Pubdate: Thu, 29 Nov 2012 Source: Pueblo Chieftain (CO) Copyright: 2012 The Pueblo Chieftain Contact: http://www.chieftain.com/ Details: http://www.mapinc.org/media/1613 Author: Matt Hildner Amendment 64 ALAMOSA DA BACKS OFF POT PROSECUTIONS Legalization by State Voters Means Prospects of Conviction Dim ALAMOSA - District Attorney David Mahonee said Wednesday he had informed law enforcement in his six-county jurisdiction that his office will not prosecute new arrests for possession of marijuana under an ounce. "I don't think I could get a jury to convict someone," he said. Colorado voters passed Amendment 64 in November, making it legal for people over 21 to possess up to an ounce of pot. The law will not take effect until Gov. John Hickenlooper signs a proclamation. He has 30 days from the certification of the state's election results. A spokesman for Colorado Secretary of State Scott Gessler said certification must take place by Dec. 6. But Mahonee, the top prosecutor for the San Luis Valley's six counties, reminded residents that the decision to not prosecute new possession cases did not apply to arrests for underage possession or driving under the influence of the drug, acts which were not legalized by the amendment. Pending possession cases won't be automatically dismissed but will be handled on a case-by-case basis, looking at the totality of the circumstances, he said. Mahonee did not have an estimate of how many pending cases remained in the judicial system but said it was not many. - --- MAP posted-by: Jay Bergstrom