New York Times
DENVER - Anthony Orozco, 19, a community college student
and soccer player in southeastern Colorado, is facing criminal charges
for something that will soon be legal across this state: the possession
of a few nuggets of marijuana and a pipe he used to smoke it.
Mr.
Orozco said that one day in September he and a few friends were driving
in Lamar, on the plains near the Kansas border, when they were pulled
over. After the police officer found marijuana in the car, Mr. Orozco
was issued a summons for possession and drug paraphernalia - petty
offenses that each carry a $100 fine - and given a court date.
"We get treated like criminals," Mr. Orozco said.
But
is he one? In the uncertain weeks after Colorado's vote to legalize
small amounts of marijuana for recreational use, the answer in hundreds
of minor drug cases depends less on the law than on location.
Hundreds
of misdemeanor marijuana cases are already being dropped here and in
Washington State, which approved a similar measure. Police departments
have stopped charging adults 21 years and older for small-scale
possession that will be legally sanctioned once the laws take effect in
the coming weeks.
But prosecutors in more conservative
precincts in Colorado have vowed to press ahead with existing marijuana
cases and are still citing people for possession. At the same time,
several towns from the Denver suburbs to the Western mountains are
voting to block new, state-licensed retail marijuana shops from opening
in their communities.
"This thing is evolving so
quickly that I don't know what's going to happen next," said Daniel J.
Oates, the police chief in Aurora, just east of Denver.
Regulators
in Washington State are also scratching their heads. And they are
looking for guidance on how to set up a system of licenses for
production, manufacturing, distribution and sales - all by a deadline of
Dec. 1, 2013. They say that Colorado, for better or worse, is ahead of
most states in regulating marijuana, first for medical use and now
recreationally.
"Colorado has a more regulated market,
so they will be a good guide," said Brian E. Smith, a spokesman for the
Washington State Liquor Control Board. But no place or system, Mr. Smith
conceded, can do more than suggest what might work. "There's no real
precedent for us to follow," he said.
Washington's law,
called I-502, takes effect on Dec. 6, which also leaves a year of limbo
during which the state licensing system will not yet exist, but
legalized possession will. And there are thorny mechanical questions
that must be resolved during that time, like how to balance the state's
mandate of "adequate access" to licensed marijuana with its prohibitions
on cannabis businesses within 1,000 feet of a school, park, playground
or child care center.
"Nowhere will it be more
difficult to site a licensed cannabis business than in urban areas,
particularly in the Seattle metropolitan area," said Ben Livingston, a
spokesman for the Center for Legal Cannabis, a recently formed research
group.
On Nov. 21, Chief Oates in Aurora sent his
officers an e-mail announcing that the city attorney would no longer be
prosecuting small marijuana violations for anyone 21 years or older, and
that the police would stop charging people for those crimes "effective
immediately."
Chief Oates said that the police would
enforce city codes regulating medical marijuana growers, and that they
would still pursue drug traffickers and dealers.
In
northern Colorado's Weld County, the district attorney, Ken Buck,
represents a stricter view. After the vote, he said his office would
continue pursuing marijuana possession cases, mostly as a way to press
users into getting treatment. Right now, 119 people face charges of
possessing two ounces or less of marijuana, though many are facing other
charges.
"Our office has an obligation to prosecute offenses that were crimes at the time they occurred," Mr. Buck said in a statement.
The
response has been complicated even in places like rural Mesa County,
where voters rejected the marijuana initiative. The police in Grand
Junction, the county's largest city, are no longer citing adults for
possession of small amounts. The county's district attorney, Pete
Hautzinger, supported that decision, but also decided not to dismiss all
of the pending possession cases.
"I do not think I'm wasting my time continuing to enforce the law until it changes," he said.
Although
55 percent of Colorado voters supported the measure, bringing
recreational marijuana into the folds of government and the legal system
was never going to be simple. And the contradictory reactions across
the state lay bare a deep ambivalence among local officials about the
state's big green experiment.
"It's a cultural barrier"
with district attorneys, said Sean McAllister, a Denver lawyer who
represents marijuana defendants and is a local spokesman for the
National Organization for the Reform of Marijuana Laws.
"They spent so much of their lives prosecuting people that they still don't really accept that this is legal," he said.
As
the first states to treat small amounts of marijuana like alcohol,
Colorado and Washington are poised to become national test cases for
drug legalization. As advocates and state officials plan for a new
frontier of legalized sales, they are also anxiously awaiting direction
from the federal government, which still plans to treat the sale and
cultivation of marijuana as federal crimes.
Advocates
for legalized marijuana are hoping the Justice Department yields.
Despite some high-profile arrests of medical marijuana patients and
sellers, the federal government has mostly allowed medical marijuana
businesses to operate in Colorado, Washington and 16 other states.
While
drug agents will probably not beat down doors to seize a small bag of
the drug, they are likely to balk at allowing the state-regulated
recreational marijuana shops allowed under the new laws, said Kevin A.
Sabet, a former drug policy adviser in the Obama administration.
Several
cities in Colorado are not waiting for federal authorities to act. Even
before Election Day, some local governments approved moratoriums on any
new marijuana shops, even though it will be about a year before any can
open. Last week, the western city of Montrose took up a six-month ban,
and is likely to pass it next week.
"We don't want to
be put in a position where we license somebody and then have a big
federal issue," said Bob Nicholson, a City Council member. "Our
community voted against this amendment. We're looking at what the
community voted for versus what the state voted for. There's an awful
lot of questions."