Durango" that would remove criminal penalties from the City Code for the private possession and use of marijuana by those 21 or older?

The possession limit would be 1 ounce.

The proposed ballot question is similar to one that passed earlier this week in Breckenridge, with 71 percent of the votes in favor. Denver approved a similar measure in 2007.

But they are largely symbolic measures, because the use or possession of marijuana remains illegal under state law unless individuals have medical approval.

Brian Vicente, executive director of Denver-based Sensible Colorado, said decriminalizing marijuana gives police discretion to decide whether to cite residents for marijuana.

"We're hoping (Breckenridge police) will choose not to use their discretion, to reflect the overall will of the voters," he said.

Efforts to reach a Durango Police Department spokeswoman for comment Friday afternoon were unsuccessful. City employees were on a furlough day Friday.

In order to trigger a vote in Durango, a certain percentage of registered voters must sign a petition.

Corey Chavez, 24, director of Sensible Durango, estimates about 1,200 city voters must sign the petition to force a vote. But he plans to collect about 4,000 signatures.

"I think Durango will be the next city to pass an initiative," Chavez said Friday.

Fifty-four percent of La Plata County voters approved Amendment 44 in 2007, which would have amended Colorado state law to remove all penalties for possession of up to 1 ounce of marijuana by adults 21 or older. The measure failed statewide.

By decriminalizing marijuana in Durango, Chavez hopes to start a discussion that will eventually lead to the legalization of marijuana statewide.

As communities across the state begin to legalize marijuana, voters will be better educated and more willing to approve a statewide measure next time it is presented, Vicente said.

"It's local communities like Durango that lead the way," Vicente said. "We can't sit back and wait for the state to take action. We have to take local action."

Chavez said he supports the legalization of marijuana because it is safer than alcohol and should be treated accordingly. Legalizing marijuana would take it out of the hands of the "black market" and allow the government to regulate it, he said. And that could generate tax revenue for the state.

"It's widely used and a very popular recreational substance," Chavez said. "People from all walks of life have experience with it and use it regularly."

When contacted Friday, City Manager Ron LeBlanc said he was unaware of the group's petition effort.

But he said it will be important to evaluate the initiative from a "community perspective" - possibly even creating a task force to evaluate various viewpoints and concerns on the part of residents.

When residents bypass the governing body by going to the voters, some details are overlooked, LeBlanc said. For example, it is possible the new law will conflict with existing laws.

If such a ballot measure were to pass, LeBlanc said he'd like to be ready to enact any new ordinance that may be necessary to prevent discrepancies or address other concerns.

If there is overwhelming support for the ballot measure, it may not be necessary to put it to a vote, LeBlanc said, because the governing body may wish to change the code itself.

shane@durangoherald.com

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