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Title: Breckenridge, Colorado may legalize pot next week
Post by: 240 is Back on October 31, 2009, 07:58:16 PM
On Tuesday, Breckenridge, Colorado could become the latest American city to legalize recreational use of marijuana for adults.

The legalization measure, placed on the ballot after campaigners turned in a petition with almost three-times the number of signatures required, would also permit adults to posses bongs, pipes, bubblers and other so-called marijuana paraphernalia.

Allowing paraphernalia would be a first for U.S. voters, according to Marijuana Policy Project spokesman Bruce Mirken, who spoke with the Associated Press. "I don't think there's anywhere else in the country that has legalized paraphernalia," he said.

In Colorado, the current penalty for being caught with marijuana paraphernalia is $100.

According to Colorado's Summit Daily News, the Breckenridge petition needed 500 signatures, but over 1,400 were collected. If the measure passes, the town will remove all penalties for adults found in possession of up to one ounce.

http://rawstory.com/2009/10/breckenridge-colorado-voters-legalize-pot-paraphernalia/
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on October 31, 2009, 09:02:53 PM
It's going on and on.  It won't be long until the whole country is at least medical use legal.  In 3 to 5 it might be 100% legal like cigarettes. 
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Straw Man on October 31, 2009, 10:04:47 PM
On Tuesday, Breckenridge, Colorado could become the latest American city to legalize recreational use of marijuana for adults.

The legalization measure, placed on the ballot after campaigners turned in a petition with almost three-times the number of signatures required, would also permit adults to posses bongs, pipes, bubblers and other so-called marijuana paraphernalia.

Allowing paraphernalia would be a first for U.S. voters, according to Marijuana Policy Project spokesman Bruce Mirken, who spoke with the Associated Press. "I don't think there's anywhere else in the country that has legalized paraphernalia," he said.

In Colorado, the current penalty for being caught with marijuana paraphernalia is $100.

According to Colorado's Summit Daily News, the Breckenridge petition needed 500 signatures, but over 1,400 were collected. If the measure passes, the town will remove all penalties for adults found in possession of up to one ounce.

http://rawstory.com/2009/10/breckenridge-colorado-voters-legalize-pot-paraphernalia/

where else is recreational use legal.

I thought it was only "medicinal use" that was legal
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: shootfighter1 on November 01, 2009, 05:16:58 AM
I don't think they can pass this.  Recreational pot use is against the federal law (so is medical marijuana use but the pres said they wouldn't prosecute if the state allowed it...which I agree with).
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Skip8282 on November 01, 2009, 05:48:19 AM
I don't think they can pass this.  Recreational pot use is against the federal law (so is medical marijuana use but the pres said they wouldn't prosecute if the state allowed it...which I agree with).


As I understand it, they decriminalize it so there is no law on the books to charge people with a crime.  I suppose if a Fed caught you, they may prosecute, but I wouldn't think it likely, at least not for small amounts.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: George Whorewell on November 01, 2009, 09:55:21 AM
Will not happen.

The Federal Law always trumps state law. Medicinal use is one thing, recreational is another. 0% chance this passes.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Eyeball Chambers on November 01, 2009, 10:00:41 AM
Will not happen.

The Federal Law always trumps state law. Medicinal use is one thing, recreational is another. 0% chance this passes.

What's that got to do with whether or not it passes in their local election?  ???
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: George Whorewell on November 01, 2009, 10:08:27 AM
Because even if it passes, it won't be legal.

If one locality decides to pass a law allowing incestual marriages and recreational heroin use in violation of federal law, the localities decision will not be legal.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Eyeball Chambers on November 01, 2009, 10:43:59 AM
Because even if it passes, it won't be legal.

If one locality decides to pass a law allowing incestual marriages and recreational heroin use in violation of federal law, the localities decision will not be legal.

Yeah, I know.  I read where you said "0% chance this passes." and thought you were saying it wouldn't pass in their election because of federal laws.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Hugo Chavez on November 01, 2009, 10:44:55 AM
Because even if it passes, it won't be legal.

