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So...is it legal or not?

pixelninja

Turbo Monkey
Jun 14, 2003
2,131
0
Denver, CO
Recently, Denver voters approved Initiative 100, which allows adults 21 or older to possess 1 ounce or less of weed. A day after the election, this man, Eric Footer, was charged with possession and fined under state law. He's refusing to pay the fine and is taking the city to court. It'll be interesting to see what happens. Does local law trump state law or the other way around? No matter who wins, I'm sure the losing side will end up taking this all the way to the Supreme Court.

http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_4279795,00.html
 

Ciaran

Fear my banana
Apr 5, 2004
9,843
8
So Cal
State law trumps city law... Federal law trumps state law. Untill the feds legalize it it's still illegal.
 

bikenweed

Turbo Monkey
Oct 21, 2004
2,435
0
Los Osos
It's still illegal in the eyes of the law and will be until you can buy an eighth from your local head shop. But hey, one small step forward is still a leap for mankind. Heck, just get yourself out of the US and you won't have any problems. Some people are just so conservative.

Didn't the marijuana law pass with a higher percentage than George Bush's approval rating?
 

Tenchiro

Attention K Mart Shoppers
Jul 19, 2002
5,407
0
New England
I would think that if weed were legal in a city, the city cops wouldn't be able to arrest. But state cops or federal marshals would be able to, you would have to be tried in a federal court though.
 

Transcend

My Nuts Are Flat
Apr 18, 2002
18,045
0
Towing the party line.
That is my take on it as well. Local city law enforcement would not be able to charge him...

The elected officials are supposed to uphold laws that the CITIZENS have voted on..not make them up as they go and change them at random (of course we all know this won't ever happen, especially in the US under the current administration).
 

LordOpie

MOTHER HEN
Oct 17, 2002
21,033
0
Denver
that guy's an idiot. If you actually know what I-100 is, then you'd think he'd be politically/legally aware enough to know it's still illegal... claiming ignorance is stupid.

How, Denver said they wouldn't prosecute someone strictly for weed, but tack it on when other offenses are being prosecuted.

It's been de-criminalized, so the cops should not enforce it by itself.
 

flatulant_man

Monkey
Jun 19, 2004
396
0
Food Fondlers' Convention
but what about the gay marriage thing in san francisco? i think, legally, while the dispute was hot, gay marriages were recognized withing the boundaries of San Francisco, even though federal law is higher. federal law is supposed to rule all, but that has me puzzled
 

Sherpa

Basking in fail.
Jan 28, 2004
2,240
0
Arkansaw
skatetokil said:
i've heard 14 in some places.
Here, in AR, it's 14 but the parents can still press charges. But, once your 16 your fair game I believe, or its a 3 year difference (ex 17and 20)