The Associated Press
DENVER- Citing a faulty police search, prosecutors have dropped the first marijuana case filed since city voters legalized small amounts of the drug for adults.
Police and prosecutors said Wednesday they still intend to enforce state laws that forbid marijuana possession, despite the new city ordinance approved in November.
Advocates of legalization claimed victory, saying public pressure persuaded prosecutors to drop the case.
Eric Footer, 39, was arrested on a marijuana possession charge on Nov. 17, a day after the ordinance took effect. Assistant City Attorney Greg Rawlings dropped the charge Wednesday, saying he could not find a valid reason for police to begin the search that turned up the marijuana.
Police had stopped Footer’s car after a complaint from another motorist about a confrontation. Officers said they asked Footer for permission to search the car after he dropped his keys to the floor, making them suspect he might be reaching for a weapon. Footer consented to a search.
Footer, who said he uses marijuana to dull back pain, described the dismissal as a personal victory. “But more than that, I see it as a victory for all the voters who voted on this initiative,” he said.
Mason Tvert of Safer Alternative for Enjoyable Recreation, a nonprofit group that spearheaded the Denver initiative, said he believes attention to the case prompted the city to drop the charge.
“I think they’re just caving under the pressure of the people of the city,” he said.
Police spokesman Sonny Jackson said officers would review Footer’s case but would not be deterred from making marijuana arrests under state law.