If one locality decides to pass a law allowing incestual marriages and recreational heroin use in violation of federal law, the localities decision will not be legal.
does federal law force local communities to have the laws?  Not that I know of.  So if communities all over start removing local laws against it, it mean state or the feds have to police the local communities for recreational use?  Are they going to do that?  What it does mean is that if a cop in that town finds somone with a joint, they're not going to charge them with it.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Eyeball Chambers on November 01, 2009, 03:40:24 PM
does federal law force local communities to have the laws?  Not that I know of.  So if communities all over start removing local laws against it, it mean state or the feds have to police the local communities for recreational use?  Are they going to do that?  What it does mean is that if a cop in that town finds somone with a joint, they're not going to charge them with it.

Yep, and the more localities to legalize it... the harder it will be for the feds to enforce...
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Straw Man on November 01, 2009, 03:47:41 PM
still haven't heard the name of one other city that has legalized it for recreational use

Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 03:51:44 PM
The article is kind of screwy. 
On Tuesday, Breckenridge, Colorado could become the latest American city to legalize recreational use of marijuana for adults.

The legalization measure, placed on the ballot after campaigners turned in a petition with almost three-times the number of signatures required, would also permit adults to posses bongs, pipes, bubblers and other so-called marijuana paraphernalia.

Allowing paraphernalia would be a first for U.S. voters, according to Marijuana Policy Project spokesman Bruce Mirken, who spoke with the Associated Press. "I don't think there's anywhere else in the country that has legalized paraphernalia," he said.

In Colorado, the current penalty for being caught with marijuana paraphernalia is $100.

According to Colorado's Summit Daily News, the Breckenridge petition needed 500 signatures, but over 1,400 were collected. If the measure passes, the town will remove all penalties for adults found in possession of up to one ounce.

http://rawstory.com/2009/10/breckenridge-colorado-voters-legalize-pot-paraphernalia/

California has head shops ever where. 

Maybe the article is flawed. 

Also if there were legalized Marijuana some place in the USA it would have been a big deal. 
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Hugo Chavez on November 01, 2009, 03:55:26 PM
still haven't heard the name of one other city that has legalized it for recreational use


Denver, Seattle, San Francisco and Alaska in your home.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: 2ND COMING on November 01, 2009, 04:00:27 PM
Denver, Seattle, San Francisco and Alaska in your home.

portland maine, the whole state of oregon, oakland cali.ect.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Hugo Chavez on November 01, 2009, 04:28:02 PM
portland maine, the whole state of oregon, oakland cali.ect.

enough to make a song :D
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 05:51:58 PM
No, they are legal for medical use.  NOT recreational use in those states.

You  must have a prescription from a doctor to purchase pot.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: 2ND COMING on November 01, 2009, 06:10:25 PM
No, they are legal for medical use.  NOT recreational use in those states.

You  must have a prescription from a doctor to purchase pot.

cmon..
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 06:19:32 PM
cmon..


I live in California.  I know what the laws regarding this mainly because i've been researching it a little bit lately.

The law is for medical purposes.  Anyone off the street can not go into a "Cannabis Club" or Medical marijuana dispensary with out a written perspiration that results in the patient getting a special cards that allows them into the clubs and dispensaries to purchase it for medical use.

That's the law.  The Law isn't that it can be done recreationally.

I cannot smoke it or possess with out a Cannabis card or i will be breaking the law and if a police officer caught me he'd give me a ticket or send me to jail depending on how much i was caught with. (> or < 28 grams and proximity to schools)

Marijuana is viewed by many as a elixir of sorts.  Something that treats or soothes many different ailments in insomnia and stress.  There's many stressed out people out there who i am sure "partake" in the treatment.   ;D

So this article is flawed.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: 2ND COMING on November 01, 2009, 06:30:05 PM
im busting balls.

I know its not legal anywhere, im sure hugo knew this aswell.

but its pretty much a given in those locations that pot laws are loosely enforced...

its also VERY easy to get one of those medi cards..

its a joke what these "patients" can get away with under the "law"
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 06:38:51 PM
im busting balls.

I know its not legal anywhere, im sure hugo knew this aswell.

but its pretty much a given in those locations that pot laws are loosely enforced...

its also VERY easy to get one of those medi cards..

its a joke what these "patients" can get away with under the "law"

Very easy.

