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Marijuana panel lacks voice of DA
12/22/07|Rockie Mountain News| by Tillie Fong, Rocky Mountain News

The Denver District Attorney's Office will not have a representative on a panel set up to ensure a marijuana decriminalization measure is enforced.

Initiative 100, which passed on the November ballot, created a city ordinance making private possession of marijuana by an adult Denver's lowest law-enforcement priority.

The measure also called for the mayor to appoint a 11- member panel, including a district attorney representative to offer recommendations to city officials.

The panel would review reports of all marijuana arrests by Denver police and of all marijuana prosecutions.

Friday, Mayor John Hickenlooper announced the appointment of 10 members to the panel, with the spot from the Denver District Attorney's Office vacant.

Lynn Kimbrough, spokeswoman for Denver District Attorney Mitch Morrisey, told Hickenlooper last week that his office would not be participate on the panel.

"The obligation of the panel is to dictate the prioritization of criminal prosecution. He has an oath that he would not let an outside body dictate when and how he prosecutes crime," Kimbrough said.

Mason Tvert, executive director of the group that put the marijuana measure on the ballot, called the DA's decision "unfortunate."

"This panel was created to help the city improve law enforcement efficiency and make Denver safer. I am baffled by the DA's decision to go out of his way to ensure his office is not contributing to the effort," Tvert said.

Members of the Marijuana Policy Review Panel are Denver City Councilman Doug Linkhart; Tvert; Brian Vicente; Crystal Noel, counselor with Empowerment; Paula Hammond, Project Safeguard; Mary Malatesia, representing the police department; Frank Moya, public defender; Sandy Mullins, executive director of Colorado Criminal Defense Bar; Phil Cherner, criminal defense attorney; Vince DiCroce, representing the city attorney's office.