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Lafayette Pulls Hike in Marijuana Fine
02.18.07|dailycamera

After the resignation of a backup judge and opposition from the American Civil Liberties Union, Lafayette has withdrawn an ordinance strengthening its marijuana laws.
The new law — which the City Council approved on first reading Feb. 6 — would repeal Lafayette's $100 fine for cannabis possession, increasing the possible penalty to the city's default maximum of a $1,000 fine and a year in jail.

On Friday, the city pulled final approval from the council's Tuesday agenda, instead scheduling a public workshop April 3 to discuss the issue further. If the council proceeds with the ordinance following that discussion, the approval process will start over and require votes at two more meetings.

Mayor Chris Berry said postponing consideration of the ordinance will give city leaders "more time to look at the issue and see how a lot of other communities are addressing it."

"I think it will give us some time to get some questions answered that may not have been asked," he said.

Backup municipal court Judge Leonard Frieling resigned last week in protest of the ordinance. City officials, however, said Frieling's departure will have little effect because he had not been called in more than a year, and a new associate municipal court judge was appointed in April.

Frieling said he has no regrets about severing ties with Lafayette, and he thinks he accomplished what he set out to do.

"I'm thrilled that they're not taking such a significant step without serious consideration," he said. "It drew a huge amount of positive attention to an important issue and resulted — at least for now — in the right thing happening."

The controversy drew attention from the national and state offices of the ACLU, said Judd Golden, chairman of the organization's Boulder County chapter. Golden said Lafayette has no justification for stiffer marijuana penalties, which would go against national sentiment toward decriminalizing the drug and invite infringement on suspects' civil liberties.

"The fact they said they need more information and analysis means apparently they think it's an open question," he said. "I'm sure all those who feel differently will be present to let their thoughts be known on April 3."

Marijuana-reform group Safer Alternative For Enjoyable Recreation joined with several other Colorado organizations to oppose the ordinance. SAFER executive director Mason Tvert said 53 percent of Lafayette voters last November supported Amendment 44 — which would have legalized adult possession of less than one ounce of marijuana — and he praised city officials for reconsidering a "drastic and unnecessary ordinance in light of strong public opposition."

Roger Buchholz, Lafayette's presiding municipal court judge, said the ordinance has been taken out of context to suggest a crackdown on marijuana. The overall process was really about comparing Lafayette's fines and fees with those imposed in other court systems and making changes such as increased warrant fees and a surcharge for community-justice programs, he said.

Buchholz said his intention was for the ordinance to specify that marijuana possession would not carry jail time, and he will support that provision as discussions continue. The irony, he said, is that Lafayette has been targeted as draconian when many other Front Range cities have municipal pot penalties as high as those being considered there.

"I don't think anybody realizes that what they're screaming about exists already in Thornton, Northglenn and all these other communities," he said.

 

t-1000

Finally we are seeing a trend here. The beuracratic bastards were just trying to squeeze more cash out of an already stepped on demographic. It's high time they get called on it!

Also, having other cities penalties higher makes no difference. That's why we get escalation of everything. Once they are all doing it they think it's not biggie, then someone steps it up again. We need the opposite!

Just as he said, there is national sentiment towards decriminalization.

lot of interesting headlines lately

Buzzby

And if you believe that, I've got some underwater real estate I'd like to sell you.

That's ten times what the state of Colorado would fine you for the same offense. The state possession law carries no jail time at all.

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reggie_the_dog

If I lived there and they changed this law I would leave town, even if it meant selling my house.