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Boulder County DA Dismissing Marijuana Cases Post-Amendment 64

That in a brief statement today on Boulder County DA Stan Garnett’s Facebook page:

Amendment 64 passed in Boulder County, 66%-33%; accordingly, the 20th JD DA’s office will dismiss all pending possession of MJ less than an ounce, and MJ paraphenalia cases, for defendants over the age of 21. Cases of driving under the influence of MJ (or any other drug, including alcohol) remain a top priority.

It’s the first such move in Colorado, coming after a number of prosecutors in Washington state took similar action in the wake of that state’s passage of Initiative 502. In response to questions from John Schroyer of the Colorado Springs paper, Garnett says he’s not waiting:

Gazette John Schroyer: Does this mean you’re dismissing them starting now? Today? Or does “will dismiss” mean starting once Gov. Hickenlooper signs the amendment into the constitution?

Stan Garnett: Immediately, John. My senior staff and I have concluded that we have no reasonable likelihood of securing a unanimous jury verdict of guilty on such cases, which is the ethical standard that applies to commencing or maintaining a criminal prosecution in Colorado.

We expect Garnett’s action will not be the last, but it’s the first real action taken after passage of Amendment 64 we know of. Politically, it’s a bold move for Garnett to be the vanguard on this issue, but it could pay significant dividends. We recall Garnett’s run for Attorney General in 2010, and it’s a good bet he’ll endear himself to lots of statewide voters by being the first Colorado prosecutor to put Amendment 64 into practical effect–dropping marijuana possession charges on the grounds that convictions are no longer possible (or appropriate).

Perhaps it will incentivize Gov. John Hickenlooper to grow some spine of his own.

Petition for Obama on Marijuana Policy…Growing

As The Huffington Post explains:

On Monday, politics columnist and KHOW talk-show host David Sirota, filed a petition through the Obama administration’s “We the People” program on the White House website requesting the president support a federal law to protect marijuana legalization in Colorado and Washington and any other states that decide to pass similar laws in the future…

…Less than 24 hours since Sirota started the petition it has nearly 10,000 signatures, but the petition needs a total 25,000 to reach its goal. Read the full petition here.

The congressional proposal that Sirota references is regarding the proposed legislation that Colorado Reps Diana DeGette (CD1), Ed Perlmutter (CD7) and Jared Polis (CD2) are working on independently and together that would exempt states that pass marijuana legalization legislation from the federal Controlled Substances Act, The Colorado Independent reported over the weekend.

Here’s the link for the petition. Last week’s election results have put Colorado front and center on the marijuana legalization fight.

House Democratic Majority Leadership Elections Today

UPDATE #3: From Speaker-designee Mark Ferrandino’s email to supporters moments ago:

With your help, on Tuesday night we were able to not only win back the majority in the Colorado State House, but do it with a broad margin. While all that is needed for Majority is 33 seats, we will enter the January session with 37 members.

We know that the election is just a beginning. We have much work to do keep our economy moving forward and restore the hope that Coloradoans have in their government.  We do not take the responsibility lightly. Through collaboration with our Republican colleagues, the state House is going to accomplish great things for Colorado by working with Governor Hickenlooper and the state Senate.

We are going to take any idea – Democratic, Republican, Independent – that will move Colorado forward. It was clear on Tuesday night that the people of Colorado rejected the politics of gridlock and hyperpartisanship that brought the business of the people to a halt in this last year. Democrats are going to lead in a different direction – forward.

—–

UPDATE #2: FOX 31’s Eli Stokols:

Colorado Democrats elected Rep. Mark Ferrandino to be the new Speaker of the House Thursday – the first time in state history that a gay lawmaker will preside over the Colorado House of Representatives.

Democrats won control of the House in Tuesday’s elections.

Ferrandino, D-Denver, previously served as the minority leader, and was easily promoted to the top power spot by his fellow Democrats.

Choking up he told his fellow lawmakers “I couldn’t dream when I was in high school that I’d be standing here.”

But equality wasn’t the only winner on Tuesday, Ferrandino said. The large 37-28 majority taken by Democrats in the House was also a boon for Ferrandino’s party.

“We (Democrats) were in good position to take back the majority,” Ferrandino said. “We only needed one seat, and we hoped we’d get that and a little more. But we didn’t think every competitive seat would go our way.”