$125 to visit a doctor where you tell him you have problems sleeping and then $30 for a card.  You can walk down venice beach and there are shops that run specials for "seeing" the doctor and joining their "Cannabis Club".  there are an estimated 500+ Clubs in LA alone.  In Arcadia, CA (far North)  it's estimated that 700 to 1000 or the 7000 homes in the city are grow houses.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: 2ND COMING on November 01, 2009, 06:46:49 PM
Very easy.

$125 to visit a doctor where you tell him you have problems sleeping and then $30 for a card.  You can walk down venice beach and there are shops that run specials for "seeing" the doctor and joining their "Cannabis Club".  there are an estimated 500+ Clubs in LA alone.  In Arcadia, CA (far North)  it's estimated that 700 to 1000 or the 7000 homes in the city are grow houses.

ok, now youre busted  :D
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 06:47:13 PM
ok, now youre busted  :D
:D   8)
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Hugo Chavez on November 01, 2009, 06:53:03 PM
No, they are legal for medical use.  NOT recreational use in those states.

You  must have a prescription from a doctor to purchase pot.
I don't know about all those places but I'm pretty sure you're wrong about Denver and I think Alaska.

http://www.usatoday.com/news/nation/2005-11-03-pot_x.htm

but yea I know you can still get busted from the state law being there.  But it doesn't originate from the city.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 06:58:37 PM
I don't know about all those places but I'm pretty sure you're wrong about Denver and I think Alaska.

http://www.usatoday.com/news/nation/2005-11-03-pot_x.htm

They are in the "figuring it out stage"

Here's something more current:
http://www.denverpost.com/opinion/ci_13680365 (http://www.denverpost.com/opinion/ci_13680365)

EDITORIAL
Legislature must address pot laws
State lawmakers need to create a regulatory structure for the production, quality and delivery of medical marijuana.

By The Denver Post
POSTED: 10/31/2009 01:00:00 AM MDT
UPDATED: 10/31/2009 06:17:09 AM MDT


Nature's Kiss co-owner Colin Gordon lights up in the Englewood dispensary's smoking room. He's licensed to use the drug for his back pain and plans to open a second medical-marijuana outlet. (Hyoung Chang, The Denver Post )

If there was any doubt that Colorado's medical marijuana law needs greater clarity and definition, a Colorado Court of Appeals ruling issued this week blew that equivocation away.

The court said a medical marijuana "caregiver" must be more than a grower, and also points out that under the current legal framework, growers have no legal way of providing medicinal pot to caregivers and patients.

What a mess.

State lawmakers need to create a regulatory structure that allows controlled marijuana production, regulates product quality and injects oversight into the process of designating those eligible to use medical marijuana and dispense it.

We also hope lawmakers will consider a fee structure that will recoup any government expenses incurred in creating a sensible framework.

Such a comprehensive effort, we think, will negate the need that some local governments are citing in coming up with their own regulations that are often too strict.

While some local rules are fine and even preferable in order to tailor operations to fit communities, a uniform and broad set of rules that fills in the blanks in how medical marijuana is produced, used and dispensed is preferable to a patchwork of potentially conflicting rules.

We hope the legislature takes on such an effort when it reconvenes in January and keeps in mind the intent of Amendment 20, which was passed by voters in 2000.

One of the broader problems, we think, is that Amendment 20 wasn't written to accommodate the explosion in medical marijuana use that has occurred, particularly in recent months. Frankly, we question whether the plethora of young people citing "severe pain" really are as anguished as they say, or if the real goal is to find a legal way to smoke pot.

While we favor marijuana legalization, Colorado voters did not cast ballots approving the legalization of marijuana. They voted to provide people with severe, unrelenting pain and illness an possible avenue of relief.

Legislators should not allow this vote of compassion to be twisted into something else. Some in the legislature have expressed hesitation in taking on the medical marijuana issue. We believe it is their duty to clarify and get a handle on the situation before it gets out of control.

Already, hundreds of Coloradans are applying for medical marijuana cards each day, and the number of dispensaries is growing rapidly.

People are concerned about the trade sprouting in their communities.

The legislature needs to give government the power to license, track and regulate dispensaries. There must be a provision for the legal production of medical marijuana.

