Dec 2, 2005 12:31 am US/Mountain
Denver Man Fighting Marijuana Citation
DENVER (CBS4) ―
A Denver man cited for possessing marijuana wants to take his case to court saying he believes he's protected under Initiative 100.
Eric Footer was pulled over for a traffic stop when police found less than an ounce of marijuana in his vehicle.
Footer said he was sure it would be no big deal if officers searched his car since Denver voters approved the initiative in November's election.
Initiative 100 allows adults who are at least 21 years old to carry no more than an ounce of marijuana.
"Police even asked me 'are we going to find anything that you shouldn't have on you' and I said 'no.'"
Footer was ticketed and ordered to pay a fine. But he thought under Denver's new city ordinance he had the right to legally possess less than an ounce of pot.
"Because I was under the impression the voters approved this, I wasn't doing anything illegal," Footer said.
"This is a person that was in the city of Denver following what he believed to be the law, which was passed by the majority of voters of the city and lo and behold finding out that this city does not care about its people," said Mason Tvert, executive director of Safer Alternative For Enjoyable Recreation.
With the help of SAFER, a marijuana advocacy group, Footer is taking his case to court.
"If I can help somebody else so they don't have to go through it I don't have a problem with that," Footer said. "I am a law abiding citizen. I have never been in trouble with the law before. I felt it was a matter of principle."
Footer said he smokes pot because of chronic back pain but he said the reason is beside the point. He believes the city law is the law.
Footer is planning to plead not guilty at his arraignment hearing next month.
Carrying less than an ounce of marijuana is considered a petty offense and carries a $100 fine.
(Copyright © MMV CBS Television Stations, Inc.)
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