Boulder District Attorney Stan Garnett isn’t waiting for Colorado to formally legalize marijuana possession. He’s tossing out cases as we speak.
“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 paraphernalia (sic) cases, for defendants over the age of 21,” Garnett wrote on his Facebook page Wednesday morning. “Cases of driving under the influence of MJ (or any other drug, including alcohol) remain a top priority.”
Garnett said in a follow-up message that he and his senior staff have decided that there’s “no reasonable likelihood” of getting unanimous convictions, “which is the ethical standard that applies to beginning or maintaining a criminal prosecution immediately.”
Garnett spokeswoman Catherine Olguin said those with pending cases will be notified by mail.
Colorado voters statewide approved Amendment 64 by 55 percent, but the measure won’t be written into the state Constitution until Gov. John Hickenlooper signs it, which doesn’t have to happen until January 5. Then — and only then — will possession become legal.
The amendment will allow those over 21 to possess up to an ounce of marijuana and grow up to six marijuana plants of their own. Marijuana retail stores can apply for business licenses in January of 2014, after the state Legislature enacts regulations for the industry.