There is no doubt that such regulation will spark a big, rancorous debate, but it's incumbent upon state legislators to take on this task and come up with sensible regulations that match voters' intent.


Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Hugo Chavez on November 01, 2009, 07:01:35 PM
right, but the point is, from city perspective it's legal to a point.  Of course those other factors coming into play to confuse things.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Hugo Chavez on November 01, 2009, 07:03:45 PM
oooh, I found a map :D

http://en.wikipedia.org/wiki/Places_that_have_decriminalized_non-medical_marijuana_in_the_United_States


In 1975, Alaska removed all penalties for possession of cannabis under 28.349 grams (one ounce) in one's residence or home. Sale of less than 28.349 grams is a misdemeanor, punishable by up to a year in jail and up to a $5,000 fine;[1] at the time, in most states sale of less than 28.349 grams was a felony offense.

With the 1975 Ravin v. State decision, the Alaska Supreme Court declared the state's anti-drug law unconstitutional with respect to possession of small amounts of cannabis, holding that the right to privacy guaranteed by the Constitution of Alaska outweighed the state's interest in banning the drug.[2] Ravin continues to be followed since the Alaska constitution has not been amended to prohibit, or permit the prohibition of, less than 28.349 grams of cannabis, an anti-cannabis initiative passed in 1990 and an anti-cannabis piece of legislation passed in 2006 remain inoperative.[3][4][5] This allows possession of fewer than 25 plants in one's residence or home.[1]
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 07:05:00 PM
right, but the point is, from city perspective it's legal to a point.  Of course those other factors coming into play to confuse things.

Legal for medical purposes with a prescription.  In no time at all, if it's not already, it will be like California.  It looks like Colorado is going through growing pains so to speak and are making adjustments.  That's what goes on here in Cali from time to time with each city/county.

Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Hugo Chavez on November 01, 2009, 07:06:17 PM
Legal for medical purposes with a prescription.  In no time at all, if it's not already, it will be like California.  It looks like Colorado is going through growing pains so to speak and are making adjustments.  That's what goes on here in Cali from time to time with each city/county.


ok, I missed that part.  Where did it say for medical purposes?  And also, explain Alaska?  posted above.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 07:10:47 PM
oooh, I found a map :D

http://en.wikipedia.org/wiki/Places_that_have_decriminalized_non-medical_marijuana_in_the_United_States


In 1975, Alaska removed all penalties for possession of cannabis under 28.349 grams (one ounce) in one's residence or home. Sale of less than 28.349 grams is a misdemeanor, punishable by up to a year in jail and up to a $5,000 fine;[1] at the time, in most states sale of less than 28.349 grams was a felony offense.

With the 1975 Ravin v. State decision, the Alaska Supreme Court declared the state's anti-drug law unconstitutional with respect to possession of small amounts of cannabis, holding that the right to privacy guaranteed by the Constitution of Alaska outweighed the state's interest in banning the drug.[2] Ravin continues to be followed since the Alaska constitution has not been amended to prohibit, or permit the prohibition of, less than 28.349 grams of cannabis, an anti-cannabis initiative passed in 1990 and an anti-cannabis piece of legislation passed in 2006 remain inoperative.[3][4][5] This allows possession of fewer than 25 plants in one's residence or home.[1]


I think the wiki entry is misleading:

For Alaska:

http://norml.org/index.cfm?wtm_view=&Group_ID=4522 (http://norml.org/index.cfm?wtm_view=&Group_ID=4522)

For Cali

http://norml.org/index.cfm?Group_ID=4525 (http://norml.org/index.cfm?Group_ID=4525)

Point is, we can call it legal when it can be possessed, bought and sold, like booze or cigarettes.  Far from it yet.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Hugo Chavez on November 01, 2009, 07:17:39 PM
Point is, we can call it legal when it can be possessed, bought and sold, like booze or cigarettes.  Far from it yet.
actually I didn't know that's what the point was.  I think we all knew that and you're right.  Just didn't know that's what we were talking about.  Posts on the first page suggest we were not.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 07:20:54 PM
actually I didn't know that's what the point was.  I think we all knew that and you're right.  Just didn't know that's what we were talking about.  Posts on the first page suggest we were not.

