Pubdate: Thu, 01 Dec 2005 Source: Rocky Mountain News (Denver, CO) Copyright: 2005, Denver Publishing Co. Contact: http://www.rockymountainnews.com/ Details: http://www.mapinc.org/media/371 Author: Alan Gathright, Rocky Mountain News Cited: Sensible Colorado http://www.sensiblecolorado.org Bookmark: http://www.mapinc.org/find?420 (Cannabis - Popular) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) POT FIGHT PLANNED OVER POSSESSION CITATION The first marijuana defendant to challenge Denver authorities' refusal to adhere to a voter-approved initiative legalizing adult pot possession entered the city courthouse today and demanded a Jan. 18 court hearing, vowing to plead not guilty to a police citation issued under state law. Outside courtside, Eric Footer said his motivation was to "help somebody else so they don't have to go through this." "I was under the impression that because the voters approved this that I wasn't doing anything illegal," the 39-year-old real estate consultant said, referring to the Nov. 1 passage of Initiative 100, which made it ostensibly legal in Denver for adults 21 years or older to posses 1 ounce or less of marijuana. "I'm a law-abiding citizen. I've never been in trouble with the law before and I just felt that it was a matter of principle," he said. City officials have said that because state law trumps a local ordinance they have no choice but to continue prosecuting violators under the state pot possession law. But Footer's defense team accused Denver authorities of ignoring the will of the voters as attorneys laid out their defense strategy. "With the passage of I-100, Mr. Footer made the good faith, reasonable assumption that the possession of small quantities of marijuana by responsible adults was now legal in Denver," said Brian Vicente, an attorney who heads the marijuana advocacy group, Sensible Colorado, and a member of Footer's three-attorney defense team. - --- MAP posted-by: Richard Lake