—–

UPDATE: Rep. Mark Ferrandino elected Speaker; Rep. Dickey Lee Hullinghorst elected House Majority Leader, Rep. Dan Pabon as assistant majority leader.

—–

At 10AM this morning, the newly-elected Colorado House Democratic Majority will join together for the first time to elect their caucus’ leadership. Rep. Mark Ferrandino is expected to become the state’s first openly gay Speaker of the Colorado House.

We’ll update with statements, other elected leadership once available.

Colorado Loves You, Mary Jane

Kicking off coverage of the passage of Amendment 64 yesterday, the constitutional amendment legalizing marijuana for recreational purposes in this state, naturally we begin with Westword:

Proponent Mason Tvert, speaking amid a boisterous celebration at the measure’s victory party, puts the historic achievement in perspective.

“This shows that Coloradans are ready to move beyond marijuana prohibition,” he says. “They demonstrated it tonight by approving Amendment 64.

“Eighty years ago, Colorado voters approved a repeal of alcohol prohibition, demonstrating a desire to take a more sensible approach to how we treat alcohol,” he continues. “It doesn’t come as a surprise that they’re now taking sensible steps when it comes to the way we treat marijuana.”

…Implementing Amendment 64 will be a challenge, given that Colorado’s law, as altered by the act, will directly contradict with federal policy, which continues to treat marijuana as illegal. However, he says, “we look forward to discussions with state and federal officials. We’re looking forward to working with them — and looking forward to seeing that marijuana is regulated and treated in a sensible fashion.”

FOX 31:

In a statement that was also issued last night, Governor John Hickenlooper explained how the transition will not be an easy one saying, “don’t break out the Cheetos and gold fish too quickly.”

Colorado’s Attorney General John Suthers also issued a response to the new legislation on Wednesday morning.

“Despite my strongly held belief that the ‘legalization’ of marijuana on a state level is very bad public policy, voters can be assured that the Attorney General’s Office will move forward in assisting the pertinent executive branch agencies to implement this new provision in the Colorado Constitution,” Suthers wrote.

KRDO-TV reports, there are still many unresolved questions:

Attorney General John Suthers released the following statement regarding taxation of the drug:

“The proponents of Amendment 64 told voters that it imposed a surtax of up to 15 % on marijuana sale that would result in up to $40 million each year going to K-12 schools in the state. In fact Amendment 64 did not comply with required language under the Taxpayers Bill of Rights and no such tax will be imposed. Instead it will be up to the Colorado Legislature whether to refer such a tax to the voters and up to the voters of Colorado whether to actually impose the tax. Therefore, such revenue is speculative and will not be forthcoming when Amendment 64 begins to be implemented.”

When state and federal laws conflict, federal law takes precedence. Federal authorities could sue in an attempt to block the measures in Colorado and Washington from taking effect.

It’s anybody’s guess what the federal government will do about Amendment 64, though many we’ve talked to do expect a suit by the feds attempting to block all or part of the amendment from taking effect. Depending on what happens with that, as FOX 31 reports, the Colorado General Assembly will be responsible for passing implementing legislation regulating the recreational sale of marijuana–and as Attorney General John Suthers asserts above, it may be necessary to refer a tax measure to voters to fulfill the fiscal part of Amendment 64’s promise.

It’s likely that the provisions for the sale and taxation of marijuana will prove more difficult to work out than the heart of the amendment, legalizing personal possession of up to one ounce or six plants. The state already has some experience with commercial sale of marijuana in the form of dispensaries for medical marijuana patients, experience that could help develop the model.

Whatever happens, we’re definitely in uncharted territory. A poll follows.

Eli Stokols Pops Right-Wing Media’s Bubble

FOX 31’s Eli Stokols is out this morning with his list of winners and losers from last night’s election–we’re working on our own as well, and hope to have it up soon. In the meantime, we wanted to call attention to the final “loser” on Stokols’ list, which we think contains a vital lesson for Republicans attempting to process and rationalize yesterday’s many defeats:

Conservative media: Conservatives have grown so distrustful of everything they are told by the mainstream media, it becomes easy for them to fall into the trap of assuming that polls showing Obama winning are inherently flawed. Even last night, when any political novice could tell that the president was on his way to reelection based solely on the early indications from a number of eastern states, Karl Rove, sitting on the Fox News Channel set, refused to accept the network’s conclusion that Obama had won Ohio. His on-air tantrum became an instant YouTube sensation, a flashpoint of conservative anger that encapsulated the ugly truth that conservatives had long been living inside a Fox News Channel/Rush Limbaugh bubble, failing to acknowledge any events or viewpoints that didn’t mesh with their own conservative ideology and political fantasies.