Yeah, been following Pots laws for a few weeks that's why the original article didn't make sense to me.

If you ever want to read up on current news here's a pretty good site:

http://www.cannabisnews.com/ (http://www.cannabisnews.com/)
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Hugo Chavez on November 01, 2009, 07:21:02 PM
I will say I was wrong in my post where I said the feds or state must be the ones to bust since Denver police are still busting on the state law.  I didn't know that part, but the points still stand for the local level, it's just that the law is trumped.  I still think there is validity in passing the local laws.  Obviously the state and federal laws will have a harder time standing with all the local laws against them.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Hugo Chavez on November 01, 2009, 07:23:46 PM
Yeah, been following Pots laws for a few weeks that's why the original article didn't make sense to me.

If you ever want to read up on current news here's a pretty good site:

http://www.cannabisnews.com/ (http://www.cannabisnews.com/)

I don't really care that much about it.  Just think it's very stupid to toss someone in jail for smoking pot.  I'd be much more interested in seeing hemp legal.  apparently you can do a lot of shit with that stuff and it looks like it would be a great crop for farmers with so many uses.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 07:25:18 PM
I will say I was wrong in my post where I said the feds or state must be the ones to bust since Denver police are still busting on the state law.  I didn't know that part, but the points still stand for the local level, it's just that the law is trumped.  I still think there is validity in passing the local laws.  Obviously the state and federal laws will have a harder time standing with all the local laws against them.

It's a weird time we are in.  I have friends who have Cannabis cards, who tell me it's no different than shopping.  Many clubs will even deliver.  When i was a Kid in the late 70's early 80's it was such a taboo criminal thing to do.

I predict in 3-5 years you will see a state legalize it.  
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 07:27:32 PM
I don't really care that much about it.  Just think it's very stupid to toss someone in jail for smoking pot.  I'd be much more interested in seeing hemp legal.  apparently you can do a lot of shit with that stuff and it looks like it would be a great crop for farmers with so many uses.

Yeah, me too.  I think it's stupid for people to go to jail for pot.  I'm researching it now, because there might be a business opportunity in it.  I think we are in a time similar to the years leading up to prohibition being over turned.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Hugo Chavez on November 01, 2009, 07:32:58 PM
It's a weird time we are in.  I have friends who have Cannabis cards, who tell me it's no different than shopping.  Many clubs will even deliver.  When i was a Kid in the late 70's early 80's it was such a taboo criminal thing to do.

I predict in 3-5 years you will see a state legalize it.  
I wonder what can be done about what the cops are doing in denver?  How can the voters pass an innitiative in Denver making pot the lowest priority for cops and have cops retaliate by increasing marijuana arrests?  The article says in 2007 they past that additional innitiative and the cops responded by increasing arrests.  The cops can just up and say, fuck you voters?
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: Hugo Chavez on November 01, 2009, 07:34:25 PM
Yeah, me too.  I think it's stupid for people to go to jail for pot.  I'm researching it now, because there might be a business opportunity in it.  I think we are in a time similar to the years leading up to prohibition being over turned.
wow, that's balls...  I wouldn't have the guts to do that.  cool Ozmo. 
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 07:37:00 PM
I wonder what can be done about what the cops are doing in denver?  How can the voters pass an innitiative in Denver making pot the lowest priority for cops and have cops retaliate by increasing marijuana arrests?  The article says in 2007 they past that additional innitiative and the cops responded by increasing arrests.  The cops can just up and say, fuck you voters?

I donno.  but here are Colorado's state laws:

http://norml.org/index.cfm?wtm_view=&Group_ID=4526 (http://norml.org/index.cfm?wtm_view=&Group_ID=4526)

So they have ways to bust you unless you have a card.  There are many instances in the US where people get busted even with cards and have to fight it, some winning and others losing.
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 07:39:00 PM
wow, that's balls...  I wouldn't have the guts to do that.  cool Ozmo. 

Thanks man,  I'm only doing it if its 100% Legal.  I'm just thinking, it's going to be legal sooner or later.  Why not provide and profit?
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: 2ND COMING on November 01, 2009, 07:47:57 PM
ozmo, what is the limit on the number of plants you can cultivate for personal use

im pretty sure you can grow hundreds of plants if youre a club owner or supplier ect.

Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 01, 2009, 08:03:53 PM
ozmo, what is the limit on the number of plants you can cultivate for personal use

im pretty sure you can grow hundreds of plants if youre a club owner or supplier ect.



In california it varies from county to county. The State Law says, 6 plants and 12 seedlings.  But some counties allow for more.  I believe NAPA county is 20 plants, Places like Humbolt and Mendecino is more. 
Title: Re: Breckenridge, Colorado may legalize pot next week
Post by: OzmO on November 02, 2009, 03:45:40 PM
By Kristen Wyatt, The Associated Press
Source: Associated Press

cannabis Breckenridge, Colo. -- Voters in this Rocky Mountain resort town will decide Tuesday whether to legalize pot for all adults at a time when the movement to allow medical marijuana is gaining steam around the country.

A measure before Breckenridge voters in a municipal election would legalize possession of up to 1 ounce of marijuana along with bongs, pipes and other pot paraphernalia. Supporters of the measure say it would inch the whole state closer to full legalization.

Other cities around the country have taken similar action in recent years, including a measure in Denver that decriminalized possession.

Local ordinances to allow some recreational marijuana use have passed in Seattle, San Francisco and other cities, though in all those places the law is considered symbolic because it conflicts with state and federal laws. Alaska allows possession of up to 4 ounces of marijuana in one's home, and advocates in California want to ask voters in next year's election to legalize pot.

Advocates say the Breckenridge proposal goes further than others because it allows paraphernalia as well.

"I don't think there's anywhere else in the country that has legalized paraphernalia," said Bruce Mirken, a spokesman for the Washington-based Marijuana Policy Project.

As in most states, drug-paraphernalia possession in Colorado is considered a petty offense. Though "head shops" selling bongs and pipes are common in Colorado, the wares are ostensibly for smoking tobacco. Paraphernalia charges are usually only filed along with possession charges. Both are misdemeanors punishable by a $100 fine and court fees.

The penalties aren't serious, but about 100 people a year in Breckenridge are cited for possession of either marijuana or paraphernalia, often both. Supporters of the effort say it's not right to leave small-time pot smokers with a criminal record.

"We don't want to spend our tax dollars prosecuting this, so we're saying, let's just stop it," said Sean McAllister, a Breckenridge attorney who proposed the ordinance.

Supporters include a member of the town council and the Summit Daily News, which printed an editorial backing the idea.

Its prospects are strong. In 2006, a statewide ballot measure to make marijuana possession legal failed 59 percent to 41 percent. But among Breckenridge voters it won almost 3-to-1.

McAllister's attempt to put the legalization measure on ballots needed 495 signatures. He collected more than 1,500.

Breckenridge Police Chief Rick Holman has opposed the idea, saying the measure just sets up a conflict between town and state law.

Pot possession would still be a state crime, but Breckenridge police officers would have to take users to the Summit County Sheriff's Department to be cited if the measure passes.

Critics also point out that Colorado already allows marijuana for medicinal use — though debate rages because pot shops aren't regulated by the state and are proliferating.

This week, Summit County imposed a 120-day moratorium on new medical-marijuana dispensaries in unincorporated areas so it can figure out how to regulate them.

The debate is playing out around the country as states struggle to figure out how to regulate and enforce medical-marijuana laws.

The federal government complicated matters earlier this month when the Justice Department told federal prosecutors that targeting medical-marijuana users who comply with state laws was not a good use of their time.

Nancy Skaj, a clerk at a Breckenridge grocery, said the measure could be a boon for ski tourists who don't have clearance for medical marijuana.

"With all the injuries people get skiing up here, instead of popping pills, they should just be doing this. It's a lot more natural," she said.

Backers have one main worry — the measure's timing.

Turnout for off-year municipal elections is often extremely light among Breckenridge's 3,300 or so voters. Election Day falls during the quiet weeks before the ski business picks up.

Source: Associated Press (Wire)
Author: Kristen Wyatt, The Associated Press
Published: November 2, 2009
Copyright: 2009 The Associated Press