Viewers and listeners so wrapped up inside that bubble with obsessive coverage of Benghazi didn’t realize how out of line they were with the rest of the country. In Colorado, conservatives dismissing the work of pollster Chris Keating on the grounds that he’s worked for Hickenlooper and Udall, overlooked a series of polls that were spot-on. A day before the election, Keating had Obama leading Romney 50-46; it was a four-point win for Obama, 52-48, in the end. [Pols emphasis]

Living within that conservative echo chamber doesn’t seem to serve viewers all that well, given that insulating oneself from reality only works for so long. Feigning confidence, hoping it’ll become a self-fulfilling prophecy, while ignoring or dismissing massive amounts of polling data because it doesn’t add up to a positive outcome – none of it seems to serve viewers all that well in the end, much less American democracy. Even the Romney campaign was drinking the conservative media Kool-Aid, with aides acknowledging Wednesday what was plainly evident from the candidate’s halfhearted, hastily thrown together concession speech – that they truly expected they would win.

As Rick Perry said, “Oops.”

Hancock as Huddles: It’s the Narrative that Matters

Denver Mayor Michael Hancock has never been one to conceal the personal narrative driving his political ambitions. He relied heavily on that narrative during his mayoral bid last year, seamlessly weaving his decades of history growing up in Denver into his plan for Denver’s future. Indeed, Hancock’s compelling personal story humanized the candidate — something Chris Romer, the privileged son of a governor, always struggled with — and likely cemented his win during the run-off election.

That story became even more compelling this week, with ESPN’s revelation that Denver’s mayor once served in an arguably higher-profile role: as Huddles, the mascot of the Denver Broncos.

From Michael Roberts at Westword:

During ESPN’s pre-game build-up to last night’s error-filled Broncos loss to the Falcons, past Westword profile subject Rick Reilly hosted a segment featuring Denver mayor Michael Hancock talking in greater detail than he has since being elected (and maybe ever) about what’s arguably his greatest accomplishment:

Serving as Huddles, the Broncos’ mascot.

The bit opens with Reilly on the 16th Street Mall, where he corrals passersby and asks if they recognize Huddles, a long-abandoned mascot far less tough and virile than the current model, Miles. No one does, beyond figuring out that he boosted the Broncos.

Reilly’s also got a photo of Hancock dating back to his old Denver City Council days. When he reveals that the pics of the mayor and the mascot feature the same person, the folks with whom he’s chatting are shocked, and no wonder: While Hancock hasn’t hidden his Huddles past, neither does he make a big deal of it…as he absolutely should!

Then comes the background. Hancock was part of a Broncos youth group in 1986, when he was seventeen…and he was subsequently cajoled into portraying Huddles. As he told Reilly during a sit-down in the mayor’s office, the job’s pay ($25 a pop) was more attractive than the potential dangers (Hancock says Huddles had been smacked with snowballs and set on fire).

Michael Hancock will never be John Hickenlooper, but that’s a good thing. After all, Hancock is able to play the whole “hometown mayor” angle in a way that Hickenlooper never could. If Hick was reluctantly mayor, Hancock’s the guy fulfilling a childhood dream.

The ESPN story is the first major piece of national press Hancock has received since his advisors made boosting his political profile a priority over a year ago. As it turns out, letting Hancock earn organic attention by just being himself is probably the most effective strategy possible.

Effective, that is, as long as there’s an advisor alongside to make sure Hancock doesn’t go too far off message.

Will Hickenlooper Throw Down Tonight?

UPDATE: A good speech if the crowd would just shut up and listen, courtesy NBC News: —– Politico’s Charles Mahtesian: The popular first-term Colorado governor tells the Denver Post that his first major speech to the national party won’t be a negative one marked by attacks on Mitt Romney or the GOP, an approach that’s […]

Margaret Chapman to Return to Trustee Post

Former Jefferson County Trustee Margaret Chapman, who resigned last month at Governor Hickenlooper’s behest, was today reappointed to the post.

From KOAA.com:

Gov. John Hickenlooper, who had asked for the resignations of 10 county public trustees last month, today gave five their jobs back. He also picked new trustees for three counties. The search continues in two more counties.

Trustees in five counties were reappointed: George Kennedy in Douglas County; Thomas Mowle in El Paso County; Margaret Chapman in Jefferson County; Deborah Morgan in Larimer County; and Susie Velasquez in Weld County.

“It is essential that public servants maintain the public’s trust,” Hickenlooper said. “We expect that moving forward each of these trustees will continue to do just that.”

The Governor’s Office intends to seek legislative changes in January that deal with issues related to the state’s public trustees. The changes will be proposed in concert with counties and members of the General Assembly. No matter what form the legislation may take, it must maintain transparency, accountability and consistency among public trustees statewide.

Chapman was widely expected to get her job back. She’s always “maintained the public’s trust” and played no part in the scandal that forced the resignation of trustees around the state. Last month, we wrote that “there’s no question that Hickenlooper will reappoint Chapman: she’s simply the best fit for the post and she’s done nothing wrong.” That clearly holds true today, and should for as long as Chapman serves the people of Jefferson County.

Still, with statutory changes to the appointed positions promised for next year’s legislative session, Chapman’s office may change dramatically. That’s a shame: for five years she’s capably performed her duties as they’re currently defined. It’s an unfortunate reality that many of Chapman’s colleagues took personal advantage of the position, but Jefferson County’s trustee patently did not.

As someone who’s shined in and truly understands the job, then, Chapman should be leading the legislative effort to rework the state’s appointed trustee system. She shouldn’t be punished by it.  

Poll: How Would You Rate Michael Hancock’s First Year in Office?

With Denver Mayor Michael Hancock set to deliver his State of the City Address later today, we want to know how you would rate his first year as mayor.

Hancock’s made his fair share of controversial decisions, sure, and he’s already had a few staff shakeups. Still, considering he inherited the shoes of Colorado’s most popular politician, Hancock’s done an admirable job at defining his own priorities for the city. He’s not Hickenlooper, of course, but maybe that’s a good thing.

How do you think Michael Hancock is doing as mayor? A poll follows.  

Chapman Resigns as Public Trustee

In the wake of the Denver newspaper’s muckraking exploration of the budgets of Colorado’s ten appointed public trustees, Jeffco’s own Margaret Chapman has resigned her post. For Chapman, the resignation is little more than a symbolic gesture, as no misdeeds have been alleged in her office.

From the Columbine Courier:

Jefferson County public trustee Margaret Chapman has resigned her job at  the behest of Gov. John Hickenlooper, who requested the resignations of all 10 appointed trustees July 9.

Chapman said Thursday she would reapply for her job.

The governor took action after a July 8 Denver Post story alleged that some trustees were misusing public funds; the article did not single out Chapman for criticism. Chapman, 63, a Democrat, was appointed to the job by governor Bill Ritter in 2007 and reappointed in 2011 by Hickenlooper.

The public trustee is appointed to oversee the foreclosure process on behalf of both lenders and homeowners.

The governor’s office issued a news release late Tuesday saying all 10 appointed trustees had resigned in the following counties: Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Mesa, Pueblo and Weld.

In a county famed for its corrupt government, Chapman has always been a beacon of transparency since her appointment by Governor Ritter in 2007. So while many of her colleagues took full advantage of their lack of independent oversight, Chapman has kept her books in order and done everything above the table. That’s all the more remarkable considering how much a trustee could’ve gotten away with in Jeffco.

There’s no question that Hickenlooper will reappoint Chapman: she’s simply the best fit for the post and she’s done nothing wrong.

What’s less certain is how long she can keep her job after reappointment. The legislature will likely attempt to remedy what is an admittedly-flawed system when it meets in January, perhaps incorporating the ten appointed trustees into existing elected positions in county government.

Nothing could be worse for Jeffco. Paradoxically, moving the office under the aegis of county government would corrupt — not cleanse — the trustee. Jefferson County, after all, isn’t renowned for its transparent government practices.

Jefferson County’s Public Trustee should not only keep her job, she should also be free of county-level interference. As trustee, Margaret Chapman will never do anything ethically questionable. Shifting the job closer to county government, however, will make her eventual successor all that much more, not less, likely to take advantage of the perks of the office.  

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